MUMBAI: Unani doctor, Farogh Makhdoomi, an accused in the 2006 Malegaon serial bombings, filed an application before the special NIA court seeking discharge. Dr Makhdoomi, who spent five and a half years before being released on bail in November 2011, was shown as a conspirator in the case.
He was one of the nine Muslim youth to be arrested by the Anti-Terrorism Squad (ATS) on charges of conspiring during the blasts. In his application, he pointed out various contradictions in the chargesheets filed by state Anti-Terrorism Squad, CBI and now NIA, which is currently probing the case. NIA has filed a charge sheet in Mary this year against four right wing Hindu hardliners. Dr Makhdoomi stated in the application that he was falsely implicated in the case and the confessional statement, which is being used as vital piece of evidence against him, has not been taken at par by the NIA. The confessions were taken after torturing the accused, he added.
Dr Makhdoomi's application stated, "The supplementary chargesheet filed by the investigation agency, NIA, prima facie disclosed that the statements of all the witnesses recorded by ATS under section 161 of CrPc and under 164 of CrPc were obtained by compelling the witnesses under threat, duress, coercion and compulsion. This is false evidence collected by ATS to implicate the present applicants."
Seven Muslim accused have already filed applications for their discharge.
The defence lawyers told the court, "At the stage of discharge under section 227 of CrPc the judge has to apply his judicial mind to the material produced in the chargesheet which can never be taken as gospel truth and if two views are possible, the view favouring the accused should be adopted and if no sufficient grounds for proceeding against the accused are found, the accused should be discharged." The application was filed by advocate Shahid Nadeem Ansari, who is taking care of blast cases on behalf of Jamiat-ul-Ulama, an NGO providing free legal aid to accused.
Designated judge YD shinde adjourned the hearing till August 29. Internt Edition story, August 3, 2013