2008 Malegaon blast: HC seeks fortnightly reports of trial to ascertain delay

Bharatiya Janata Party MP Pragya Singh Thakur and Lt Col Prasad Purohit are amongst the others who are being tried in the case

Mumbai The Bombay high court (HC) on Wednesday directed the special National Investigation Agency (NIA) court to conduct trial in the 2008 Malegaon bomb blast case on a day-to-day basis and submit a fortnightly report on the progress of the trial.

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 (HT Photo)

Bharatiya Janata Party MP Pragya Singh Thakur and Lt Col Prasad Purohit are amongst the others who are being tried in the case.

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 of the trial court for the past month to ascertain why the hearing was being delayed.

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

The division bench of justice Revati Mohite Dere and justice V G Bisht was informed by Kulkarni that though the HC had directed the trial court to conduct proceedings on a daily basis and complete the trial in an expedited manner, deliberate delay was being caused. He added that certain witnesses were not coming forward and the NIA was making different statements, as to the number of witnesses it wanted to examine and important witnesses were yet to be examined.

During a previous hearing, the HC had sought a status report from the special court. The report had stated that after a new judge had taken charge on June 6, 12 witnesses had been examined and the trial was progressing on a day-to-day basis as directed by the high court. The NIA, in its additional affidavit, stated that out of 495 witnesses, the court had examined 256 witnesses 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 as to how witnesses are being examined and will know who is taking time, why is the trial 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,” remarked the bench.

After 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 September 29, 2008, when an explosive device placed on a motorbike went off near a mosque in Malegaon.