Amidst allegations of National Investigation Agency (NIA) going soft on right wing terror cases, the investigative agency today submitted the second supplementary report in the Malegaon blast case of 2008 in NIA Special Court at Greater Mumbai in Maharashtra.
Giving a clean chit to Sadhvi Pragya Thakur and watering down case against Col. Purohit, two of the top accused in Malegaon 2, the Maharashtra ATS, which had earlier filed a charge-sheet in the case, named 14 people as accused including Thakur and Purohit.
Why NIA gave a clean chit Sadhvi Pragya Thakur?
The decision not to charge Thakur, a former office-bearer of the ABVP, was taken because of the "weak evidence" against her and the fact that MCOCA charges had been dropped against the accused. NIA DG Sharad Kumar said, "There was insufficient evidence against Sadhvi Pragya."
"The only material evidence against her was the motorcycle on which the bomb was kept. This motorcycle was in her name but was being used by Ramchandra Kalsangra. Investigations have proved it was with him for two years prior to the blast."
Kalsangra and Sandeep Dange, both accused in Malegaon 2 were accused of planting bomb using Sadhvi's bike. On 29 September, there was a bomb explosion opposite Shakeel Goods Transport Company, between Anjuman Chowk and Bhiku Chowk, Malegaon, Maharashtra. The blast took place by an improvised explosive device fitted in a LML Freedom motorcycle killing six persons and injuring 101.
Witnesses U-turn helped Sadhvi get a clean chit. Yashpal Bhandana a key eyewitness first made statement indicting sadhvi for her role in Malegaon 2 but later retracted his statement saying he had made his first statement under duress. Another witness RP Singh also corroborated Bhandana's second statement, where he said he was never part of the meeting in which he alleged Sadhvi Pragya attended.
Why Col Purohit is an accused?
An army Major and Subedar alleged that an ATS officer was present in Col Purohit residence in Deolali two days before the swab sample. The ATS officer, and an Assistant Police Inspector was found reported to be in the premises, making the role of ATS suspicious, alleging that RDX may have been planted by the agency. While NIA is silent on the role of ATS officer, the theory of Col Purohit using that RDX became weak.
NIA recorded statements of 7 witnesses belonging to the army. Five of them senior ranking officers. Though Col. Purohit was in military intelligence, he participated in many active operations where RDX was recovered. ATS had alleged that some of this was taken by Purohit for subversive activity. However, the witnesses gave statement that the 70 kg explosive was accounted for. And was destroyed, clearing Purohit's name of whisking the RDX for subversive activity.
Charge against Col. purohit
He floated an organisation called Abhinav Bharat for creation of Hindu Rashtra in 2007. During formation of Abhinav Bharat, Purohit identified himself as a farmer and not a serving military officer. Soon the orginasation became radicalised, actively participating in discussions on malegaon. As a senior officer, NIA said that Col Purohit was in involved in (bomb making) activities which detrimental to security and integrity of the nation.
Some of these meetings of Abhinav Bharat were recorded and later recovered by investigators from laptop of Dayanand Pandey alias Sudhakhar Dwivedi. The voice samples of the accused, including Col. Purohit, matched during forensic examination.
After the first arrest of Sadhvi Pragya Thakur, Col Purohit, knew that he could be in trouble as investigators were closing in on him. So he floated a theory that he was infiltrating Abhinav Bharat. However his seniors in Military Intelligence denied any knowledge of this.
Phone intercepts submitted to the court is also an important piece of evidence which nails the accused Colonel.
Why MCOCA was dropped?
The decision to drop MCOCA charges against the accused was taken since the application itself was flawed. Sources said only one accused, Rakesh Dhawde, qualified to be charged under the law which requires that the accused must have at least two chargesheets against him, and proof that the crime was committed for pecuniary gains. "All others were charged for association. Even the two chargesheets against Dhawde were an afterthought. He was arrested in November 2008 for his involvement in the 2003 Parbhani blast and 2004 Jalna blast. The day after his arrest, he was chargesheeted. This was used as justification for slapping MCOCA," the officer said.
While NIA believes Unlawful Activities (Prevention) Act is enough to deal with the accused.
While there are many loopholes in investigations. How Rakesh Dhawde met Col Purohit, and how a right wing terror syndicate worked is something the agency has not been able to work at. With passage of time, the terror trail or even how RDX was procured is something NIA is in the dark about.
While the agency has denied making any references to Hemant Karkare probe, the NIA says that it informed court of shortcoming in ATS investigative procedures.