Court rejects NIA plea for in-camera trial in 2008 Malegaon blasts case

101 hurt Court cites need for transparency in trial as reason for rejecting the application

A special court hearing the 2008 Malegaon blasts’ case, involving Bharatiya Janata Party (BJP) MP Pragya Singh Thakur, on Tuesday rejected the National Investigating Agency’s (NIA) plea for an in-camera trial.

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The NIA had in August moved an application requesting the court to conduct an in-camera trial, whereby anyone who is not concerned with the case will not be allowed to enter court. Further, in an in-camera trial, publication of news related to the case is also restricted.

The NIA, in its plea, said the trial needed to be conducted in-camera as “unwarranted publicity needed to be avoided as it has the potential to damage communal harmony and eventually jeopardise the fairness of the trial”. While rejecting the plea, the court observed that the NIA has failed to put up a case.

“Till date, no application has been received by this court from anybody else on the point of threat. Therefore, it is not a fit case to conduct an in-camera trial. Conducting the trial in a transparent manner is one of the criteria to reject the prayer for an in-camera trial,” the court observed.

The court further observed that the agency failed to justify the delay in filing the application for an in-camera trial. The prosecution has already examined more than 100 witnesses in the case. The court meanwhile, imposed several conditions and restrictions for publication of articles. It has restrained publication of the name or any other details of identity of the witnesses.The court has restrained the media from conducting any debate, interviews, interactions with experts, until the end of trial.

Journalists will be required to submit affidavits in the court in case any interview of any witnesses is published or taken, with a copy of the original transcript.

The court said it would pass timely orders in case there is a need for in-camera proceedings.