Mumbai: The special NIA court while acquitting all seven accused in the 2008 Malegaon blast case has refused to believe the prosecution claim that the blast was a handiwork of right-wing extremist group Abhinav Bharat. The court noted that the government has not banned the organisation as a terror outfit.
The Maharashtra Anti-Terrorism Squad (ATS) had claimed that the accused persons were all members of Abhinav Bharat, which was an organised crime syndicate.
In a detailed 1036-page judgment, special judge A K Lahoti observed that the organisation has not been declared a terrorist organisation to date by the Central government, and “even the Abhinav Bharat Trust or sanstha or sanghatana or foundation is not a banned organisation”.
The prosecuting agency consistently used the term Abhinav Bharat, from the stage of remand through the final hearing, as a common reference or in common parlance.
Abhinav Bharat Not a Banned Organisation, Says Special NIA Court
“It is necessary to mention that Abhinav Bharat is not a banned organisation. Till today, it is not a banned organisation under the provisions of the Unlawful Activities (Prevention) Act,” the judgment noted. If the Central government is of the opinion that any association is or has become an unlawful association, it may be declared so by way of notification, it added.
Court Questions ATS Claim That Accused Were Part of a Terror Syndicate
The court said: “But nothing is brought on record till date to show that Abhinav Bharat Trust or Abhinav Bharat or Abhinav Bharat organisation is banned or declared unlawful by the Central government by way of any notification.”
Abhinav Bharat Trust was constituted in 2007 and was registered with the Pune Charity Office. Notably, its trust deed did not mention anything wrong or illegal in its objectives. As per the trust deed, the objectives of the Abhinav Bharat Trust were to create patriotism and religious activities, the court remarked.
“The objectives mentioned in it (trust deed) are legal. Moreover, there is no evidence to show that the accused, Pragya Singh Thakur, Sameer Kulkarni and Sudhakar Chaturvedi were members of the Abhinav Bharat Trust,” the court emphasised.
1036-Page Verdict Clears Accused of Terror Conspiracy for Hindu Rashtra
According to the prosecution, Purohit floated Abhinav Bharat in 2007 with the intention to propagate a separate Hindu Rashtra, with its own Constitution, as the members of the outfit were dissatisfied with the Indian Constitution.
It alleged that the accused persons, who were all members of the group, entered into a criminal conspiracy between January and September 2008 to carry out a blast in Malegaon to strike terror in the minds of people, cause communal rift and to overawe the government. The objective of the accused persons was to turn India into a Hindu Rashtra called "Aryawrat", the prosecution had claimed.
However, the court junked the theory noting that the prosecution failed to prove that the Abhinav Bharat Trust was constituted for Hindu Rashtra and to change the Constitution of India.
No Proof of Funds Being Used for Terror Activities
The prosecution also could not prove that funds amounting to Rs 21 lakh, allegedly collected by Abhinav Bharat, were used by the accused to purchase arms, ammunition and for other activities to carry out terrorist acts or illegal activities.
