17 years on, all seven accused acquitted in Malegaon blast case

Mumbai: A special National Investigation Agency (NIA) court on Thursday acquitted all seven accused in the 2008 Malegaon bomb blast case, former BJP MP Sadhvi Pragya Singh Thakur and Lt Col Prasad Purohit, citing lack of evidence. The blast, which occurred on September 29, 2008, around 9:25 pm in Malegaon, Maharashtra, killed six people and injured 101. The case has remained one of the most high-profile terror investigations in the country, marked by controversy, political debate, and has been under legal scrutiny.

Advocate Shahid Nadeem who represented the victims said they will file an independent appeal before the Bombay High Court after reviewing the judgement. ".. the victims continue to suffer from the trauma they experience, and the special NIA court's decision to grant the accused the benefit of the doubt indicates the agency's inability to prose cute effectively," Nadeem said.

Special Judge AK Lahoti, delivering the verdict, said the prosecution had “failed to prove the case” and that the accused “deserved the benefit of doubt.” “There has been a grave incident against society,” the judge noted, “but the court cannot convict merely on moral grounds.”


While acquitting Sadhvi Pragya Thakur, the court held there was no credible evidence to establish that she owned the motorcycle allegedly used in the blast. It also noted that she had renounced material possessions and adopted a spiritual life two years before the incident. "The serial number of the chassis was not completely recovered by the forensic experts and, therefore, the prosecution failed to prove that the bike belonged to her," the court observed. On Purohit, the court said that it found no proof that he sourced RDX or assembled the explosive.

The court also cleared the Hindu rightwing outfit Abhinav Bharat of any involvement, stating there was no evidence linking the group to terrorist activity. "There is no evidence that Abhinav Bharat was used for terror activity. Material witnesses have not supported the prosecution case. The prosecution has been unsuccessful in proving the meetings took place (for conspiracy)," the court said.

The case was initially probed by the Maharashtra Anti-Terrorism Squad (ATS), which named 11 accused and three absconders under the Maharashtra Control of Organised Crime Act (MCOCA), attributing the attack to Abhinav Bharat. In 2011, the probe was transferred to the NIA, which registered a fresh case under the Unlawful Activities (Prevention) Act (UAPA) and MCOCA. During its investigation, the agency flagged serious discrepancies in the ATS’s evidence, calling the earlier probe riddled with gaps and inconsistencies.

A supplementary chargesheet filed by the NIA in 2016 named ten individuals, including Purohit and Major Ramesh Upadhyaya. However, charges against Sadhvi Pragya and three others were dropped for lack of evidence. Over the course of the trial, 323 prosecution witnesses and eight defence witnesses were examined. The court reviewed more than 10,800 documents and 400 seized articles. Nearly 40 prosecution witnesses turned hostile.