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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: Demand For Love Jihad Law Intensifies As Hindu Organisation Leads State Campaign

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The Hindu Janajagruti Samiti, a right wing organisation, on Wednesday urged the Maharashtra government to introduce a stringent law against what it describes as love jihad during the winter session of the state legislature in Nagpur. The term is used by right wing groups to allege that Muslim men target Hindu women for marriage with the intent of religious conversion.

The call comes after a coordinated campaign across the state that saw the involvement of more than 160 Hindu organisations from 20 districts. The Samiti stated that the participants pressed the government to pass a strict law to curb alleged forced conversions linked to marriage.

Sunil Ghanvat, the Samiti’s state organiser for Maharashtra and Chhattisgarh, said in a statement that more than 1,600 activists and citizens took part in rallies, public meetings and memorandum drives across major districts. These included Mumbai, Jalgaon, Dhule, Chhatrapati Sambhajinagar, Jalna, Ahilyanagar, Akola, Amravati, Chandrapur, Nagpur, Satara, Pune, Solapur, Nashik, Ratnagiri and Sindhudurg.

Memorandums were submitted to district collectors, taluka administrations, elected representatives, the Governor, the Chief Minister and the home department, urging the state to act.

The Samiti noted that states such as Uttar Pradesh, Gujarat, Madhya Pradesh, Assam and Uttarakhand have already enacted laws aimed at curbing forced conversions. It argued that Maharashtra should introduce similar legislation with provisions for life imprisonment and registration of non-bailable offences.

Alongside the push for a love jihad law, the organisations also raised the demand for an anti land grabbing law, stating that such measures would strengthen legal safeguards in the state.

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Maharashtra

Preparations for Sunni Dawat-e-Islami’s three-day global Sunni gathering in full swing

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Mumbai: Like every year, this year too, the 33rd annual gathering of the Sunni Dawat-e-Islami Movement is being held on Friday, Saturday and Sunday, December 12, 13 and 14 at Azad Maidan, Wadi Noor, opposite CST, Mumbai. Like last year, this year too, the gathering on the first day, Friday, will be for women only, while the remaining two days will be reserved for men. Insha Allah, many scholars, preachers and mashaikhs from the country and abroad will participate in this global gathering. The preparations for the gathering were started last Saturday in the evening after the weekly central gathering. Urdu Media In-charge Maulana Mazhar Hussain Alimi said that the leaders of the movement are making full efforts to make the three-day gathering a success. Efforts are being made to provide all possible facilities so that the audience and attendees do not face any kind of trouble. As per tradition, this year too, the three-day global gathering will be broadcast live on sdichannel, which will be directly accessible to those who wish to learn religious teachings from all over the world. The women’s gathering on the first day will feature speeches on important topics such as “Women’s Intellectual Taste”, “Women’s Real Ornament: High Character and Modesty”, and “Women’s Share in Inheritance”. In addition, the researcher of modern issues Hazrat Mufti Muhammad Nizamuddin (President Mufti of Jamia Ashrafia Mubarakpur) will answer questions asked by women about Islam. Ameer Sunni Dawat-e-Islami and the spiritual leader of this gathering, the great preacher Hazrat Maulana Muhammad Shakir Noori, has appealed to people to participate in the gathering as much as possible, understand the message of religion and act on it. Ameer Sunni Dawat-e-Islami has said that they should also come and bring their friends and thus become a means of transmitting religion. He has appealed to Muslims to send women from their homes to the gathering on the first day so that they can Attend the gathering to learn religious teachings, improve themselves and advise others. There will be important speeches by great scholars and preachers in the gathering on the second and third days. There will be detailed speeches on important topics such as “The Miracle of the Holy Quran”, “The Spiritual Life of the Holy Prophet (PBUH), “The Envoy of Peace (PBUH), “Searching for Humans in Humans”, “Ethics and Spiritual Training of Youth”, “Religious Information and Artificial Intelligence”, “Signs of the Pleasure and Displeasure of Allah Almighty”. Islamic thinker Allama Qamar-uz-Zaman Azmi (Secretary General World Islamic Mission London) will deliver a speech on the third day. Insha Allah, the commentator of the Quran, Khalifah Mufti Azam Hind, Hazrat Allama Zaheeruddin Khan Rizvi, will also deliver an insightful speech. In the gathering on the third day, there will be a gathering after Zuhr prayers, followed by a lecture on the latest issues of Bukhari Sharif, in which the last hadith of Bukhari Sharif will be delivered by Hazrat Allama Mufti Muhammad Nizamuddin Rizvi (Jami’ Ashrafia Mubarakpur). On this occasion, prayers are accepted in the presence of the Lord, so be sure to participate in this prayer as well.

In order to facilitate the participants of the gathering, a large number of ablution rooms and toilets are being built, and more than sixty cameras are being installed throughout the gathering as part of security arrangements. In addition, about two thousand women will volunteer for the women’s gathering, while more than one thousand male volunteers will serve in the gathering on the second and third days. The police have requested the participants of the gathering not to bring handy cameras, laptops, wires, batteries, matchboxes, lighters, nail cutters and other electronic equipment that runs on batteries. For security reasons, parking of motorcycles or any other vehicle around the Azad Maidan is not allowed.

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Maharashtra

Azmi demands in Nagpur Assembly that Navi Mumbai Airport be named after Chhatrapati Shahu Maharaj

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Mumbai: In the Mumbai Maharashtra Nagpur winter session, Member of Assembly Abu Asim Azmi has demanded that the Navi Mumbai Airport be named after Chhatrapati Shahu Maharaj. He said that he died in Mumbai on May 6, 1922, so the Navi Mumbai Airport should be named after Shahu Maharaj. He said that Shahu Maharaj has always served Dalits, backward classes, educational reservation and equality and it is to his credit that Dalits and backward classes are provided with reservation and other facilities. He said that the Navi Mumbai Airport should be named after a great leader. Since the airport is a transportation hub, naming the airport after Chhatrapati Shahu Maharaj is a tribute to him.

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