[Malegaon Blast] “Neither She Is Present Nor Original Medical Certificate Produced”: NIA Court Issues Bailable Warrant Against BJP MP Pragya Thakur

The Special NIA Court on Monday issued a bailable warrant against BJP MP Pragya Singh Thakur for her repeated absence in Malegaon Blast Case of 2008 and rejected exemption application.

“It was specifically directed that the accused no.1 to remain present on 11.03.2024 along with medical certificate, considering her last application. Despite of aforesaid directions neither she is present nor the original medical certificate is produced on record. Therefore, I am not inclined to allow the present application.”

Accordingly the court issued a bailable warrant of Rs.10,000/- against her, returnable on March 20, 2024.

Earlier, the court granted Thakur's plea for exemption for the day on medical grounds and warning of "necessary steps" if she fails to appear from February 27, 2024.

Thakur, along with eleven others, is facing trial in the case under various sections of IPC, Unlawful Activities Prevention Act (UAPA), Explosive Substances Act, Indian Arms Act, and Maharashtra Control of Organised Crime Act. The court is currently recording statements of the accused under Section 313 of CrPC.

On the earlier date, the court noted that Thakur and some other accused have not been attending the court regularly on the fixed date. The court highlighted that some accused, including Thakur, who are residents of other states, have cited difficulty in obtaining tickets at the last minute as a reason for their absence.

It had pointed out that dates for appearances are given in advance to all accused to address this issue, eliminating the grounds for exemption on such grounds. The court considered Thakur's plea for exemption on medical grounds for the day due to ongoing medication but directed her to be present from February 27 onwards without fail.

Further, the court emphasized that all accused must remain present on the fixed dates assigned to them until the completion of the recording of their statements. It highlighted that staying in Mumbai and seeking medication in the city in case of ill health is a feasible option for the accused.

“It is also necessary to mention that all the accused to remain present on the fixed dates given to them till completion of statement under Section 313 of Cr.P.C. Needless to say that, for this purpose, they could stay at Mumbai and if there is ill- health, they could get medication at Mumbai also”, the court had said.

On Monday SPP Avinash Rasal and Anushree Rasal for NIA were present and Advocate Prashant Maggu appeared for Thakur. He sought exemption citing medical reasons. However, the court wasn't convinced and issued a bailable warrant against her instead.

Several other lawyers appeared for other accused and were granted exemption.

The Malegaon blast, which occurred on September 29, 2008, resulted in six fatalities and over 100 injuries when an explosive device attached to a motorcycle detonated near a mosque in the town of Malegaon, located approximately 200 km from Mumbai in north Maharashtra.

Initially investigated by the Maharashtra Anti-Terrorism Squad, the case was later transferred to the NIA in 2011. Pragya Singh Thakur, who is currently serving as a BJP Member of Parliament from Bhopal, is among the accused in the case.

Case no. – Spl. Case 100001/2016

Case Title – National Investigation Agency v. Pragyasingh Chandrapalsingh Thakur and Ors