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2008 Malegaon Blast Case: Bombay HC Adjourns Hearing On Appeal Against Acquittal Over Incomplete Victim Details

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Mumbai: The Bombay High Court on Wednesday adjourned the hearing on an appeal against the acquittal of seven accused in the 2008 Malegaon blast case over incomplete details submitted about the appellant family members of victims.

The seven accused acquitted in the case included former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit.

Earlier, the HC on Tuesday said it was “not an open gate for everyone” to file an appeal against acquittal in the blast case, and sought details if the victims’ family members were examined as witnesses in the trial.

On Wednesday, the appellants’ lawyer submitted a chart of the details, but the bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said it was incomplete.

The family members’ lawyer told the bench that the first appellant, Nisar Ahmed, whose son died in the blast, was not a witness in the trial.

Ahmed was, however, allowed by the special court to intervene and assist the prosecution during the trial, he said.

The lawyer added that out of the six appellants, only two were examined as prosecution witnesses.

The high court said the chart did not specify so.

“The chart is confusing. You need to verify it properly. Whether these persons were examined or not, that is the question. The chart is incomplete,” the court said and adjourned the hearing till Thursday.

The HC was hearing an appeal filed by the family members of the six persons who lost their lives in the blast against the acquittal judgment.

On September 29, 2008, an explosive device strapped to a motorcycle went off near a mosque in Malegaon town, located about 200 km from Mumbai in Maharashtra’s Nashik district, killing six persons and injuring 101 others.

The appeal challenged a special court judgment acquitting the seven accused in the case, including former BJP MP Pragya Thakur and Lt Col Prasad Purohit.

The HC bench on Tuesday sought to know if the family members were examined as witnesses in the trial.

The appeal filed last week claimed that a faulty investigation or some defects in the probe cannot be grounds for acquitting the accused. It also contended that the conspiracy (of the blast) was hatched in secrecy and hence, there cannot be direct evidence of it.

The petitioners claimed the order passed by the special NIA court on July 31, acquitting the seven accused, was wrong and bad in law and hence deserved to be quashed.

The appeal said the trial court judge should not act as a “postman or mute spectator” in a criminal trial. When the prosecution failed to elicit facts, the trial court can ask questions and/or summon witnesses, it added.

“The trial court has unfortunately acted as a mere post office and allowed a deficient prosecution to benefit the accused,” the appeal said.

It also raised concerns over the manner in which the National Investigation Agency (NIA) conducted the probe and trial in the case and sought the accused to be convicted.

The state Anti-Terrorism Squad (ATS), by arresting the seven persons, unearthed a large conspiracy and since then, there has been no blast in areas populated by the minority community, the appeal said.

It claimed the NIA, after taking over the case, diluted the allegations against the accused persons.

The special court had, in its judgment, said mere suspicion cannot replace real proof and there was no cogent or reliable evidence to warrant a conviction.

Special judge A K Lahoti, presiding over the NIA court, had said there was no “reliable and cogent evidence” against the accused that proved the case beyond a reasonable doubt.

The prosecution’s case was that the blast was carried out by right-wing extremists with the intention to terrorise the Muslim community in the communally sensitive Malegaon town.

The NIA court, in its judgment, had flagged several loopholes in the prosecution’s case and the investigation carried out, and said the accused persons deserved the benefit of doubt.

Besides Thakur and Purohit, the accused included Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi and Sameer Kulkarni.

Maharashtra

Maharashtra FDA chief IAS Tukaram Mundhe takes another major action, targeting five club-restaurants, including McDonald’s.

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Mumbai: The Maharashtra Food and Drug Administration (FDA) suspended the food licences of prominent South Mumbai establishments, including The Bombay Presidency Radio Club, the Colaba outlet of McDonald’s and the Status Restaurant in Nariman Point, following surprise inspections in August.

The FDA has suspended the food licence of The Bombay Presidency Radio Club due to severe violations of safety and hygiene regulations. During the inspection of the club’s kitchen on Wednesday, officials found a massive breach of food safety and sanitation standards.

The inspection uncovered active fly infestations in various kitchen areas, a dead cockroach, and open cockroach traps in the utensil-washing zone.

Authorities found flaking ceiling plaster directly over food preparation areas, posing a risk of falling into food, as well as washing powders and chemicals stored right alongside food items.

Utensils and food products were discovered to be kept directly on the floor, non-vegetarian refrigerators were unhygienic, and food items were not being thawed properly.

Staff members’ sweaty helmets and clothing were found stored alongside food, kitchen doors were improperly sealed, waste bins were placed next to cooking stoves, and signs of spitting were noticed on the premises.

The inspection revealed an overall non-compliance rate of 47 per cent by the establishment.

Citing public health and safety, the FDA suspended the licence under Section 32(3) of the Food Safety and Standards (FSS) Act, 2006.

The club has been ordered to immediately halt all food purchases, sales, and distribution during the suspension period, with a warning of stern legal action for any violations.

Authorities found widespread disregard for basic protocols, such as staff handling food without washing hands, uncalibrated refrigeration units, and a complete lack of temperature monitoring logs.

The McDonald’s kiosk in Colaba was penalised for failing 18 out of 20 safety points, submitting falsified 148-page compliance reports, and deceptively using cheese analogues without menu declarations.

Operating licences have been suspended with immediate effect under the FSS Act, 2006, barring all food manufacturing, sales, and distribution until full compliance is legally verified.

Following the raids, McDonald’s said they have zero-tolerance towards food safety hazards and are reviewing the FDA report.

“At McDonald’s, we take pride in maintaining high food safety standards across our restaurants and have a zero-tolerance approach to food safety issues. We respect the regulatory process and are reviewing the observations referenced in the report,” McDonald’s said in a statement.

“McDonald’s follows rigorous food quality, safety and hygiene standards, in line with regulatory requirements, including the use of real cheese and real paneer in our food. We believe it is important that our practices are accurately understood and represented. Our focus remains on delivering the quality and experience expected from us every day. Customers have always been welcome to take a kitchen tour and learn more about our food preparation practices,” the statement further read.

Along with the prominent South Mumbai establishments, the FDA has suspended the food registration certificate of the Khar Gymkhana due to severe hygiene lapses and critical food safety violations.

Inspections exposed a high risk of cross-contamination from unsegregated raw, cooked, vegetarian, and non-vegetarian foods. Hazardous storage of chemicals and a complete lack of pest control traps was also found. 

The establishment has been ordered to immediately halt all food production, storage, purchase, sale, and distribution activities during the suspension period.

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Maharashtra

Opposition to Keshav Srushti educational visit, Raees Shaikh demands from BMC

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Mumbai: Samajwadi Party MLA from Bhiwandi East Raees Shaikh has demanded that the proposed educational field trip to Keshav Srushti in Attan, Bhayander for students of Mumbai Municipal Corporation (BMC) schools be cancelled, and that a complete ban be imposed on it, slamming the “saffronisation of education” by the BMC administration. The proposal to take class VII students from BMC schools of all mediums on an environmental study and training field trip to Keshav Srushti in Attan, Bhayander will be considered in the standing committee meeting on August 28. The civic body is expected to spend Rs 2.43 crore on the trip. MLA Raees Shaikh has written a letter to BMC Commissioner Ashwini Bhide, demanding cancellation of the proposal. “Keshav Sruthi was established as an organisation in memory of Rashtriya Swayamsevak Sangh (RSS) founder Dr Keshav Baliram Hedgewar. BJP and RSS functionaries undergo training there. RSS is the ideological umbrella organisation of BJP and aims to establish a “Hindu Rashtra”. Taking BMC school students on a field trip to an institution like Keshav Sruthi, which has a religiously biased character, is tantamount to “saffronisation of education”. The BMC administration is accountable to the Constitution and our Constitution is secular. It is unconstitutional for students to organise an educational field trip to an institution with religious purposes.” Shaikh also referred to an incident during the inauguration of the Ram temple in Ayodhya in January 2024, when BMC schools had organised a competition on the life and character of Lord Ram. The move faced opposition at the time. Shaikh said, “Regardless of which BMC school The political party is in power, the administration cannot work for religious purposes, said the Shaikh. He also demanded that the institutional legacy of the BMC be preserved and not compromised.

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Maharashtra

Security tightened at police station on Eid Milad-un-Nabi, distribution of food and langar, police keeping an eye on social media

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Mumbai: Police Station: In view of Eid Milad-un-Nabi (PBUH), the police station has also issued an alert. After the poisonous conspiracy of Fayyaz in Muharram, Mumbai, now the police station will be under special surveillance on the distribution of Niyaz and Langar in the Muhammadi procession and the police will also register the organizations that distribute Langar and Niyaz. Along with strict security arrangements on the route of the procession, the police will also keep an eye on social media. If anyone tries to create a disturbance in the procession or spoils the atmosphere, strict action will be taken against him. This warning has been given by the police station police commissioner Ashutosh Dombre. He said that a meeting has also been held before the procession in the police station. Along with this, instructions have also been issued regarding the guiding principles and law enforcement in the meeting of the Mohalla Committees and Peace Committee. Police Commissioner Dombre has appealed to the lovers of the Prophet to avoid superstitions, triple seats, rush driving and violation of the law in the procession because in a state of compulsion, the police is forced to take action against them. Ashutosh Dambre has clarified that the necessary permits are provided for the Muhammadi procession and no undue conditions have been imposed. According to the law, the police allow everyone. It is wrong to accuse the police of any kind of bias or prejudice in this. A video went viral on social media regarding the procession flag in Bhiwandi, which the Police Commissioner has clarified because there was an objection to the length of the flag. Police Commissioner Dambre said that according to the law, every festival is allowed and there is no question of prejudice or additional conditions in this. Dombre said that special attention should be paid to children in the procession and they should not be allowed to sit on the tip of the truck because it poses a risk of accident. He said that surveillance has also been intensified on social media during Eid Milad-un-Nabi. If someone posts a controversial post on social media that threatens to worsen the situation and create hatred between the two sects, immediate action will be taken against such people. He added that the hate agenda on social media is intolerable, it affects communal harmony and those who create distance in society will not be spared. In areas like Thana, Mumbra, Bhiwandi, Kalyan Rao, Bodi, Dombivali, processions are taken out on Eid Milad-un-Nabi with great enthusiasm. It is also necessary to take special care that the youth do not lose consciousness in the procession. He said that misuse of social media leads to deterioration of the environment, therefore unverified content and content should not be shared because in such a situation, action can also be taken against those who advance their agenda and hateful content. Speaking to a contemporary Urdu daily and an Urdu website here, Ashutosh Dombre claimed special arrangements for Eid Milad-un-Nabi. He said that the police are ready in every way to monitor the procession and strict arrangements will be made on each of its routes. Commissioner Ashutosh Dombre has requested the lovers of the Prophet to maintain order and law because the Holy Prophet is the messenger of peace and has come as a mercy to the worlds. Therefore, we should participate in the procession by maintaining peace and order on the path and teachings of the Prophet. Dombre said that special attention will be paid to sectarians during the Muhammadi procession. Along with this, action will be taken against anyone found disturbing the environment and violating the law.

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