2008 Malegaon blasts case: Will protect identities of 38 witnesses, NIA tells HC

The National Investigation Agency (NIA) on Friday informed the Bombay high court (HC) that it intends to protect 38 prosecution witnesses in the 2008 Malegaon blasts

The National Investigation Agency (NIA) on Friday informed the Bombay high court (HC) that it intends to protect 38 prosecution witnesses in the 2008 Malegaon blasts case by continuing to hide their identities from the accused.

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This statement came in response to a petition filed by Lt Col Prasad Purohit, one of the accused. Purohit had approached HC seeking clear, untruncated copies of the 199 witnesses’ statements, cited by the prosecution. He had moved HC after his plea was rejected by a trial court in November 2018.

Advocate Shrikant Shivade, representing Purohit, had pointed out that the prosecution had not only concealed identities of the witnesses, but most of their statements were also truncated, making it difficult for defence lawyers to cross-examine them.

Acting on the petition, the bench of justices Indrajit Mahanty and AM Badar had directed the NIA to state how many witnesses it wanted to protect and make an appropriate application to the trial court. Accordingly, advocate Sandesh Patil, representing the NIA, informed the bench on Friday that 38 witnesses were required to be protected. He conceded that uncensored copies of witnesses’ statements are required to be given to accused persons.

On September 29, 2008, a bomb exploded outside a religious shrine in which six persons were killed and about 100 others were injured. On October 23, 3008, the Maharashtra anti-terrorism squad (ATS) made its first arrest in the case by apprehending Sadhvi Pragya Singh Thakur, who is now an MP from Bhopal, and her two associates.

On January 20, 2009, the agency filed a charge sheet in the case after completing its investigation. Two months later, on April 1, 2011, the case was transferred to the NIA.