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Court Acquits Pragya Thakur, Others in Malegaon Blast; Says Suspicion Not Proof
Mumbai:
Seventeen years after a deadly bomb blast shook Maharashtra’s Malegaon, killing six people and injuring over a hundred, a special court in Mumbai has acquitted all seven individuals accused in the case. Among those cleared of charges are former BJP MP Pragya Thakur and ex-Army officer Lt Col Prasad Shrikant Purohit.
The blast took place on the night of September 29, 2008, near Bhikku Chowk in a communally sensitive town about 200 kilometers from Mumbai, during the holy month of Ramzan.
Special Judge A.K. Lahoti, who was presiding over the case under the National Investigation Agency (NIA), stated today that the prosecution failed to substantiate the allegations against the accused. The court concluded that all seven individuals were entitled to the benefit of the doubt. Judge Lahoti noted that the prosecution could not establish that the motorcycle used in the explosion belonged to Pragya Thakur, citing that the engine number was illegible and the chassis number had been tampered with.
The Seven Accused in the Case
Seven individuals were eventually brought to trial in connection with the case:
- Sadhvi Pragya Singh Thakur – Former BJP Member of Parliament from Bhopal.
- Lt. Col. Prasad Shrikant Purohit – Serving officer with Military Intelligence at the time.
- Major (Retd) Ramesh Upadhyay
- Ajay Rahirkar
- Sudhakar Dwivedi
- Sudhakar Chaturvedi
- Sameer Kulkarni
They were charged under the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC). The charges included criminal conspiracy, murder, attempted murder, promoting enmity between groups, and voluntarily causing hurt.
The Verdict
All seven accused were out on bail.
The investigation was initially conducted by the Maharashtra Anti-Terrorism Squad (ATS), which was then led by Hemant Karkare—who was later killed during the 26/11 Mumbai terror attacks.
The ATS made its first arrests in October 2008. The breakthrough came when investigators traced the motorcycle allegedly used in the blast to Pragya Thakur. Authorities claimed she had lent the vehicle to the conspirators and alleged that she was part of a group that included former military personnel and members of a little-known radical organization called Abhinav Bharat.
n its verdict today, the court stated that while the prosecution successfully proved that a blast occurred, the National Investigation Agency (NIA) failed to demonstrate that the bomb was planted in the motorcycle.
The court noted that although there are claims RDX was used in the explosion, there is no evidence that it was stored at Lt Col Purohit’s residence or that he assembled the bomb. It also found no proof that the motorcycle involved belonged to Pragya Thakur.
The court observed inconsistencies in the medical certificates and documentation concerning the custody and treatment of some of the accused, citing instances of possible “manipulation.” It reiterated that “suspicion is not sufficient ground for conviction” and emphasized that the benefit of the doubt must go to the accused.
All seven accused were present in court for the verdict. Reacting to the judgment, BJP leader Pragya Thakur said the case had devastated her life. “God will punish those who are truly guilty,” she stated.
“I’ve said from the beginning that there must be a legitimate basis for calling someone in for investigation,” she added. “I was summoned, arrested, and subjected to torture. My life as a Sanyasi was turned upside down—I was branded an accused, and few stood by me. The only reason I survived was because of my spiritual path.
Pragya Thakur’s legal team argued that the motorcycle linked to the blast had been sold years prior to the incident, asserting that her arrest was based on fabricated evidence.
Lt Col Purohit’s defence maintained that he was working as a military intelligence officer who had infiltrated the Abhinav Bharat organisation and was regularly reporting to his superiors. His lawyers pointed out inconsistencies in witness testimonies and alleged multiple procedural lapses during the investigation.
Other co-accused, including Upadhyay and Kulkarni, claimed they were subjected to custodial torture by the Anti-Terrorism Squad (ATS) and alleged that their statements were extracted under duress.
The Investigation
In April 2011, the UPA-led central government handed over the case to the National Investigation Agency (NIA). In 2016, the NIA dropped charges under the Maharashtra Control of Organised Crime Act (MCOCA) due to a lack of sufficient evidence. However, charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC) remained against the remaining seven accused.
In its supplementary chargesheet, the NIA recommended dropping charges against Pragya Thakur. However, the special NIA court rejected this request, stating that there was enough evidence to proceed with a trial against her. The formal trial began in 2018.
Over the course of the 7-year trial, the prosecution examined 323 witnesses, while the defence presented eight. Nearly 40 of the prosecution’s witnesses turned hostile. The case involved more than 10,800 documents as evidence. Written submissions from both sides filled three volumes, totaling over 1,300 pages.
Five judges presided over the trial during its duration. Judge Lahoti assumed charge in 2023 and reserved the final verdict on April 19, following several months of closing arguments.
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