Mumbai: The 2008 Malegaon blast that killed six people and left over 100 injured was carried out with the intention to create communal rift and endanger internal security of the state, the prosecution said while making its final arguments in the case.
The final arguments in the case, in which seven accused, including former BJP MP Pragya Thakur and Lieutenant Colonel Prasad Purohit, are facing trial, began on Thursday, almost 16 years after the incident.
On September 29, 2008, a bomb explosion at 9:35 pm opposite Shakil Goods Transport Company situated between Anjuman Chowk and Bhiku Chowk in Malegaon killed six persons and injured 101.
As per the prosecution, the blast was triggered by an improvised explosive device fitted to a motorcycle (allegedly belonging to former Bhopal MP Pragya Thakur).
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NIA joins Bhiwani-Prayagraj Express derailment attempt probe, surveys site in Kanpur An NIA team has joined the ongoing probe in Kanpur where a major train accident was averted by a loco pilot who brought the Bhiwani-Prayagraj Express to a screeching halt after it hit an LPG cylinder on the tracks on Sunday night, police said. According to the police, bottles of petrol and matchboxes were also found at the site hinting at a sabotage bid, the reason why a high-level team from the National Investigation Agency (NIA) has been rushed in to join the investigations. "A team from the NIA, led by a woman IPS officer of the 2012 batch has started investigating the site where the LPG cylinder was found placed on the railway tracks," a senior police officer told PTI from Kanpur. "The NIA officials have started gathering details about the incident. They are also undertaking a survey of the entire area around the railway tracks (where the LPG cylinder was found)," Deputy Commissioner of Police (West) Rajesh Kumar Singh said. ADG Railways has also arrived, a police official confirmed. "The NIA officials... asked the police to make a survey of railway tracks in the large areas believing it might be helpful in getting breakthrough into the case," he added. "A detailed press note will be issued from Delhi," an officer at the NIA control room said, when he was approached to share details of the ongoing investigations into the incident that occurred around 8.20 pm on Sunday. An FIR has been registered and teams have been formed by multiple agencies including Uttar Pradesh's Anti-Terrorist Squad (ATS) and the NIA to probe the matter, officials said. The Kanpur Police has detained six people, including two local history-sheeters, in connection with the case and decided to form a Special Investigation Team, they said, adding it will also study if there are any similarities with the recent Sabarmati Express derailment in Kanpur. "An attempt was made to derail the Kalindi Express by placing the LPG cylinder on the tracks," the police said. Additional Commissioner of Police (Law and Order) Harish Chander said 4-5 grams of explosive powder apart from a bottle filled with petrol and a wick, matchboxes and an LPG cylinder which was placed on the tracks to derail the train have been recovered. He said the loco pilot saw that the LPG cylinder was placed on the tracks and applied emergency brakes. However, before it came to a halt, the train hit the cylinder, knocking it off the tracks, Chander said, adding the loco pilot informed the guard and the gateman about it. The train remained at the incident site for about 20 minutes and was again stopped at the Bilhaur station for a check, the Additional CP said. Efforts were being made to identify the culprits and they will be dealt with sternly, he said. The Railways lodged an FIR at Shivrajpur against unidentified persons, saying placing of an LPG cylinder on the tracks along with a bottle filled with petrol and a wick suggests a possible sabotage bid. A senior officer said the FIR has been lodged against "unidentified" accused under Bharatiya Nyaya Sanhita sections 287 (negligent conduct with respect to fire or combustible matter), 125 (act endangering life or personal safety of others) and under provisions of the Explosives Act, 1884 and Railways Act. Top officials have formed five teams to investigate the matter. "As many as six persons, including two local history-sheeters, were detained on Monday for questioning in connection with the incident," DCP Singh said. The Kanpur Police has also decided to form an SIT, to be headed by a senior rank official, to investigate the matter. The police will study if there are any similarities in pattern and modus operandi of the recent Sabarmati Express derailment that took place about 20 days ago in the Panki area here, an officer said. Twenty coaches of the Ahmedabad-bound Sabarmati Express passenger train had derailed near Govindpuri station in Kanpur after the engine hit an object placed on the track. Officials had said agencies were investigating the possible involvement of anti-social elements in the incident. UP Director General of Police Prashant Kumar said, "All our senior officers have visited the spot and we are looking into things seriously. Whatever facts come to light, we will inform the media about them." On a question about the ATS also reaching the spot in Kanpur, the DGP said, "We will look into all the aspects and it is not possible to say anything on this without a full investigation." It has also been decided to look for "Jamatis (members of Islamic groups) in the vicinity and question them," an official source said. ATS' Inspector General of Police (IGP) Nilabja Chowdhry said the investigators will "look into every aspect" of the incident under their probe. ACP Chander said forensic experts examined the explosive powder and will suggest as to which central laboratory should be roped in for the forensic examinations. "It is too early to reach conclusions whether or not the terror groups are behind the conspiracy as police couldn't rule out any possibility," he said. The modus operandi behind an abortive attempt to derail the train showed it was an act of an "unskilled" person and it could be an insider's job too, said an official, requesting anonymity. "We also sought mobile towers' data (call detailed records containing subscribers' information) for the last six days, believing it will help police in cracking the case but several mobile service providers failed to provide it," the official added.
The trial against one accused- Sameer Kulkarni has been stayed by the Supreme Court. The other accused in the case, apart from Thakur and Purohit, are Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi and Sudhakar Chaturvedi. All are facing trial under the provisions of Unlawful Activities Prevention Act (UAPA) and Indian Penal Code (IPC).
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“It was the holy month of Ramzan and the Navratri Utsav was to commence. The blasts were caused by the conspirators with an intention to terrorize people, causing loss of life and property. It was carried out with an intention to disrupt supplies and services essential to the community to create communal rift, and to endanger internal security of the state,” the National Investigation Agency (NIA), represented by special public prosecutor Avinash Rasal and Anushree Rasal, submitted.
The case was initially probed by the Maharashtra Anti Terrorism Squad (ATS) before being handed over to the NIA, a central agency.
In the final argument, the prosecution cited the ATS probe, which claimed accused Purohit had brought RDX with him from Kashmir after completing his posting there and had kept it in his house.
The ATS probe revealed traces of RDX in the Nashik house of accused Sudhakar Chaturvedi, where the bomb was assembled, and Thakur provided her motorcycle for causing the bomb blast with full knowledge, the NIA’s final argument mentioned.
The NIA, after taking over the probe, filed a chargesheet in 2016, in which it gave clean chit to Thakur and three other accused- Shyam Sahu, Praveen Takalki and Shivnarayan Kalsangra saying it had found no evidence against them and had sought that they be discharged from the case.
The NIA court, however, absolved only Sahu, Kalsangra and Takalki and ruled that Thakur will have to face trial.
At the time, the special court had dropped charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against the accused.
The special court had, on October 30, 2018, framed charges against seven accused under UAPA and IPC.
The accused are facing trial under sections 16 (committing terrorist act) and 18 (conspiring to commit terrorist act) of the UAPA and under IPC sections 120 (b) (criminal conspiracy), 302 (murder), 307 (attempt to murder), 324 (voluntarily causing hurt) and 153 (a) (promoting enmity between two religious groups).
After the framing of charges, the trial in the case began in 2018 with examination of the first witness. Recording of testimonies of prosecution witnesses was completed in September last year.
The final arguments will continue on Friday.