The special National Investigation Agency (NIA) court in Mumbai is likely to pass an order on Monday on the discharge applications filed by nine Muslim accused in the 2006 Malegaon bomb blasts case.
The special National Investigation Agency (NIA) court in Mumbai is likely to pass an order on Monday on the discharge applications filed by nine Muslim accused in the 2006 Malegaon bomb blasts case.
The nine Muslim accused arrested in connection with the 2006 Malegaon bomb blasts case have filed discharge applications in the special NIA court contending that as per chargesheet there is no evidence against them and hence they should be discharged and also the NIA had arrested members of a right wing Hindu group claiming that group was behind the blasts.
Recently, advocates Sharif Shaikh, Khan Abdul Wahab and Prakash Shetty on behalf of Jamiat-e-Ulema Maharashtra had contended before the court that the NIA had arrested another group of persons for carrying out the blasts for which the anti-terrorism squad (ATS) had arrested the applicants. According to lawyers, the NIA has also filed chargesheet against another group of accused and that chargsheet shows how the applicants were innocent and hence they were granted bail though they were arrested under the stringent law of MCOCA.
Advocate Mr Shaikh argued that the ATS case is that the bomb was assembled in Shabbir Masihullah’s godown and he along with another accused Zahid were present when the bomb was assembled. The defence has claimed that Masihullah was in crime branch’s custody in Mumbai at the time and Zahid was leading a Friday prayer in a mosque in Yavatmal, which is 400 km away from Malegaon when the blasts took place. The defence has claimed that the local people have confirmed the presence of Zahid in Yavatmal.
Advocate Khan argued the accused were granted bail because the court felt there was nothing against them and hence a case of discharge is also made out. He pointed out that even the approver in this case had filed an affidavit in the Bombay high court stating how he was influenced to give false statement and how the innocents were implicated.
On the other hand, special public prosecutor Raja Thakre on behalf of ATS argued that investigation has showed involvement of these accused and the court should take into consideration evidence provided by ATS before deciding the discharge application.
