Mumbai: 11/7 case is not the first time ATS methods and conclusions have faced judicial inquiry. In 2016, the NIA court discharged 8 Muslim men with “terrorist accused” by ATS in the 2006 Malegaon serial blast case. The Presiding Judge said that these persons were made a scapegoat by the ATS due to former criminal records.The reliability of the ATS investigation faces another test next week with an imminent decision in the Malegaon blast case in 2008; It killed 6 people and injured 100. Here, the ATS named a dozen persons and arrested. But Nia provided a clean chit to six accused in her investigation in 2016, including former-BJP MP Pragya Singh Thakur.Despite the findings of the NIA, the basic investigation of the ATS was largely strong, Thakur will actually prosecute with the NIA court verdict. Although the judge abandoned the allegations under the Mcoca, initially implemented the allegations implemented by the ATS, but later canceled by the NIA to the 2016 charge sheet. The NIA told the court that during its investigation, “it was established that no crime under MCOCA was committed and hence the confessional statements recorded by the ATS by the ATS were not trusted.” In particular, the NIA in its 2016 charge sheet accused Lieutenant Colonel Prasad Purohit of putting an RDX mark to frame. While Nia left Thakur and five others citing insufficient evidence, the judge refused to file a petition of Thakur for discharge. More than 30 witnesses became hostile.The history of investigation into the 2006 Malegaon blasts reflects the pattern of judicial intervention. On September 8, 2006, 31 people were killed and 312 suffered an injury to 4 blasts in Malegaon. The ATS organized 9 Muslim men, alleging that they belonged to SIMI. In December 2006, it filed a 4,500-hit charge sheet. But the case was handed over to the CBI on the same day, which was implicated after the complaints of Malegaon residents that nine was implicated.In 2011, the case was transferred to the NIA after the CBI team indicated the role of right -wing organizations. On November 5, 2011, the Special MCOCA court granted bail to 9 accused. While 7 were released on bail, 2 remained in jail due to his alleged role in 11/7 blasts. In 2016, eight accused were discharged, and in 2015 the allegations against one who died. Action continued against four other accused, against which the NIA filed a charge sheet in 2013.In the discharge order, Special Judge VV Patil said that while the ATS authorities had no enmity with the accused, “as he had discharged his public duty, but incorrectly, he could not be blamed for it.” The judge expressed doubt that “it seemed very impossible that the accused, who belonged to the Muslim community, must have decided to kill his own people to create disagreement in two communities, that too on the holy day of Shab-e-Baaraat.“The judge further referred to the findings of the NIA, which revealed an ATS witness, who had earlier claimed to see the preparation of the bomb, withdrew his statement, stating that it was taken under the duras.
