Last week, the National Investigation Agency (NIA) court directed the mandatory appearance of Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Pragya Thakur, emphasizing the necessity of her attendance in the ongoing trial of the 2008 Malegaon blast case. Special Judge A.K. Lahoti mandated Thakur’s presence from February 27 onwards, cautioning that failure to comply would result in the court taking necessary actions. It, however, directed her to remain present “without fail; otherwise, necessary steps will be taken.”.
Mumbai: Last week (February 22), a Special Court under the National Investigation Agency (NIA) directed Bharatiya Janata Party (BJP) Member of Parliament Pragya Singh Thakur to be present for her statement recording in connection with the 2008 Malegaon blast case.
The court, presided over by Special Judge A.K. Lahoti, has issued a clear warning to Thakur, emphasizing the importance of her attendance from February 27 onwards and highlighting the potential for “necessary steps” to be taken in the event of her absence.
Later, the court agreed to Thakur’s request for a one-day exemption on February 22 due to health issues. Pragya Thakur, along with six other individuals, is currently undergoing trial for her alleged involvement in the 2008 Malegaon blast, facing charges under the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC). The NIA court’s process includes recording statements from the accused under Section 164 of the Code of Criminal Procedure (CrPC).
The court’s observation reveals a pattern of irregular attendance by the accused, including Thakur, despite the scheduling of court dates well in advance to accommodate their travel from different states. The court has made it clear that it will no longer consider travel difficulties as a valid reason for exemption and has emphasized that all the accused must be present on the appointed dates until the completion of the statement recording.
It, however, directed her to remain present from February 27 onwards “without fail; otherwise, necessary steps will be taken.”.
Further, the court said all the accused must remain present on the fixed dates given to them until the completion of the recording of the statement.
Background
The Malegaon blast, which resulted in the deaths of six individuals and injured over 100, occurred near a mosque in Malegaon, a town roughly 200 km from Mumbai, on September 29, 2008. An explosive device attached to a motorcycle was detonated, causing significant casualties and damage.
Initially handled by the Maharashtra Anti-Terrorism Squad, the investigation was later transferred to the NIA in 2011. Pragya Singh Thakur, who represents Bhopal as a BJP MP, remains a key figure in the ongoing trial related to this tragic event.
“From time to time, their exemption applications for the reasons put forth by them are also considered by the court. It is observed that some of the accused are residents of other states, and while moving the application, they used to mention that they face difficulty getting tickets at the eleventh hour. So, they could not attend the court,”
the court said.
“Needless to say, they (the accused) could stay in Mumbai, and if there is ill health, they could get medication in Mumbai also,” the court noted.
The presence of the accused in court plays a crucial role in the judicial process, allowing for a thorough examination of evidence and testimonies essential for achieving a fair outcome.
Case Title: National Investigation Agency v. Pragyasingh Chandrapalsingh Thakur and Ors
