On September 29, 2008, six persons were killed and around 100 injured when an explosive strapped to a motorcycle went off near a mosque in Malegaon in northern Maharashtra.
The case was initially investigated by the Maharashtra anti-terrorism squad. In 2011, it was transferred to the National Investigation Agency. Seven people were arrested and charged under the Unlawful Activities Prevention Act and the Indian Penal Code.
They included a religious leader named Pragya Singh Thakur, who would later be elected to the Lok Sabha on a Bharatiya Janata Party ticket, and and army officer named Lt Col Prasad Purohit.
On July 31, after 17 years, a National Investigative Agency court exonerated all of them, citing cited an absence of “reliable and cogent evidence”.
In this 30th episode of the Yeh Dagh Dagh Ujala discussion series, author and peace activist Harsh Mander speaks to lawyer Mihir Desai and author Subash Gatade about the case.
Human rights lawyer Mihir Desai highlights many loopholes in the investigation, including the disappearance of statements made before a magistrate, the pressure exerted on the prosecution, including allegations by former public prosecutor Rohini Salian that she had been urged by senior National Investigative Agency officials to “go soft” on the accused, inconsistent witness testimonies and tampering of evidence as well as the blast site.
Author and journalist Subash Gatade, notes how important leads were never followed and raises concerns about how political narratives may have shaped the probe. He also draws connections to cases such as the Mecca Masjid, Samjhauta Express, and Ajmer blasts, where Hindu extremist groups were accused but cases eventually weakened.
The conversation underlines investigative lapses and institutional pressure resulted in coerced statements, investigatory negligence and how failure in due process not only denied closure to victims but also reignited the political debate of “saffron terror”.
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