special court questions NIA clean-chit to Sadhvi Pragya, rejects her bail application

COMING down heavily at the country wide investigation company (NIA) for now not investigating the function of Sadhvi Pragya Singh Thakur inside the 2008 Malegaon blasts case and recording once more the statements of witnesses recorded by means of the Maharashtra Anti-Terrorism Squad (ATS), a special court Tuesday discovered there had been affordable grounds to consider that the costs in opposition to her have been prima facie genuine and rejected her bail plea.
In its chargesheet, the NIA had said there has been no case made out in opposition to Sadhvi Pragya.
Seven humans were killed within the blast at Malegaon on September 29, 2008. Sadhvi Pragya was charged in 2009 with the aid of the ATS which stated it was her bike that turned into used to plant the bomb.
On Tuesday, special judge S D Tekale stated Sadhvi Pragya “can not keep away from her connection with the motorcycle” registered in her call and used inside the blast.
2008 Malegaon blasts case: NIA court rejects Sadhvi Pragya Singh’s bail plea2008 Malegaon blasts case: NIA court docket refuses bail to Sadhvi Pragya Singh Thakur2008 Malegaon blast: Maharashtra special sourt admits plea opposing bail to Sadhvi PragyaCourt refuses bail to Sadhvi Pragya in Malegaon blast caseHC denies bail to Malegaon accusedHC reserves order on bail of Sadhvi in Malegaon blast case
The NIA and the ATS each agreed that the LML Freedom motorcycle used inside the blast become registered in her name. however in its supplementary chargesheet on might also 13, the NIA said the motorbike changed into within the possession of absconding accused Ramchandra Kalsangra, and become being utilized by him lengthy before the blast.
The court docket dominated that at this prima facie degree, the truth of the ownership of the motorcycle can’t be omitted.
in keeping with the order, a witness announcement suggests that Sadhvi Pragya knew of Kalsangra’s role within the blast. “…applicant made inquiry with Ramji as to how there had been less casualties though her car became used for inflicting blast and then Ramji said the motive.” This, the judge said, turned into evidence of Thakur’s “complicity” with Kalsangra in executing the blast.
judge Tekale observed that even though objections have been raised on relying on this assertion of the witness considering the fact that he had stated in an Indore court that he changed into detained and tortured by the ATS, his statement, however, changed into relied upon by the trial court and the Bombay high court docket once they rejected Sadhvi Pragya’s bail on previous events.
The judge also rejected grounds of unwell-fitness and incarceration for over seven years as motives for granting bail. The courtroom stated those grounds had been raised in the course of previous bail pleas however had been rejected.
The courtroom relied on the ATS research although the NIA chargesheet had called it “dubious”.
“…considering each the reviews, that is record of NIA in addition to ATS, it cannot be stated that because of filing of similarly record by using NIA, there may be any alternate within the condition in order to say that there’s no affordable ground for believing that accusation against the applicant is prima facie genuine,” the order stated.
Sadhvi Pragya’s bail plea, it stated, can not be general merely at the floor that the NIA had given its no-objection to grant of bail.
She is presently lodged in a medical institution in Madhya Pradesh in which she is in judicial custody in reference to the Sunil Joshi murder case. Her brother-in-law, Bhagwan Jha, gift within the courtroom in Mumbai, stated an appeal towards the rejection of bail via the unique court would be filed. The NIA’s no-objection to the bail utility filed by way of Sadhvi Pragya, he stated, had raised the family’s hopes that she might be granted bail.
Tuesday’s order can also affect hearings of bail packages filed by way of different accused within the case, along with Praveen Takkalki who become additionally given a similar smooth-chit through the NIA in its chargesheet.
The court’s reliance on confessional statements in thinking about deserves of the bail software regardless of the NIA contention that the MCOCA fee does now not practice inside the case can also affect the opposite accused. In its chargesheet, the NIA had discarded the ATS evidence, claiming that confessional statements can’t be used because prices under MCOCA had been dropped.
The proof in opposition to Sadhvi Pragya in those statements consists of one of the accused stating that she had asked accused Prasad Purohit to provide explosives, and that RDX become exceeded over to Ramchandra Kalsangra and Sandeep Dange, “Pragya’s men”, who completed the blast in Malegaon.