In an affidavit before the Supreme Court, the National Investigation Agency (NIA) Wednesday said that a plea seeking cancellation of bail to Pragya Thakur, an accused in the 2008 Malegaon blast, filed by the family members of a victim “need not be entertained”.
The affidavit was submitted through NIA’s lawyer on December 5 in response to the special leave petition (SLP) filed by Nisar Ahmed Sayyed Bilal, who lost his son in the September 29, 2008, blast in Malegaon. At least six people were killed and over 100 were injured in the incident.
In the affidavit, the NIA referred to the supplementary chargesheet filed by the agency in 2016, which said that Thakur should be discharged from the case as there is not sufficient evidence to charge her.
The supplementary chargesheet and NIA’s conclusion in giving Thakur a clean-chit, however, was not accepted by the special court in Mumbai, which on December 27, 2017, had rejected her discharge application, which is not mentioned in the NIA affidavit to the SC.
Thakur, who was elected as Member of Parliament from Bhopal earlier this year, is currently undergoing trial along with six others in the case. The NIA is the prosecuting agency against the accused.
“In the said report… the investigation agency has recorded its conclusions based upon the investigation conducted. I crave leave to refer to and rely upon the said report produced before the competent jurisdictional court at the time of hearing of the captioned SLP. I state and submit that in view of the conclusion arrived at, based upon the investigation conducted, the captioned SLP need not be entertained,” the NIA has said in its affidavit. Earlier this year, the special court in Mumbai, in its order on April 24, had rapped the NIA for stating that there is no prima facie evidence against Thakur, when she is facing a trial. The special court had said that charges were framed against Thakur after hearing the accused, prosecutor and intervener, finding prima facie evidence in the chargesheet filed by the earlier agency, the Maharashtra Anti-Terrorism Squad (ATS).
Bilal, who filed the SLP seeking cancellation of Thakur’s bail through Jamiat Ulama-i Hind, has said that if she continues to remain out on bail, Thakur could influence witnesses and tamper with evidence as she is an influential person.
Thakur was granted bail by the Bombay High Court in 2017 which said there are reasonable grounds to believe that the accusation made against her are prima facie true. The SC is likely to hear the SLP next month.
While NIA in its supplementary chargesheet stated that Thakur should be discharged, the special court had said that evidence, including the LML Freedom (scooter) allegedly used in the blast, registered in her name, and conversations of Thakur and other co-accused with the alleged planters of the bomb, showed “strong suspicion” of their involvement in the blast.
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