2008 Malegaon blast case: MCOCA dropped because of ATS mishandling

The MCOCA can be invoked in a case only when one of the accused has two previous cases registered against him/her

The discrepancies in the anti-terrorism squad’s (ATS) investigation into the 2008 Malegaon blast case led to the Maharashtra Control of Organised Crime Act (MCOCA) charges being dropped, the special National Investigation Agency (NIA) court hinted on Wednesday.

Six people were killed in the blast.

As a mandatory provision, the MCOCA can be invoked in a case only when one of the accused has two previous cases registered against him/her. The ATS invoked the charge against all accused as the name of one of them, Rakesh Dhawde, cropped up in two blast cases — at Parbhani and Jalna.

The NIA, had in their charge sheet, raised questions on how MCOCA was invoked by ATS in the case. The NIA claimed Dhawde was arrested in Malegaon blast case on November 2, 2008. It was only after his arrest that the ATS claimed he was involved in Parbhani and Jalna blasts. He was subsequently arrested in the two cases and the agency filed a charge sheet in two days, after his arrest in both the cases.

“Immediate filing of supplementary charge sheet against Dhawade by ATS in two cases [Parbhani and Jalna blasts] after his arrest in this case speaks volumes,” the court said. “There is no material to show in the year 2003-04, when the incidents at Parbhani and Jalna took place, Abhinav Bharat was in existence. There is also no material to show that during that period Dhawde, or any other accused in those cases had any connection with present accused persons at that time. In such circumstances it cannot be said that accused persons, including Dhawde, committed the act in Parbhani and Jalna as a member or on behalf of crime syndicate Abhinav Bharat.”

The court on Wednesday discharged Dhawde. The seven accused will now face trial for conspiracy under the Unlawful Activities (Prevention) Act, the maximum punishment under which is death or life imprisonment.

Parbhani and Jalna blasts case were registered on November 20, 2003 and August 27, 2004 respectively. Dhawde has been acquitted in both the cases.

The ATS had claimed that Dhawde had given arms training to several accused and some were part of the conspiracy in the 2008 case. The agency further said the 2008 blast was a handiwork of Abhinav Bharat, of which Dhawde was a member.