Mumbai: The state government decided to
transfer the investigation of 2006 Malegaon blast case to CBI
to avoid allegations of bias but Anti-Terrorism Squad, which
conducted the probe initially, had no idea about it, the High
Court was told today.
On the last occasion, during the hearing on petition
filed by some of the accused in the case, the court had asked
why probe was handed over to CBI, when ATS was about to file
chargesheet. ATS filed the chargesheet in December 2006 while
the CBI took over the probe the next month.
According to the affidavit filed by Dattajirao Mane, ACP
(ATS), the state government wrote to CBI requesting it to take
over the case on December 21, 2006 but "investigating officer
(of ATS) was not aware of it".
Neither was there any direction to ATS that it should not
file the chargesheet, so on the same day, it filed the
chargesheet against nine persons. Four persons were declared
absconding.
The state on its part today defended the decision to
transfer the probe to CBI. The affidavit filed by Madhukar
Kamble, deputy secretary, Home Department, says that "decision
was not taken due to lack of confidence in ATS... state wanted
to show it publicly that it was not under the influence of any
group or ideology."
According to Kamble, state had received several
representations alleging that police were targeting a
"particular community" and demand for transfer of case to CBI
was raised in the Assembly too.
The CBI today assured the division bench of Justices J N
Patel and Amjed Sayed that it would file a supplementary
chargesheet within two months.
The bench adjourned the hearing till December 10 as the
Supreme Court is expected to deliver order on another petition
filed by other accused in the case on December 7.
The present petition in the High Court has been filed by
Noorulhudha Samsudhoha and two others, seeking fresh probe
into the case, alleging that they were framed by the ATS.
According to their lawyer Amin Solkar, the September 2006
blasts and September 29, 2008 blast in Malegaon were handiwork
of the same group.
Incidentally, the division bench led by Justice Patel
will hear the state government's appeal in the 2008 case --
where the accused include Sadhvi Pragya Singh Thakur and army
officer Prasad Purohit -- on the same day (December 10).
In this case, the state has challenged lower court's
decision to drop charges under Maharashtra Control of
Organised Crime Act.
Remand of 11 accused extended till Dec 11
A local court today extended the
judicial remand of 11 accused, including Sadhvi Pragnya Singh
Thakur and major Prasad Purhit, in the Malegaon blast case
till December 11.
All the accused except Sadhvi Pragnya Singh Thakur were
produced before Additional District and Sessions Court judge
Govind Sanap, advocate Avinash Bhide told PTI this evening.
Pragya was being treated for spinal problem in Mumbai and
thus could not be produced in the court, Bhide added.
The blast in Malegaon in September last year had claimed
six lives and left several injured.
-PTI