NIA court acquits Pragya Thakur, Col Purohit, 5 others accused in 2008 Malegaon blast case

Mumbai: Seventeen years after the 2008 Malegaon blast that killed over half a dozen people and left at least 100 injured, an NIA court in Mumbai acquitted all seven accused in the case. 

Those acquitted included former BJP MP Pragya Thakur, Lt. Col. Prasad Purohit, Major (retd.) Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi and Sameer Kulkarni. Special Judge AK Lahoti pronounced the verdict.

The judgment, in this case, was reserved on April 19, 2025, after the trial was commenced in 2018.

Special Judge AK Lahoti said the prosecution failed to prove that the bike that exploded belonged to Pragya Thakur. It said the agency could not find any cogent material against her or any other accused.

About the planting of RDX found at co-accused Col. Purohit's residence, the court said there was no material on record about the storage of explosives. "Sketch of the room not made... Samples were contaminated," it said.

The court further stated that there is no evidence to suggest that Abhinav Bharat, an organisation founded by Thakur and Purohit, used its funds for terror activities.

The blast took place on September 29, 2008. An explosive device strapped to a motorcycle exploded near a mosque in the town, killing and injuring many who had gathered for prayers. The case was initially investigated by the Maharashtra Anti Terrorism Squad (ATS) under slain cop Hemant Karkare. It had filed a charge sheet in January 2009 against all 12 accused, including Thakur and Purohit, who were arrested months after the blast.

Karkare, who faced severe political heat for his investigation, was shot dead in the Mumbai terror attack on 26 November 2008. He was credited with solving the serial bombing cases in Thane, Vashi and Panvel, and led the investigation of the 2008 Malegaon blasts.

The ATS had alleged that Thakur and Purohit, along with other accused, hatched a conspiracy to take 'revenge' and 'terrorise' the Muslim community. It further stated that there were several 'conspiracy meetings' that took place in Bhopal, Indore and other places.

According to the original charge-sheet, Thakur had provided a motorcycle, which was used for executing the blast. The said motorcycle, the ATS said was registered in Thakur's name. The ATS levelled several charges including the stringent Maharashtra Control of Organized Crime Act (MCOCA) against all the accused.

However, the National Investigation Agency (NIA) took over the case in 2011. For the first five years, it had opposed Pragya Thakur for any relief she sought. But in a volte-face, it dropped all the charges against her in its 'supplementary charge-sheet' filed on May 13, 2016. But it maintained the version of the ATS against other accused and charge-sheeted them under several stringent acts, including the Unlawful Activities (Prevention) Act and the Explosive Substances Act.

Contrary to the ATS, the NIA charge-sheet stated that it could not find any crucial evidence against Thakur (also known as Sadhvi Pragya Thakur) and instead accused the ATS for 'torturing' witnesses to record their statements against her. The agency had also recommended dropping the charges of MCOCA against all 12 accused.

The NIA had filed its charge-sheet without informing its designated Special Public Prosecutor (SPP) Avinash Rasal. However, the special court had refused to discharge Thakur despite the NIA giving her a clean chit. It had been held that the ATS cannot neglect the incriminating material adduced against her.

(With LiveLaw inputs)