April 16, 2012 1:09:24 am
To contest the bail applications and other relief sought by the accused in the 2008 Malegaon blasts case,the National Investigation Agency (NIA) has moved the Supreme Court seeking impleadment in the applications filed by the accused.
The NIA has pointed out that despite it being a necessary party or respondent in the case,the accused have deliberately not been acknowledging the investigating agency as a respondent before various courts,including the High Court and Supreme Court. It has thus sought impleadment in the bail applications filed by accused including Lt Col Prasad Shrikant Purohit,Rakesh Dattatraya Dhawade,Ajay Eknath Rahirkar,Pragyasingh C Thakur,Shivnarayan Kalasangraha. The apex court has issued notices to the accused on the NIAs application.
The Malegaon blasts which occurred on September 29,2008,left six people dead and 101 injured. In its application,the NIA has submitted that after taking over of the case on April 13,2011,it had taken over case records on May 9,2011 and May 27,2011,from the ATS. The NIA has submitted that it had interrogated 12 of the accused who are in judicial custody from June 22,2011 to June 27,2011 after seeking permission from the special court.
All the said accused persons have thus far not cooperated with the investigations nor have they come out with the full facts of the case,further investigation of this case by the NIA is in progress and all efforts are being made to trace and apprehend the two wanted and proclaimed offenders namely Sandeep Dange and Ramchandra Kalasangra,reads the application.
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The NIA has also referred to the appeals filed by the accused involved in the case wherein they have challenged the Maharashtra Control of Organised Crime (MCOC) Act. NIA is a necessary party and in further view of the fact that it has taken over investigations for the past one year,made it mandatory for the accused to amend the pleadings to include the NIA as respondent. In fact,even in all proceedings that have been filed after the Central government notification as well as after taking over investigations by NIA,the accused have not taken adequate and necessary steps to make the NIA as a party to any of the proceedings and on every occasion and before every court including the Apex Court,the NIA has had to seek specific impleadment,despite being a necessary party, reads the application.
The Supreme Court has asked the accused to file their responses as to why NIA should not be made respondent in the applications filed by them.
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