2008 Malegaon blast: Bombay HC asks if victims’ kin were examined as witnesses, says ‘not open gate’ for all to challenge acquittal

Six people were killed and over 100 were injured on September 29, 2008, when an explosive device went off near a mosque at Malegaon in Maharashtra’s Nashik district.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad was hearing an appeal filed by Nisar Ahmed Haji Sayyed Bilal, Shaikh Liyaqat Mohiuddin, Shaikh Ishaque Shaikh Yusuf, Usman Khan Ainullah Khan, Mushtaque Shah Haroon Shah, and Shaikh Ibrahim Shaikh Supdo.

When the lawyer representing appellants submitted that Bilal, whose son had died in the blast, was not a witness in the trial, Chief Justice Chandrashekhar orally responded, “If your son has died, necessarily you would have been a witness. This is not an open gate for everyone (to file an appeal against acquittal). Please get all the details.”

The lawyer representing the appellants said he will produce the details, after which the bench posted further hearing to Wednesday, September 17.

The appeal, filed against the judgment of the special court designated under the National Investigation Agency (NIA) Act, sought directions from the high court to quash and set aside the July 31 verdict, and to convict the accused. The NIA, which probed the case, has not yet challenged the special court verdict before the high court.