




(Pics L to R) Hemant Karkare, the former ATS chief who led the Malegaon blast investigation, the blast site, Sadhvi Pragya Singh Thakur being taken to a court in Mumbai, residents in Malegaon protesting the blast, Shankaracharya Swami Dayanand Pandey and lieutenant colonel Prasad Shrikant Purohit's pic, Swami Dayanand Pandey
Eleven suspects including Indian army's first serving lieutenant colonel, army's retired major, a Shankar Acharya and a Sadhvi have been nailed for the Malegaon blast. Currently in judical custody, all the suspects are facing the charges under various sections of the stringent law, Maharashtra Control of Organised Crime Act. It was invoked on the case on November 20, 2008
Case history:
What: A bomb blast
Where: Bhikku Chowk, Malegaon
When: 9.35 pm on September 29, 2008
Ocassion: Two days prior to Eid in Ramzan
Killed: Six including an 11-year-old girl
Injured: 101 persons
Investigating agency: The Anti-Terrorism Squad
(ATS)
Bomb contained: RDX, ammonium nitrate, oil fuel, shrapnel, nut and bolts
Total arrested: 11
Who are they? Members of Hindu hardliners' outfits, Abhinav Bharat, Jai Vande Matram Jan Kalyan Samiti, Hindu Rashtra Sena etc
CHARGESHEET
Accused: 11
Wanted: 3 (Ramji Kalangsara, Sandeep Dange, Pravin Mutalik)
Injured: 101
Confessional statements: 2
Pages in the chargesheet: 4,528 (filed on January 20, 2009)
EVIDENCE
* The bike used in the blast, is said to have been once owned by Sadhvi Pragya
* Recorded conversation between Lt Col Prasad Purohit and retired Major Ramesh Upadhyaya. They talk of escape plan, in case they were caught
* Traces of RDX found in Sudhakar Chaturvedi's house
* SMS messages sent from Purohit’s phone to Upadhyaya
* Two important confession statements made in the presence of a magistrate
* 431 witnesses, of which five are army officers
* 12 written witness statements
* A laptop seized from Dayanand Pandey containing key video files and other valuable evidence
CHARGES
The accused have been booked under the Indian Penal Code for crimes such as murder under Section 302, attempt to murder under Section 307 and conspiracy under Section 120-B
They have been slapped with provisions of Unlawful Activities Prevention Act for trying to “overawe the government’’ and “threatening the unity and integrity of the nation’’, under the Explosives Act for use of RDX to engineer the blast, and the MCOCA for being members of an organised crime syndicate
WHY MCOCA?
The Maharashtra Control of Organised Crime Act (MCOCA) is a stringent piece of legislation that allows the police to hold the accused in custody for a long period of time. Unlike ordinary laws, it allows confessions given to senior police officials to be used as evidence.
LAWYERS INVOLVED
The state will be represented by special prosecutor Rohini Salian
The 11 accused have a battery of lawyers including Mahesh Jethmalani and Shrikant Shivade. Other lawyers for the accused include Avinash Bhide, Ganesh Sowani and Naveen Chomal
Behind Bars:
* Pragya Singh Thakur (38): A former member of Durga Vahini, BJP's women's wing. A masters degree holder in History, Thakur took Sanyas and became a Sadhvi in January 2007. Thakur's bike was used to plant bomb in Malegaon. She is accused of engineering the blast.
She was arrested on October 23.
* Shamlal Sahu (42): He is suspected to be one of the bomb planter. A commerce graduate from Christian College in Indore, Sahu has a mobile phone shop and also acted as a realty broker. According to Madhya Pradesh PWD minister, Kailash Vijayvargia, Sahu is a BJP member. Sahu is also accused of conspiring the bomb blast.
He was arrested on October 23.
* Shivnarayan Kalangasara Singh (36): A B Sc graduate from New Sciene college in Indore, Singh works as an electrician and is also an LIC agent. He has been termed as ``mechanical and electrical'' expert by the ATS. He is suspected to have assembled the timer device while making the bomb.
He was arrested on October 23.
* Sameer Kulkarni (32): A former member of Akhil Bharatya Vidyarthi Parishad (ABVP) who moved from Maharashtra to Bhopal a few years ago. He was emploeyed in a printing press and would distribute pamphletes and literature ``to educate Hindu youths'' about religion. He is supected to have brough the chemicals used in the bomb.
He was arrested on October 28.
* Retired major Ramesh Upadhyay (64): A resident of Akurdi in Pune, he worked in Military's intelliegence unit. Upadhyay is suspected to have provided training to the planters for assembling bombs and procuring the bomb material. He also headed BJP's ex servicemen's cell in Mumbai but was removed by the higher authorities.
He was arrested on October 28.
* Ajay Rahirkar (39): He was the treasurer of Abhinav Bharat and part of the fund raisers' group. He is a Pune resident and had paid Rs 2.5 lakh to Swami Dayanand Pandey prior to the blast.
He was arrested on November 2.
* Rakesh Dhawde (35): Dhawde has been booked in four bomb blasts cases too. They were Qadriya mosque blast in Jalna, Mohammediya mosque blast in Parbhani, another mosque blast at Porna and a bomb blast at a Bajrang Dal member, Laxman Rajkondwar's house on April 6, 2006. A Pune resident, Dhawde also arranged terror training for the Bajrang Dal members and collected weapons for training. He was a weapon consultant for Aamir Khan starrer movie, Mangal Pandey- The Rising.
He was arrested on November 2.
* Jagdish Mhatre (40): A habitual criminal and accused in murder and extortion cases in Kalyan and Thane, Mhatre resided at Dombivili at the time of his arrest. He had paid money to Dhawde to buy weapons.
He was arrested on November 2.
* Lt. Colonel Prasad Shrikant Purohit (37): He is accused of procuring the RDX used in the blast. Arranged and attended meetings, collectd funds and is a prime conspirator. He was posted at the Army Education Corpse Training Centre and College in Panchmadi, Madhya Pradesh where he was doing a course in Arabic at the time of his arrest.
He was arrested on November 5.
* Swami Dayanand Pandey alias Shankar Acharya alias Sukhakar Dwuvedi (40): He had asked Purohit to arrange for explosves for the Malegaon blast. He conducted meetings with the other accused. He ran two ashrams, one Kanpur and another in Jammu and Kashmir, prior to his arrest.
He was arrested on November 14.
* Sudhakar Chaturvedi (37): Originally a resident of Mirzapur in UP, Chaturvedi was picked up from Deolali where he stayed in a rented room. He is accused of conspiracy.
He was arrested on November.
Case was first registered at the Azad Nagar police station in Malegaon on September 29, 2008. Later, it was transferred to the ATS police station (CR No. 18/08) in Mumbai.
The accused are facing the following charges in this case.
* Sections of the Indian Penal Code302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous weapons or means), 327 (voluntarily causing hurt to extort property, or to constrain to an illegal to an act) and 153 (d).
* Sections 15, 18 and 23 of the Unlawful Activities (Prevention) Act, 1967 (UAPA)section 15 (Terrorist Act) : Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in India or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the Government in India or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act.
section 18 (Punishment for being member of a terrorist gang or organisation) : Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
23. (Enhanced Penalties):
(1) If any person with intent to aid any terrorist contravenes any provision of, or any rule made under the Explosives Act, 1884 or the Explosive Substances Act, 1908 or the Inflammable Substances Act, 1952 or the Arms Act, 1959, or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Any person who, with intent to aid any terrorist, attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub-section (1), shall be deemed to have contravened that provision under sub-section (1) and the provisions of that sub-section in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" therein shall be construed as a reference to "imprisonment for ten years''.
* Sections 3, 4 and 5 of the Explosive Substance Act3. Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 10 years or to caning, or to any two of such punishments.
Penalty for attempt to cause explosion, or for making or keeping explosives with intent to endanger life or property.
4. Any person who unlawfully and maliciously —
(a) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property; or
(b) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property, or to enable any other person by means thereof to endanger life or cause serious injury to property, shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 10 years or to caning, or to any two of such punishments.
Penalty for making or possessing explosives under suspicious circumstances.
5. Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 7 years or to caning, or to any two of such punishments.
* Sections 3, 7and 25 of the Arms Act
3. Licence for acquisition and possession of firearms and ammunition
(1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.
(2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section
(3), shall acquire, have in his possession or carry, at any time, more than three firearms :
Provided that a person who has in his possession more firearms than three at the commencement of hte Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit , within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of Section 21, with a licensed dealer, or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.
(3) Nothing contained in sub-sections (2) to (6) (both inclusive) of Section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arms or ammunition under sub0section (1) of that section.]
7. Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or prohibited ammunition No person shall---
(a) acquire, have in his possession or carry; or
(b) manufacture, sell, transfer, convert, repair, test or prove; or
(c) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof;
any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.
25. Punishment for certain offences
(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or
(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or
(d) brings into, or takes out of, indya ,any arms or ammunition f any class or discription in contravention of section 11,
shall be punishable with imprisonment for a tram with shall not be less than three years but with may extend to seven years and shall also be liable to fine.
(1-A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section seven shall be punishable with imprisonment for awith term witch shall not be less than five years but which may extend to ten years and shall also be liable to fine.
(1-AA) whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than fine years, but which may extend to imprisonment for life and shall also be liable to fine.
(1-AAA) whoever has in contravention of a notification issued under section 24-A in his possesssio n or in contravention of a notification issued under section 24-B carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than (three years,but which may extand to seven years) and shall also be liable to fine.
* Sections 3 (1) (i) and 3 (2) (3) (4) of the Maharashtra Control of Organised Crime Act (MCOCA)
section 3 (1) (i)- Punishment for organised crime (Whoever commits an offence of organised crime shall, (i) if such offence has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees one lakh)
section 3 (2) Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of an organised crime or any act preparatory to organised crime, shall be punishable with imprisonment for a term which shall be not less than five years but which may extend to imprisonment for life, and shall also be liable to a .fine, subject to a minimum of rupees five lakh.
(3) Whoever harbours or conceals or attempts to harbour or conceal, any member of an organised crime syndicate; shall be punishable, With imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to a, fine, subject to a minimum fine of rupees five lakh.
(4) Any person who is a member of an organised crime syndicate shall be punishable with imprisonment for a term which shall not be less, than five years but which may extend to imprisonment for life and shall also be liable to a fine, subject to a minimum fine of rupees five lakh.