Malegaon 2008 Blasts Case: NIA Informs Court It Has Completed Recording Evidence, Doesn’t Need More Witnesses

Mumbai (Maharashtra) [India]: The National Investigation Agency (NIA) filed an application informing the Special NIA Court on Thursday that it has completed recording evidence and does not need to call any more witnesses for a statement from their side.

The NIA recorded 323 witnesses in this trial, and apart from these, 37 witnesses turned hostile too.

From tomorrow onward, the Special Court will start recording the statements of the accused under CrPC 313. If any accused wants some witness to record a statement supporting his/her case, the Accused may request the court for the same during the CrPC 313 procedure.

Earlier in April this year, the statements of two officers were to be recorded in the Malegaon 2008 blasts case, but due to some legal/technical issues, they could not be recorded.

The said retired NIA officer had earlier recorded a few statements when the case was transferred to the NIA from Maharashtra ATS, and on April 15, he was supposed to record a fresh statement in the case.

However, as all the witnesses reiterated their statements in court, the officer was not needed to be cross-examined and the witness was dropped on Saturday without his statement being recorded.

The retired NIA officer did not turn hostile but was dropped as a witness as he was not deemed relevant in the trial anymore. His statements during the investigation are affirmed in the trial by the witnesses concerned.

According to the prosecution, another witness, who was an ATS officer, could not depose on Saturday because of some technical issue. He will be called to record his statement on some other date.

On September 29, 2008, six people were killed and over 100 others injured after an explosive device placed on a motorcycle exploded in Maharashtra’s Malegaon city, in Nashik town.

Earlier, on April 10, a Special NIA court issued a bailable warrant of Rs10,000 against an ATS officer for repeatedly not appearing to record his statement in the Malegaon 2008 blasts case trial.

The said officer was part of the initial investigation team of the ATS and had recorded statements of several witnesses of the case.

He was ordered to remain present in court and record his statement on May 2.
Earlier in March, the Supreme Court rejected Lt Col Prasad Purohit’s petition challenging the Bombay High Court order dismissing his petition seeking to discharge him in the Malegaon 2008 blast case on the grounds of lack of sanction under section 197(2) of the CrPC from the Indian Army to prosecute him in the case.

The top court had noted that the challenge is to the order of the High Court whereby it was observed that sanction is not needed under section 197(2) of the Cr.P.C. for the prosecution of the petitioner as his impugned conduct does not pertain to any of his official duties.

“Having noted the basis of the impugned judgment, we see no reason to interfere with the same and accordingly, the Special Leave Petition is not entertained,” the court had said.
On October 23, 2008, the Maharashtra ATS made its first arrest in connection to the case by apprehending BJP MP Sadhvi Pragya Singh Thakur.

Later, the other accused, including Sameer Kulkarni, retired Major Ramesh Upadhyay, Sudhakar Chaturvedi, Ajay Rahilkar and Sudhakar Chaturvedi were also arrested in connection with the case.

On January 20, 2009, the ATS filed a chargesheet in the case after completing its investigation.

In April 2011, the central government transferred the investigation in the case to the NIA.