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Day after Amit Shah says ‘Hindus can’t be terrorists’, Mumbai court acquits 2008 Malegaon blast case accused

The court's observation comes a day after Union Home Minister Amit Shah declared in the Rajya Sabha that no Hindu can ever be a terrorist.

Published Jul 31, 2025 | 1:58 PMUpdated Jul 31, 2025 | 2:29 PM

Pragya Thakur and file image of Malegaon blast.

Synopsis: A special court in Mumbai acquitted all seven accused, including former BJP MP Pragya Thakur, in the infamous 2008 Malegaon Bomb Blast case. The judgement was reserved on 19 April this year, almost five years after the trial commenced in 2018. 

A special court in Mumbai on Thursday, 31 July, acquitted all seven accused, including former BJP MP Pragya Thakur, in the infamous 2008 Malegaon bomb blast case in Maharashtra.

“Terrorism has no religion as no religion advocates violence… Judgements cannot be based on morals and public perception,” said Special Judge AK Lahoti, reported LiveLaw.

The court’s observation comes a day after Union Home Minister Amit Shah declared in the Rajya Sabha that no Hindu can ever be a terrorist.

The judgement was reserved on 19 April this year, almost five years after the trial commenced in 2018.

The trial in this case was conducted against Thakur and six others: Lieutenant Colonel Prasad Purohit, Major (retd.) Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi and Sameer Kulkarni.

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Failed to prove charges

The Court said that the prosecution failed to prove that the bike that exploded belonged to Thakur.

The court observed that Thakur became a “Sadhvi” at least two years before the blast and found no cogent evidence against her or any of the other accused.

On the allegation of RDX being stored at co-accused Col. Purohit’s residence, the court said there was no material on record to support it. “Sketch of the room was not made… Samples were contaminated,” it noted. The court also held that there was no evidence to suggest that Abhinav Bharat — an organisation reportedly founded by Thakur and Col. Purohit — used its funds for terrorist activities.

The blast took place on 29 September 2008, when an explosive device strapped to a motorcycle detonated near a mosque in a town located about 200 km from Mumbai.

The investigation was initially handled by the Maharashtra Anti-Terrorism Squad (ATS) under the leadership of the late officer Hemant Karkare. In January 2009, the ATS filed a chargesheet against 12 accused, including Sadhvi Pragya and Col. Purohit, who were arrested a few months after the incident.

In 2011, the National Investigation Agency (NIA) took over the case and submitted a supplementary chargesheet on 13 May 2016.

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The ATS and NIA probe

The ATS had alleged that Thakur and Purohit, as founders of the right-wing group Abhinav Bharat, conspired with others to avenge and terrorise the Muslim community. According to ATS, multiple conspiracy meetings were held in Bhopal, Indore and other locations, and it was Sadhvi Pragya’s motorcycle —registered in her name—that was used to carry out the blast.

The chargesheet invoked several stringent provisions, including those under the Maharashtra Control of Organised Crime Act (MCOCA).

From 2011 to 2016, the NIA had consistently opposed any relief for Sadhvi Pragya. However, in a significant turnaround, it dropped all charges against her in its supplementary chargesheet.

While maintaining the ATS’s case against the remaining accused under the Unlawful Activities (Prevention) Act and the Explosive Substances Act, the NIA said it found no substantial evidence against Sadhvi Pragya and even accused the ATS of coercing witnesses into giving statements against her. It also recommended dropping MCOCA charges against all 12 accused.

In a controversial move, the NIA submitted its supplementary chargesheet without informing its designated Special Public Prosecutor, Avinash Rasal. Despite the NIA’s clean chit, the special court refused to discharge Sadhvi Pragya, ruling that the incriminating evidence presented by the ATS could not be overlooked.

The case has remained in the spotlight for its political and procedural controversies. Notably, earlier Special Public Prosecutor Rohini Salian was abruptly removed after she alleged that the NIA had instructed her to “go soft” on the right-wing accused.

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