2008 Malegaon blast case: HC seeks fortnightly reports of trial over delays

Six people were killed and over 100 injured on 29 September 2008 when an explosive device placed in a motorcycle went off near a mosque in Malegaon

The Bombay high court on Wednesday directed the special National Investigation Agency (NIA) court to conduct a trial into the 2008 Malegaon bomb blast case on a day-to-day basis and submit a fortnightly report on the progress. BJP MP Pragya Singh Thakur and Lt. Col. Prasad Purohit are among those who are being tried in the case.

The Bombay high court. (HT File Photo)

The directions were issued while hearing a petition filed by Sameer Kulkarni, an accused in the case, alleging that the trial, which was supposed to be concluded by December 2020, was being protracted needlessly. The court also sought the roznamas (a register of the daily proceedings of a court case) of the trial court for the past month to ascertain why the hearing was being delayed.

The HC directed the NIA to schedule the presence of two witnesses before the trial court on every date of the hearing, and to issue bailable warrants against those who fail to turn up.

Kulkarni informed the division bench of justices Revati Mohite Dere and V G Bisht that though the HC directed the trial court to conduct daily proceedings and expedite the completion of the trial, deliberate attempts to delay the process were made.

He claimed that certain witnesses were not coming forward and the NIA was making different statements with regard to the number of witnesses it wanted to examine, and important witnesses yet to be examined.

During a previous hearing, the HC sought a status report from the special court. The report stated that after a new judge took charge on June 6, 12 witnesses were examined and the trial was progressing on a day-to-day basis as directed by the high court. The NIA, in its additional affidavit, said that out of 495 witnesses, the court examined 256 and 218 were yet to be examined.

After hearing the submissions and perusing the report, the bench directed the special NIA court to submit a fortnightly report on the progress of the trial and also sought the roznamas of the trial for the past month so that it could monitor the progress.

“We have called for a fortnightly report to examine how the witnesses are being examined. We will also see from the roznama how witnesses are being examined, and will know who is taking time, why the trial is being adjourned and if a warrant has been issued against witnesses or not,” said the bench.

“You have to ensure that more than one witness remains present. If one witness is arranged for, and for some reason, that witness cannot remain present in court, then what happens? Judicial time is wasted,” the bench remarked.

After the NIA assured the bench of abiding by its directions, the hearing was adjourned to August 1.

Six people were killed and over 100 injured on 29 September 2008 when an explosive device placed in a motorcycle went off near a mosque in Malegaon.