Malegaon Blast Case| 'Pragya Thakur's Absence Hampering Trial': Court Asks NIA To Verify Her Medical Condition

A Special NIA Court in Mumbai has directed the National Investigation Agency to verify the health condition of BJP MP Pragya Singh Thakur, the prime accused in 2008 Malegaon blast case, in light of her continued absence from trial citing medical reasons.

Special Judge AK Lahoti observed that Thakur's continued absence is hampering the trial proceedings.

“The presence of accused no.1 is necessary to record her statement u/s 313 of Cr.P.C. Due to her absence, it is hampering the court proceeding…I am of the view that, verification of health condition report requires to call from NIA in order to verify the actual position / situation.”

However, the court allowed the exemption from appearance only for today.

Thakur filed an application, seeking exemption from appearance on health grounds. Thakur in the application stated that she has sought medical treatment in Bhopal, and the doctor has recommended bed rest, with a medical certificate annexed to the application.

NIA opposed the application, asserting that her illness plea has been considered on numerous occasions, however, due to her absence from Mumbai, the cause of her absence cannot be verified. NIA sought direction to the authorities in Bhopal to verify the situation and provide a report.

The court noted that recording of Thakur's statement under section 313 of the CrPC is ongoing and the scheduled dates were provided well in advance, taking into account the difficulties faced by some accused individuals, such as long-distance travel or unavailability of tickets at the last minute, as well as ill-health.

However, despite previous considerations for Thakur's ill-health, the court highlighted that she has been absent for a significant duration, except for one appearance on March 22, 2024. On that day, she was allowed to leave the court premises due to her physical and medical condition and did not return to record her statement before departing for Bhopal, the court noted.

The court agreed with NIA's argument regarding the verification of her health condition by the NIA unit in Bhopal. The court ordered the NIA Mumbai to correspond with their unit in Bhopal to verify Thakur's health condition and submit a report by April 8, 2024.

Earlier, the court had issued a bailable warrant owing to Thakur's repeated non-appearance in the matter. However, the court later cancelled the warrant considering her “ill health” after she appeared before the court.

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.

Thakur, along with six 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.

Case no. – Spl. Case 100001/2016

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