The special Maharashtra Control of Organised Crime
Act (MCOCA) court in Mumbai January28 deferred the hearing on the
bail applications of the 2006 Malegaon blast accused till February 07.
"The court asked the Central Bureau
of Investigation (CBI) to submit the certified copy of Swami
Aseemanand's confessional statement till February 07 before
further hearing on the bail application of the nine Muslim accused
arrested in 2006 Malegaon blast case", Advocate SS Shaikh said to
ummid.com on phone from Mumbai.
The Court gave the CBI time till
February 07 to submit the said document, he added.
Earlier, the CBI has filed a reply
in the court stating that its investigation on the basis of Swami
Aseemanand is underway.
The nine Muslim accused had moved to
the special court January 17 seeking bail on the basis of the
confessional statement of Swami Aseemanand.
"From the confession it is clear that those responsible for the
2006 Malegaon blasts are persons far removed from the current
accused," they said in the bail plea.
"Moreover", the accused said, "They have been in jail for past
four years and 'there is no direct evidence of their involvement
in the said offence and was only based on forcibly taken
A series of blasts struck
Malegaon on September 08 in 2006 ahead of Shab-e-Barat, a
Muslim festival when thousands of people were busy offering Friday
prayers at the Hamidia Masjid. Another blast occurred at nearby
Mushawerat chowk few minutes later. 32 people had been killed and
more than 300 were injured in the blasts, most of them being
Earlier on January 20 this year, a
Central Bureau of Investigation (CBI) team led by SP range officer arrived in Malegaon - the
Muslim dominated textile town in North Maharashtra to
re-investigate the entire case. The CBI team visited the town
after it was granted permission by the court for re-investigation
the case in the wake of Aseemanad's confession.
The Anti Terrorist Squad (ATS)
investigation of the 2006 Malegaon blast is receiving flak ever
since it arrested the Muslim youths in the attack on a mosque in
which the victims were all Muslims. Doubts were raised over the
investigation also by the families of the victims. After much of
an outcry the state government had decided to hand over the
investigation to the CBI. But it was done only after the ATS filed
its chargesheet accusing the Muslim youths of masterminding the
Interestingly, the CBI on November
16, 2009 in front of the Bombay High Court had said it did not
have evidence against the arrested Muslim youths. The CBI's
admission before the high court came during the hearing on the
petition filed by Mohd. Zahid, Noorul
Huda and Shabbir Masihulla - three of the nine accused in jail since
"The CBI has not filed a chargesheet or
report before the special court because it has no evidence", Public
prosecutor D.N. Salvi informed the Bombay High Court (HC) on
November 16, 2009.
The reply invited
the wrath of the High Court, which said that
the cause for the transfer of investigations after the charge sheet
was filed needed to be examined.
"Why the case was handed over to the
CBI after ATS filed its chargesheet. Was it because the Government
doesn't have faith in its own investigating team?", Justice Patil
When Public Prosecutor said it was
because of the public outcry that the investigation was handed over
to the CBI, it infuriated the bench.
"Then we should release these accused
on bail too. There is public outcry," said Justice Patel. "Who
cried? State is going to decide on public outcry or based on
facts?", he asked.
The case took an interesting turn
after Swami Aseemanand, the prime accused arrested in various blast
cases, admitted in his confession made before a magistrate that the
Muslim youths arrested in 2006 blast case were not guilty.