Bombay High Court Bench, on September 16, 2025, sought to know if the family members were examined as witnesses in the trial. File
| Photo Credit: Vivek Bendre
The Bombay High Court on Tuesday stressed that filing an appeal against acquittal in the 2008 Malegaon blast cases “not an open invitation for all,” while seeking clarity on the role of petitioners in the trial.A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad were hearing an appeal filed on September 2, 2025, by six relatives of the victims who died in the blast, challenging the acquittal of seven accused, including former BJP MP Pragya Singh Thakur and Lt. Col. Prasad Purohit, by a special NIA court.Watch | 2008 Malegaon blast case: Special NIA court acquits all, including Pragya Thakur
The Bench asked the petitioners to explain their locus standi in the case, their relationship with the deceased and whether they had been examined as witnesses during the trial. Advocates Mateen Shaikh and Shahid Nadeem, appearing for the families, said that some petitioners had indeed testified and promised to produce documents confirming this on Wednesday (September 17). The Bench told them to “come together” and submit all the details on record.The appeal states that all petitioners are permanent residents of Malegaon and direct relatives of those killed in the blast, qualifying as “victims” under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). They are therefore entitled to file an appeal under Section 413 of the BNSS read with Section 21 of the NIA Act. The petition points out that the trial court had earlier allowed them to intervene and file written statements, showing they were not outsiders to the proceedings.The appellants include: Nisar Ahmed, whose son Sayyed Azahar died in the blast; Shaikh Liyaqat, whose daughter Shaikh Farheen was killed; Shaikh Ishaque, who lost his brother Shaikh Mushtaque; Usman Khan, whose nephew Irfan Khan died; Mushtaque Shah, whose father Haroon Shah was killed; and Shaikh Ibrahim, whose son-in-law Shaikh Rafique died in the explosion.Also read | 2008 Malegaon blast: Who were the accused? A brief timeline of the caseThe appeal further contended that flaws in the investigation cannot justify acquittal, stressing that the conspiracy was carried out in secrecy, leaving little scope for direct evidence. It alleged that the NIA diluted the case and undermined the Maharashtra Anti-Terrorism Squad’s (ATS) findings, which had initially unearthed the conspiracy.It also pointed to forensic evidence linking explosives and a motorcycle to Ms. Thakur, missing documents and electronic records, and alleged meetings of the accused under the banner of Abhinav Bharat, reportedly formed by Mr. Purohit to pursue the idea of a “Hindu Rashtra.”The families said the trial court failed to question witnesses or summon individuals when the prosecution faltered, acting as a “post office” and allowing gaps to benefit the accused.The blast at Bhiku Chowk in Malegaon’s Nashik district killed six people and injured over 100 during the holy month of Ramzan. Families of the victims said the acquittal has only deepened their grief and expressed hope that the High Court will ensure justice.The matter will be heard next on September 17. Published - September 16, 2025 02:21 pm IST
