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Malegaon blast acquittals raise questions about justice, investigations and politics

By Ram Puniyani* 

The long-awaited verdict on the 2008 Malegaon blast was delivered by a special court in Mumbai. The judgement acquitted all seven accused, which came as a blow to the victims and was celebrated by the Hindutva camp. Many had anticipated this outcome, especially as the investigation trajectory changed significantly after 2014. The blast involved a motorcycle bomb using RDX that exploded during the month of Ramadan at a gathering of Muslims, killing six and injuring over a hundred. Among the accused were former BJP MP from Bhopal Pragya Singh Thakur, serving army officer Lt. Colonel Prasad Shrikant Purohit, and retired Major Ramesh Upadhyay.
Initially, the case was investigated by the Maharashtra Anti-Terrorism Squad, but it was taken over by the National Investigation Agency (NIA) in 2011. The court observed that while there was strong suspicion regarding the accused, the prosecution failed to prove the charges beyond reasonable doubt. As a result, all were acquitted. The Hindu Right welcomed the verdict, blaming the Congress for allegedly fabricating the "saffron terror" narrative, which led to the arrests of right-wing figures.
Key developments in the investigation deserve attention. Hemant Karkare, who led the initial probe, traced the motorcycle used in the blast to Sadhvi Pragya Thakur, a former ABVP activist. This led to the arrests of several accused. Earlier, in April 2006, a bomb had exploded in the Nanded home of Rajkondawar, where explosives were reportedly being assembled. A citizens' inquiry led by Dr. Suresh Khairnar found two men dead and three injured at the scene. The presence of a Bajrang Dal flag and disguises such as fake beards and kurtas raised further suspicion.
During this period, blasts also occurred in Parbhani, Panvel, and Jalna. As Karkare continued his investigation, he faced sharp criticism. Shiv Sena chief Bal Thackeray wrote in Saamana that “we spit on Karkare” for what he saw as anti-Hindu actions. LK Advani, then Leader of the Opposition, alleged that the accused were being tortured.
Karkare was killed in the 26/11 Mumbai attacks. Following his death, Narendra Modi, then Chief Minister of Gujarat, went to Mumbai to offer a cheque of ₹1 crore to Karkare’s widow, who declined it. Modi had earlier accused Karkare of acting against national interests due to the arrests in the Malegaon case. Despite this, after his death, Karkare was portrayed as a martyr. During the investigation, Karkare reportedly confided in his peer, Julio Ribeiro, who encouraged him to continue his professional and unbiased work.
Following Karkare’s death, Pragya Thakur described him as “anti-national” and “anti-religious” in a press conference, claiming she had cursed him, leading to his death a little over a month later. In other terror-related cases like Ajmer, Mecca Masjid, and the Samjhauta Express, Swami Aseemanand was arrested and voluntarily confessed before a magistrate that he and other Hindu activists were responsible for bombings at Muslim sites, intended as retaliation against Islamist terror. The confession was recorded under Section 164 of the Criminal Procedure Code after 48 hours of judicial custody. However, Aseemanand later retracted the confession, claiming coercion. Given that it was made before a magistrate, this retraction raised doubts. His statements, later published in Caravan, created controversy. While Aseemanand denied the content of his interviews, Caravan stood by its report and released audio clips to verify its authenticity.
Another significant case was the Mumbai train blasts, where Muslim accused were acquitted, prompting an immediate government appeal. In contrast, following the Malegaon acquittals, the right wing celebrated, and the government showed no indication of appealing the decision. Notably, just before the Malegaon verdict, Home Minister Amit Shah stated that a Hindu could never be a terrorist, thus linking terrorism with religion. This remark ignored the roles of Nathuram Godse, Rajiv Gandhi’s assassin Dhanu, and others involved in acts of terror whose religion was Hindu. Terrorism, however, transcends religion and should be addressed without communal bias.
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