By A Mirsab, TwoCircles.net,
Mumbai: In an attempt to trap National Investigation Agency (NIA) in the legal web, one of the victim of Malegaon 2008 blasts today filed protest application before special NIA court legally challenging the supplementary charge sheet filed by NIA exonerating six persons from the case including prime accused Sadhvi Pragra Thakur and revoking stringent MCOCA charges from the remaining 10 accused.
On May 13, the NIA filed supplementary chargesheet and provided clean chit to Sadhvi Pragya Singh Thakur , Shiv Narayan Kalsangra, Shyam Bhavarlal Sahu, Praveen Takkalki, Lokesh Sharma and Dhan Singh Choudhury. It also revoked MCOCA from the case saying its investigation did not find it fit for the case.
Advocate Sharif Shaikh today filed this application on behalf of Nisar Ahmad, 64, who had suffered severe injuries due to the bomb explosion that took place at Bhikku Chowk, Malegaon on September 29, 2008.
The special NIA judge S D Tekale has called for say from NIA and posted hearing of the application on June 10.
In his 14 page application, Ahmed said the perusal of supplementary charge sheet shows that it was filed under political influence, direction and without considering that the investigation officer has to only do the investigation and not to appreciate the evidence on record and the practice of NIA to re-record statement of witnesses u/s 164 CrPC whose statements were earlier recorded by ATS under the same section is illegal, contrary to law and without following due procedure.
He also said that after taking over investigation on April 13, 2011, the NIA recorded statements of witnesses till March 2012 and thereafter the investigation was standstill but after the change of government at center it started to re-record statement of same witnesses in 2015. Before this NIA would object bail application of all the accused including Sadhvi Pragya Thakur and several times their bail was rejected by courts as strong case existed against them.
“Till the time UPA government was in power, NIA opposed their bail applications, conducted and collected further investigation, but after coming new government of BJP, upon the direction of their superior, NIA is doing all their exercise only to contradict the investigation conducted by earlier agency and try to discredit the investigation carried out by earlier police officers including ATS chief Hemant Karkare,” he said in the application.
He also quoted wide reporting of previous Public Prosecutor Rohini Salian alleging NIA asked her to go soft in the case after the regime change at center.
He further alleged that NIA officer did not try to collect any additional evidence, which can assist the court for fair trial but on the contrary they put all their efforts and concentration only to contradict the earlier charge sheet filed by ATS with a sole purpose to dilute the said case against the selected accused.
He added that support of BJP leaders to Sadhvi Pragya Thakur is known to all and therefore NIA has filed present supplementary charge sheet going beyond its jurisdiction and declared ATS witnesses hostile even before the witnesses have deposed before court.
He also countered revoking of MCOCA and said once ATS charge sheet was before court and cognizance was already taken by court then it is the duty of court and not NIA to decide if MCOCA is applicable in the case or not.
Praying for discarding NIA’s charge sheet, Ahmed’s application reads, “That the overall supplementary charge sheet submitted by NIA, appears prepared by Government to help and facilitate the accused persons to come out from the jail as per wish of the political bosses”.
Speaking with TwoCircles.net Advocate Sharif Shaikh told, “We are going to strongly object NIA’s chargesheet as it is not in the furtherance of ATS investigation but is filed with malafide intention to assist accused”.
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