Senior advocate Mahesh Jethmalani slams the ‘Hindu terror’ narrative after the Malegaon verdict, claiming the case was politically motivated and flawed since 2009, lacking credible evidence throughout.
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NEW DELHI: In a landmark judgment delivered on Thursday, a special NIA court acquitted all seven accused in the 2008 Malegaon blast case, including BJP MP Pragya Thakur. The verdict, which spans 500 pages, has sparked political, legal, and public discourse on the nature of the investigation.
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Senior advocate and Rajya Sabha MP Mahesh Jethmalani, who represented Sadhvi Pragya Thakur during her early bail proceedings, welcomed the verdict as a long-overdue vindication. In an interview with NDTV, he said,
“I said it in 2009 itself… this was a case completely based on oral evidence. There was nothing at all,” Jethmalani recalled.”
He argued that the charges were politically driven and thus destined to lead to a “faulty investigation”.
The special court, presided over by Judge A.K. Lahoti, held that the prosecution failed to prove any direct link between the accused and the blast. It ruled that suspicion could not substitute legal proof and that the provisions of the Unlawful Activities (Prevention) Act (UAPA) were not applicable in this case.
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Background
The Malegaon blast occurred on September 29, 2008, near Bhikku Chowk, during the holy month of Ramzan. Six people died and over 100 were injured. The accused were charged under multiple provisions of the IPC, Arms Act, Explosives Act, and the UAPA. The case passed through multiple agencies, first with Maharashtra’s Anti-Terrorist Squad (ATS) and later with the National Investigation Agency (NIA).
Despite these institutional interventions, the prosecution could not establish a direct chain of evidence. The court specifically noted that the explosive device could not be conclusively linked to the motorbike allegedly owned by Pragya Thakur, nor could the prosecution prove a conspiracy involving the accused.
Jethmalani’s comments go beyond the legal aspects of the case and directly attack the political atmosphere under which the investigation was launched. He pointed a finger at the UPA-era government, alleging an effort to promote a narrative of “Hindu terror.”
“If you have a political motive as opposed to a search for truth, you’re going to have a false investigation,”
he said,
He also questioned the overall state of India’s justice system:
“Let’s face it. People won’t say this, but our criminal justice system is in shambles. It leaves much to be desired.”
The court has directed a compensation of Rs 2 lakh to the families of the deceased and Rs 50,000 to each of the 101 injured.
Case Title: Maharashtra vs Pragyasingh Chandrapalsingh Thakur
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