Currently, the special NIA court is at the stage prior to framing charges against the accused.
The National Investigation Agency has opposed making the Maharashtra Anti Terror Squad (ATS) a party to the proceedings in the Malegaon 2008 blast case.
In a reply to an intervention plea seeking that the ATS also be sent a notice to be part of the trial, the NIA has submitted its objection to the plea.
Special Public Prosecutor Avinash Rasal representing the NIA said since the case was transferred from the ATS to the NIA as per a central government notification, the state would have no locus in the case.
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“We have submitted before the court that ATS does not have a locus in the case since it has been transferred to the NIA by the central government,” Rasal said. Currently, the special NIA court is at the stage prior to framing of charges against the accused. Last month, the NIA filed the second supplementary chargesheet in the case, stating that there is no evidence to maintain charges against four accused who were previously chargesheeted by the ATS, including Sadhvi Pragya Singh Thakur.
It had also termed ‘dubious’ the application of MCOCA in the case by the ATS.
A blast had occurred at Malegaon on September 29, 2008, after which the ATS had begun its investigation.
The NIA took over the investigation in April 2011 which submitted its chargesheet in the case last month claiming that the ATS investigation was filled with ‘lacunas’.
Since the transfer, the ATS has not represented itself in the case. During the trial of the Malegaon 2006 case which also saw the two investigating agencies filing separate chargesheets, the special court had sent a notice for the ATS after which it has been representing itself, including in opposing the bail and discharge pleas of the nine Muslim men booked by them against whom the NIA had not found any evidence.
The court is likely to hear arguments in the intervention plea on Tuesday.
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