Restrict Pragya Thakur From Contesting Elections- Malegaon Blast Victim’s Father Files Application Before Spl NIA Court [Read Application]
April 19, 2019
Nisar Ahmed Sayyed Bilal, a 59-year-old resident of Malegaon, Nashik has filed an intervention application before Special NIA Court seeking directions to restrain Pragya Singh Thakur from contesting elections. Thakur is one of the main accused in the Malegaon blast case of 2008.
Bilal's son Sayyed Azhar Nisar Ahmed was killed in the explosion that took place on Bhikku Chowk, Malegaon.
In the application, Bilal has argued that Pragya was enlarged on bail on the pretext that she is unwell and "a patient of breast cancer."
On the contrary, she has been seen participating in various programs and giving objectionable & instigating speeches since her release from Jail, the application states.
In a written statement before the high court during the hearing for bail, Pragya's lawyer had stated that she is suffering from breast cancer and is unable to walk without support-
"Moreover, the Appellant, in this case, is a woman. She was arrested on 23rd October 2008 and is in custody since last more than 8 years, Medical certificate annexed to the petition and written submissions show that appellant is suffering from breast cancer. Medical report of the Appellant indicates that she has become infirm and cannot even walk without support. The medical certificate further shows that Appellant is being given treatment in Ayurvedic hospital. In our opinion, Ayurvedic Hospital cannot give proper treatment to the Appellant, who is suffering from cancer."
Thus, the applicant has argued that Pragya got bail on health grounds yet she was healthy enough to fight elections in the crippling summer heat which means she has misguided the Court while seeking bail.
Charges Against Pragya
The National Investigation Agency had dropped all charges against Pragya under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in their charge sheet after taking over the investigation in 2011 from Maharashtra ATS. The ATS had stated in its charge sheet that Pragya's motorcycle was used in the blast that killed six and injured 101 persons. This has been refuted by the NIA in its charge sheet for lack of evidence. Instead, it has been stated that although the bike was in her name, it was used by an accused, who is absconding.
However, Special NIA Court framed charges against all the accused including Pragya and Lt. Col Prasad Purohit. They have been charged with murder, attempt to murder, voluntarily causing grievous hurt by dangerous weapons or means, promoting enmity between different groups and punishment of criminal conspiracy.
Under the Unlawful Activities Prevention Act, the accused have been charged under Section 3 (punishment for causing explosion likely to endanger life or property), Section 4 (punishment for attempt to cause explosion), Section 5 (punishment for making or possessing explosives under suspicious circumstances), Section 6 (punishment of abettors) of the Explosive Substances Act, 1908 and relevant sections of the Arms Act.
Prayer in the application
The applicant has sought Pragya Thakur to be barred from contesting elections and directions have been sought for the accused Pragya Thakur to attend Court in Mumbai as the trial is still underway.
Pragya Thakur is set to contest the upcoming Lok Sabha elections from Bhopal on a BJP ticket.
Read the application here.
First published in Live Law.
Donate to the Indian Writers' Forum, a public trust that belongs to all of us.