In the 2008 Malegaon bomb blast case, apart from Sadhvi Pragya Singh Thakur and Lt Col Prasad Purohit, who alleged being tortured by the Anti terrorism Squad (ATS), certain prosecution witnesses (PW) have also alleged that they were tortured to name prominent right-wing leaders like Uttar Pradesh Chief Minister Yogi Adityanath in the case.
The special NIA court, in a detailed 1,036-page judgment that was made available on Friday, has cast serious doubts over the credibility of several witness statements recorded by the ATS. The court noted that some of these statements were extracted through coercion, rendering them inadmissible.
Court Flags Involuntary and Coerced Statements
Special NIA Judge A.K. Lahoti, while acquitting all seven accused on Thursday, held that the prosecution failed to produce cogent and reliable evidence to prove its case beyond reasonable doubt.
Testimony Points to Extended Illegal Detention
One such key witness, Milind Joshirao, told the court that the ATS had treated him like an accused while questioning him in October 2008. He said he was interrogated about Abhinav Bharat, the right-wing organisation allegedly linked to the blast, and a meeting at Raigad Fort where the accused had supposedly taken an oath to form a "Hindu Rashtra."
Court Says Statements Were Drafted by ATS
According to the judgment, Joshirao testified: “They (ATS officers) were telling him to take the names of Yogi Adityanath, Asimanand, Indresh Kumar, Devdhar, Pragya and Kakaji in his statement.” The court noted that the ATS officers assured him he would be let go if he complied.
Threats by Senior ATS Officers Alleged
When he refused, Joshirao claimed he was threatened with torture by then Deputy Commissioner of Police Shrirao and Assistant Commissioner of Police Param Bir Singh. The court held that Joshirao never made the statements attributed to him and that his so-called confession was written by ATS officers. “Considering his testimony, it clearly indicates that the statement was involuntary,” the court observed. “The statement raises doubts regarding its admissibility and authenticity as it was involuntary.”
During cross-examination, he testified that he had been interrogated by the ATS for 21 days and his statement was not read over to him at the time it was recorded.
Judgment Undermines ATS Probe Methods
The court noted that due to fear of torture, the witness said he could not gather the courage to file a complaint. “When the statement is given involuntarily without actual knowledge of facts… then nothing survives in such a statement. The contents of such statement cannot be relied upon even though [they] are being proved,” the court concluded.
The 2008 blast in Malegaon, Nashik, had claimed six lives and injured 101 people.
