The court found no merit in the Malegaon blast case officer’s claim about an order to arrest RSS chief Mohan Bhagwat. All seven accused, including BJP MP Pragya Singh Thakur, were acquitted by the special NIA court on Thursday.
The special National Investigation Agency (NIA) court, which recently delivered its verdict in the 2008 Malegaon blast case, found no merit in the explosive claims made by a former Anti-Terror Squad (ATS) officer that the investigation team was directed to arrest Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat.
Special judge A K Lakhoti also dismissed ex-ATS officer Mehboob Mujawar’s assertion that two squad members were killed while in custody, citing a lack of admissible evidence and sworn testimony.
Eeferring to documents presented by Mujawar before the magistrate court in Solapur, the judge remarked,
“The statement recorded u/s 313 of Cr.P.C. cannot be construed as evidence,”
The court observed that while these documents were submitted, Mujawar was not called as a witness in the trial court, preventing any legal examination of his claims.
The ruling stated,
“The defense had submitted that ATS officer Mehboob Mujawar refused to act on alleged directions from senior officers to arrest RSS chief Mohan Bhagwat, citing no role found in the case. Whereas, their own officer (Mehboob Mujawar) had denied obeying such illegal order as he did not find any role of Mr. Mohan Bhagwat in the alleged offence,”
The bombing, which occurred on September 29, 2008, in a busy market in Malegaon, approximately 300 km from Mumbai, resulted in six fatalities. Initially investigated by the state ATS, the case was later transferred to the NIA, India’s primary anti-terror agency.
The court acquitted all seven accused, including former Bharatiya Janata Party MP Pragya Singh Thakur, on the grounds of “no reliable and cogent” evidence against them.
Mujawar, On Friday, who participated in the ATS investigation, alleged that they were instructed to arrest Bhagwat and claimed there was an attempt to misdirect the investigation, as well as that false cases were filed against him for opposing these actions.
In its extensive 100-page judgment, the court addressed Mujawar’s claim that he was subsequently implicated in a false case in Solapur due to his refusal to comply.
The court noted that the documents submitted pertained to a different legal matter and lacked supporting evidence for the current case.
The court highlighted the cross-examination of then Assistant Commissioner of Police (ACP) Mohan Kulkarni, who “denied the suggestion that Mehboob Mujawar was sent by them to bring one senior office bearer of RSS.”
Kulkarni confirmed that Mujawar was tasked with tracing absconding accused Ramji Kalsangra and Sandeep Dange, but denied any directives related to RSS leadership or claims of custodial killings.
The judgment also recorded that then Deputy Superintendent of Police Anil Dubey acknowledged Mujawar’s role in the ATS team and that he was questioned by the NIA regarding his public statements about the alleged deaths of Kalsangra and Dange.
The court concluded,
“Mujawar’s name is not listed in the witness list nor is he examined as a witness before this court by prosecution side or defense side.”
It emphasized that,
“Some documents are not sufficient. It must be proved through the cogent and reliable testimony of concerned witness.”
Ultimately, the court found Mujawar’s claims unreliable due to the absence of sworn testimony and cross-examination, stating,
“I did not find any force in the aforesaid contention.”