Bombay High Court Adjourns Hearing In Malegaon Blast Appeal

In a dramatic turn in the long-standing 2008 Malegaon blast case, the Bombay High Court adjourned the hearing on an appeal challenging the acquittal of seven accused, including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, citing incomplete details about the appellants—family members of the victims. The bench, led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, expressed frustration over a "confusing" and "incomplete" chart submitted by the appellants' lawyer, postponing proceedings until Thursday.

The September 29, 2008, blast, which claimed six lives and injured 101 near a mosque in Malegaon, Maharashtra's Nashik district, was a shocking act of terror in a communally sensitive area. An explosive device strapped to a motorcycle detonated during a crowded evening, targeting the Muslim community. The prosecution alleged it was orchestrated by right-wing extremists to incite fear and division.

The appeal, filed last week by relatives of the six deceased, vehemently contests the special NIA court's July 31 acquittal order. Petitioners argue that investigative flaws or probe defects cannot justify acquittal, especially in a conspiracy shrouded in secrecy with no direct evidence possible. "The trial court acted as a mere post office, allowing a deficient prosecution to benefit the accused," the appeal contends, urging the judge to summon witnesses or pose questions when the prosecution falters.

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On Tuesday, the HC had sternly remarked it was "not an open gate for everyone" to appeal acquittals and demanded verification if the victims' family members testified as witnesses. Wednesday's hearing revealed only two of the six appellants were examined, with lead appellant Nisar Ahmed—whose son perished—allowed to intervene but not testify. The bench insisted on clarity: "Whether these persons were examined or not, that is the question. Verify it properly."

The acquittal stemmed from the NIA court's finding of "no reliable and cogent evidence" proving guilt beyond reasonable doubt, granting the accused the benefit of doubt amid investigative loopholes. Special Judge A K Lahoti criticized the probe's shortcomings, noting mere suspicion cannot substitute proof. The NIA, taking over from the Maharashtra ATS, was accused in the appeal of diluting charges against the suspects.

The ATS's arrests had exposed a vast conspiracy, credited with preventing further blasts in minority areas since 2008. The appellants seek conviction, highlighting the lasting trauma on survivors and families. Accused include Thakur, Purohit, retired Major Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni—figures linked to alleged Hindu extremist networks.

This case, mired in controversy over "saffron terror" narratives, continues to polarize opinions, with the appeal raising broader questions on judicial oversight in terror trials. As the hearing resumes, stakeholders watch closely, hoping for justice 17 years after the tragedy that scarred Malegaon forever.

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