Malegaon Blast Case : 218 Witnesses Yet To Be Examined, Says NIA; Bombay High Court Seeks Fortnightly Report On Progress Of Trial

A division bench of Justices Revati Mohite Dere and V G Bisht further asked the NIA to keep at least two witnesses present for examination each hearing and suggested bailable warrants be issued against witnesses who don't appear.

Apart from that, the court directed the agency to submit the case diary or Roznama (record of the day's proceedings) for the last entire month on August 1, 2022.

The court was hearing a 2018 petition filed by accused Sameer Kulkarni alleging deliberate protraction of the trial by certain accused and the NIA.

Last month the HC had sought a status report from the NIA as well as the court. A dedicated court has been assigned only to hear this case on a day to day basis.

On Wednesday, the NIA submitted its report in which it said that out of 495 witnesses, 256 witnesses have been examined so far. Moreover, 218 witnesses are yet to be examined.

While 21 witnesses have demised, three witnesses were being dropped by the agency. After a new Judge took over on June 6, 2022, over 12 witnesses have been examined.

"We deem it appropriate to call for a fortnightly report from the special NIA court judge to specify the progress of the trial in the case," the bench directed.

"The NIA shall also submit the Roznama of the court of the last one month so we know who is delaying the trial, who is cooperating and who is not," the court said.

Justice Bisht also said that bailable warrants could be issued if witnesses fail to remain present.

"You (NIA) will have to summon more than one witness. Look at the time wastage if that one witness does not turn up. You will have to make arrangements to ensure that at least two witnesses are present," the court said.

According to Kulkarni, initially the trial was to be completed by December 2020 and later the date was extended till October 2021.

The court said that there may have been a delay because of covid-19 restrictions, as well and posted the case for further hearing on August 1.

Six persons were killed and around 100 injured when an explosive device strapped to a golden LML Freedom motorcycle went off near a mosque in Malegaon, a town in north Maharashtra, on September 29, 2008.

While the case was initially investigated by the ATS, the NIA took over investigations and considerably watered down the charges against the accused.

Thakur and Purohit have been charged with murder, voluntarily causing grievous hurt by dangerous weapons, promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony on him, relevant sections under The Arms Act, The Indian Explosive Substance Act, and Unlawful Activities Prevention Act.