In a victory of sorts for the fourth estate, a Special Court here on Tuesday refused to conduct an “in-camera trial” in the 2008 Malegaon blast case, in which BJP MP Sadhvi Pragya Singh Thakur and Lt Col Prasad Shrikant Purohit are among the accused.
While rejecting an application filed by the National Investigation Agency (NIA) seeking for the trial to be held in-camera, Special NIA Judge VS Padalkar said conducting the trial in a “transparent manner” was among the reasons for rejecting the NIA’s plea.
The Judge allowed media to cover the case with “certain restrictions” and noted that journalists were required to submit true copies of their identity cards issued by their respective media houses.
Judge Padalkar said there should not be use of any electronic device and the matter be reported as per the factual position. He also ruled there should not be any editorial, personal opinion or discussion of any kind until the end of trial.
Normally, at an in-camera hearing, only the judge, lawyers, accused and witnesses are present. The proceedings are not made known to the media or the members of the public.
In its application before the court, the NIA had stated that while it was in favour of the freedom of press, the trial should be held in-camera as it is a “sensitive matter“.
The NIA had also said it wanted in-camera proceedings to protect the communal harmony, and also claimed there was a threat to the witnesses.
However, the Judge observed that the NIA did not submit any information before it on any “internal security threat or communal disharmony”. “There was no letter received from the NIA on threat to witnesses,” the court noted
Earlier, eleven journalists had filed an intervention application challenging the NIA’s plea, saying it should be an open trial to ensure transparency and there were enough safeguards to protect the witnesses under the NIA Act.
The Journalists concerned had submitted to the court that there was no instance of any threat to the witnesses.
The eleven journalists, who had made intervening application before the special court were: Sharmeen Hakim (Mumbai Mirror), Sunilkumar Singh (NDTV), Vidya Kumar (India Today), Sadaf Modak (Indian Express), Neeta Kolhatkar (Free Press Journal, Sunil Baghel (Mumbai Mirror), Santia Gora (Mirror Now), Rebecca Samervel (Times of India), Ranjeet Singh (ANI), David Delima (Mumbai Mirror) & Narsi Benwal (Free Press Journal). The journalists were represented pro bono by Advocates Rizwan Merchant, Adv Gayatri Gokhale and Adv Akshay Bafna.
The trial in the 2008 Malegaon blasts case began in October last year after the special court framed charges under the Unlawful Activities (Prevention) Act (UAPA) and relevant provisions of the Indian Penal Code (IPC) against Lt Col Prasad Purohit, BJP MP Pragya Singh Thakur Thakur and others. The accused are currently out on bail.
The trial court has so far examined around 130 witnesses out of the 475 listed witnesses.
Sadhvi Pragya and Lt Col Prasad Shrikant Purohit are among the seven accused who are being tried by Special Court under the Unlawful Activities Prevention Act (UAPA) and various other sections of the IPC for their alleged involvement in the 2008 Malegaon blasts. On October 30, 2018, the special court in Mumbai had framed charges against Sadhvi Pragya, Lt Col Prasad Shrikant Purohit and five other accused in the 2008 Malegaon case.
It may be recalled that an improvised explosive kept under the seat of a LML Freedom motor-bicycle had exploded between Bhikku Chowk and Anjuman Chowk, near Noorani Masjid, at Malegaon in north Maharashtra, on the night of September 29, 2008, leaving six persons dead and injuring 101 others.
On October 30, 2018, a special court in Mumbai framed charges against Sadhvi Pragya Singh Thakur, Lt Col Prasad Shrikant Purohit and five other accused under the Unlawful Activities Prevention Act (UAPA) and various other sections of the IPC for their alleged involvement in the 2008 blasts.
Seven key accused, including Lt Col Purohit and Sadhvi Pragya, are being tried under sections 16 (committing a terror act) and 18 (criminal conspiracy) of the Unlawful Activities Prevention Act (UAPA), and sections 120(b) (punishment of criminal conspiracy), 302 (murder), 307 (attempt to murder) and 326 (intentionally causing harm to others) of the IPC. They are also being tried for charges under the Explosives Substances Act.
If convicted under these sections, the maximum punishment can be life imprisonment or death.
Apart from Sadhvi Pragya and Lt Col Purohit, the other accused who are facing the trial are: Sudhakar Dwivedi, Major (retd.) Ramesh Upadhyay, Sameer Kulkarni, Sudhakar Chaturvedi and Ajay Rahirkar.