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2008 Malegaon blast trial: Two victims want to be part of proceedings to oppose bail

Both applicants requested that they be added to the proceedings either as intervenors or respondents and sought permission to file replies to the bail applications filed by the accused.

TWO senior citizens who were injured in the 2008 Malegaon blast Tuesday filed applications in a special court seeking to intervene in the bail applications of five of the accused. The court will decide on Wednesday whether they can be intervenors in the bail proceedings.

Both applicants requested that they be added to the proceedings either as intervenors or respondents and sought permission to file replies to the bail applications filed by the accused.

The first application by advocate Sharif Shaikh on behalf of 82-year-old Malegaon resident Abdullah Jamaluddin opposes the bail pleas of Lt Col Prasad Purohit and Sudhakar Dhar Dwivedi alias Swami Amritanand Dev Tirth.

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In his application, Jamaluddin stated that he was injured in the blast on September 29, 2008, which killed four people and that he had learned recently that a special MCOCA Court had been tasked by the Supreme Court to conduct daily hearings to dispose of bail applications filed by the accused.

“It is just and necessary and in the interest of justice that the present intervenor may be heard at the time of deciding the above mentioned bail applications and
the intervenor may be allowed to be a party in the above said application,” Jamaluddin’s application reads.

Mohammed Hanif Shaikh Chand (63), the second applicant, opposed bail pleas filed by accused Rakesh Dhawade, retired major Ramesh Upadhyay and Sadhvi Pragya Singh Thakur.

Citing the chargesheet filed by the National Investigation Agency (NIA), Chand’s application stated that the accused “actively participated in the execution of the alleged offence”. Chand repeated his request to be made an intervenor “in the interest of justice”.

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The duo approached NGO Jamiat Ulama E Maharashtra for legal aid. The organisation had earlier this month petitioned the Supreme Court asking for a “free and fair trial” in the case following disclosures by senior counsel Rohini Salian that she had been asked by the NIA to “go soft” against the accused since the present government came to power. Salian had represented the NIA.

“The victims approached the NGO because they felt their voice was not being heard, while the court was hearing bail arguments. The court will pass orders on the intervenor applications on Wednesday,” said an advocate associated with the Jamiat.

First published on: 23-09-2015 at 01:13:10 am
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