In the 2008 Malegaon blast case, a former Maharashtra Anti-Terrorism Squad (ATS) officer denied allegations that RDX was planted at the home of an accused to fabricate evidence. The former officer, who was an inspector with the ATS in 2008, had conducted searches at the house of Sudhakar Chaturvedi, the accused. RDX traces were found at his house, the ATS claimed. The National Investigation Agency (NIA) took over the probe from the ATS in 2011. In its chargesheet filed in 2016, the NIA claimed two Army officials saw an ATS officer planting the evidence.
“It is not correct to say that we prepared fabricated and sham panchnama (independent search document). It is not correct to say that I was fully aware that RDX traces are already planted by Mr. Bagade (assistant inspector Shekhar Bagade) and hence, I had called FSL (forensic science laboratory) team to take swab and prepared the sham panchanama,” the former ATS officer told a special court in Mumbai.
His deposition began in March and went on till April 13. The witness ex-officer also denied the “signatures of independent witnesses, claimed to have been present during the search of Chaturvedi’s home, were taken on blank pages”, and that “nothing was seized from the house”.
The defence lawyers for the accused claimed Chaturvedi, a source of the military intelligence wing, was booked in another case in Matunga, where keys to his house were seized and later used for planting evidence.
Rebuffing the claim, the ex-officer also denied the ATS had deliberately not informed any army officials about the search. He also rejected the allegation that the then ATS chief – Hemant Karkare, who died during the 2008 Mumbai terror attacks – had given instructions to him to prepare false documents to implicate the accused.
The former officer had also questioned Dilip Patidar, a resident of Indore, who went missing in 2008 after he was summoned by the ATS. He denied that Patidar was called a suspect and that he was “physically and mentally tortured in the custody of ATS”. “It is not correct to say that Dilip Patidar was forced to narrate the facts as per the say of the ATS team. It is not correct to say that as he was not giving the statement as per our say and hence, we assaulted him and he succumbed to injuries and passed away,” the witness said.
In 2018, the Madhya Pradesh High Court set aside the trial against the ATS officer and another official for the alleged role in Patidar’s disappearance, as there was no sanction by the state government to prosecute them.