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This is an archive article published on July 17, 2016

2008 Malegaon blast: State ATS seeks copy of NIA chargesheet which called its probe ‘dubious’

Plans to file affidavit in court to defend probe and officers against whom allegations have been levelled

THE MAHARASHTRA Anti-Terrorism Squad (ATS) has sought a copy of the NIA chargesheet in the Malegaon 2008 blast case. This is the first time the ATS has legally intervened in the case since the NIA took over in 2011.

The ATS approached the court and sought the copy of NIA’s second supplementary chargesheet. “The ATS sought a certified copy of the NIA chargesheet before the special court. The court has allowed for the copy to be provided to them,” said Special Public Prosecutor Avinash Rasal.

In its chargesheet filed on May 13, the NIA had raised many questions over the ATS probe into the case and called it ‘dubious’. The Indian Express had reported earlier that the ATS would be filing an application, defending its probe and challenging the allegations levelled by the central agency.

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An explosion at Malegaon on September 29, 2008, had killed six and injured 101 persons. The ATS probe led by its chief Hemant Karkare had found that the vehicle used in the explosion was registered under the name of Sadhvi Pragya Singh Thakur.

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Based on its evidence, the ATS had filed its chargesheet against nine persons, including Lt Col Prasad Purohit. In 2011, the ATS had filed a supplementary chargesheet after the arrest of another accused Praveen Takkalki.

The NIA took over the probe in 2011. In its May chargesheet, the NIA claimed that four of the accused, including Sadhvi, were wrongly charged, with no evidence to prove their involvement.

A senior ATS officer told The Indian Express that the ATS would be filing an affidavit in court and stand by its investigation as well as the conduct of its officers against whom the NIA had levelled allegations in its chargesheet.

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So far, no attempt has been made by the ATS to be made party in the case nor has the court issued any notice to seek their response.

Special Judge SD Tekale, however, relied heavily on its evidence while rejecting Sadhvi’s bail, despite the NIA’s no-objection to her plea. On an intervention plea seeking the ATS be made party, the court said that if the ATS felt aggrieved by the NIA chargesheet, it could take appropriate steps permissible in law.

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