Bombay high court on Malegaon Blast Case: 'Not Everyone Can Appeal Against Acquittal'
In the 2008 Malegaon blast case, the bombay high court remarked that not everyone has the right to appeal against an acquittal.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice gautam Ankharia made this observation while hearing an appeal by families of six deceased victims.
The appeal challenged the July 31 acquittal of seven accused by the special NIA court, including bjp mp Pragya Singh Thakur and Lt Col prasad Purohit.
The court questioned if the victims' families were made witnesses during the trial. It specifically asked if Nisar Ahmed, whose son died, was a witness.
The counsel for the appellants stated that Nisar ahmed was not made a witness.
The court responded that if a father lost his son, he should ideally have been called as a witness and sought more details by the next hearing.
Arguments Made by the Victims’ Families:
The appellants argued that the trial court acted like a post office, merely forwarding the process without applying judicial scrutiny.
They claimed the investigation was deliberately weakened after the NIA took over from ATS.
The families said the absence of direct evidence is expected in a conspiracy case, but this shouldn’t lead to acquittal.
They asserted that the NIA court’s verdict was flawed and should be set aside.
2008 Blast and Aftermath:
On september 29, 2008, a bomb tied to a motorcycle exploded near a mosque in Malegaon, killing 6 people and injuring 101.
Initially investigated by ATS, a right-wing terror conspiracy was alleged.
The special court acquitted all accused, stating the evidence was insufficient and based only on suspicion.
The judgment emphasized that benefit of doubt must go to the accused if prosecution fails.
click and follow Indiaherald WhatsApp channel