2008 Malegaon blast: Court rejects Major Upadhyay’s bail plea
Upadhyay said his organisation did not discuss bombing Malegaon during its meetingsmumbai Updated: Nov 12, 2016 19:20 IST
The special court set up to hear the 2008 Malegaon blast case rejected Major Ramesh Upadhyay’s bail plea on Saturday.
Upadhyay was booked for his role in hatching the conspiracy along with Lieutenant Colonel Prasad Purohit. The two were members of Abhinav Bharat, an extremist Hindu organisation. The National Investigation Agency (NIA), which probed the blast, alleged that Upadhyay attended meetings — during which the conspiracy was hatched — at Bhopal, Faridabad and other places.
“On January 25 and 26 in 2008, a secret meeting was held at Faridabad, during which Upadhyay accepted Purohit’s theory that a separate constitution and flag (bhagwa flag) were needed for a Hindu Rashtra. He participated in a discussion on the formation of a central Hindu government (Aryawart) against the Indian government and proposed to form this government in Israel or Thailand,” reads the charge sheet filed by the agency.
Upadhyay, in his bail plea, said recordings of the meetings showed that the organisation held only general discussions regarding the establishment of Abhinav Bharat. “These are aimless talks, sheer frustration expressed by the accused on society’s state of affairs, and utopian ideas, which could not have and have not been implemented in any manner,” reads the bail plea.
Upadhyay said the meetings did not involve discussions on bombing Malegaon. He also questioned the agency for not implicating Abhinav Bharat’s president and other members who attended these meetings.
Special public prosecutor Avinash Rasal objected to the bail plea. The prosecution contended that though the meetings did not involve explicit discussions on bombing Malegaon, the atrocities committed by Muslims were discussed.
Rasal contended that call data record (CDR) analysis of Upadhyay and Purohit’s mobile phones showed that the two were in contact. He said Abhinav Bharat’s earlier president and other executive members withdrew their membership from the organisation owing to Purohit’s activities.
Considering the prosecution’s case and evidence presented by the anti terrorism squad (ATS) and NIA, the special court refused to grant bail to Upadhyay.