HC directs ATS to serve notices to two Malegaon blast accused

The two accused – Mahant Amritanand alias Dayanand Pandey and Sudhakar Omkarnath Chaturvedi – were acquitted by a special National Investigation Agency (NIA) court on July 31 alongside five other accused in the case

MUMBAI: The Bombay High Court on Thursday directed the Maharashtra Anti-Terrorism Squad (ATS) to serve notices to two persons accused in the 2008 Malegaon blast case while hearing an appeal filed by families of the victims against their acquittal. The two accused – Mahant Amritanand alias Dayanand Pandey and Sudhakar Omkarnath Chaturvedi – were acquitted by a special National Investigation Agency (NIA) court on July 31 alongside five other accused in the case.

HC directs ATS to serve notices to two Malegaon blast accused

A bench of chief justice Shree Chandrashekhar and justice Gautam A Ankhad directed the ATS to serve notices to the duo after the authorities told the court that they could not serve notices earlier due to incomplete addresses.

Noting that both the accused were already out on bail, the bench said, “The police must have had their addresses. Now, the ATS will serve them the notice within two weeks.”

Six people were killed in Malegaon on September 29, 2008 after a bomb ripped through a crowded intersection. The special court, while acquitting the seven accused on July 31, had highlighted contradictions and procedural lapses in the probe. On September 8, the families of those killed in the blast had moved the high court against the acquittals. In their plea through advocate Mateen Shaikh, families of the victims argued that the trial court had disregarded important forensic and witness evidence as well as the conspiracy angle, and given undue weight to hostile witnesses.

“Six precious lives were lost, and this manner of rejection of evidence, as well as non-production of important materials by the prosecution ought not to have been permitted by the trial court,” the plea said. “The trial court is not supposed to act only as a post office but to ensure the eliciting of truth.”

Subsequently, on November 7, Sameer Kulkarni, one of the seven acquitted in the case, submitted an affidavit before the high court, claiming the prosecution against him was fundamentally illegal and built on fabricated material. The prosecution’s statements did not survive judicial scrutiny and were found to be contradictory during the investigation, he said in the affidavit.

Kulkarni further stated that he had repeatedly raised concerns regarding his personal safety and threats while in custody, but no protective measures were taken. He had endured “17 years of custody, hardship and heavy cost” and the failure to provide timely relief to him amounted to a violation of his fundamental rights under the Constitution, Kulkarni claimed in the affidavit. He concluded with a request to be allowed to argue his case personally before the court.

During the hearing on Thursday, Kulkarni, who was present in court, took permission of the bench to represent himself, saying hiring an advocate could delay the matter further.

“The matter in the trial court went for over 17 years. Please allow me to represent myself here to avoid any further delay”, he said.

The court agreed to his appeal, saying, “We should admit this matter then. In the meantime the additional solicitor general shall prepare a compilation of necessary documents.”

(With inputs from Prateem Rohanekar)