MUMBAI: The 11/7 case is not the first time ATS’s methods and conclusions have faced judicial scrutiny. In 2016, a special NIA court discharged 8 Muslim men who were labelled “terror accused” by ATS in 2006 Malegaon serial blasts case. The presiding judge stated that these individuals, due to prior criminal records, were made scapegoats by ATS.The credibility of ATS investigations faces another test next week with the impending verdict in 2008 Malegaon blast case; that killed 6 people and injured 100. Here, ATS named and arrested a dozen individuals. But NIA in its own probe in 2016 provided a clean chit to six accused, including ex-BJP MP Pragya Singh Thakur.Despite NIA’s findings, ATS’ original investigation largely prevailed, with NIA court ruling Thakur would indeed stand trial. However, the judge dropped charges invoked under MCOCA, charges initially applied by ATS but later revoked by NIA in its 2016 chargesheet. The NIA told court that during its investigation, “it was established no offence under MCOCA was attracted and hence confessional statements recorded by ATS under the Act were not relied upon.” Notably, NIA in its 2016 chargesheet accused ATS of planting RDX traces to frame accused Lt Col Prasad Purohit. While NIA let off Thakur and five others citing insufficient evidence, the judge refused to grant Thakur’s plea for discharge. Over 30 witnesses turned hostile.The history of probe into the 2006 Malegaon blasts further shows the pattern of judicial intervention. On Sept 8, 2006, 31 people died and 312 were hurt in 4 blasts in Malegaon. ATS held 9 Muslim men, alleging they belonged to SIMI. In Dec 2006, it filed a 4,500-page chargesheet. But the case was handed over to CBI the same day after complaints from Malegaon residents that the nine were framed.In 2011, the case was transferred to NIA after the CBI team indicated the role of right-wing outfits. On Nov 5, 2011, the special MCOCA court granted bail to the 9 accused. While 7 were released on bail, 2 remained in jail due to their alleged role in the 11/7 blasts. In 2016, eight accused were discharged, and charges against one who died in 2015 were abated. Proceedings continued against four other accused, against whom NIA filed a chargesheet in 2013.In the discharge order, special judge VV Patil stated that while ATS officers had no animosity with the accused, “as they discharged their public duty but in a wrong way, they may not be blamed for it.” The judge expressed doubt that “it seemed highly impossible that the accused, who are from the Muslim community, would have decided to kill their own people to create disharmony in two communities, that too on a holy day of Shab-e-baraat.” The judge further referenced NIA findings, which revealed an ATS witness, who previously claimed to have seen bomb preparation, retracted his statement, asserting it was taken under duress.
