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Synopsis

 

BJP MP Pragya Thakur has once again failed to appear before the NIA court in Mumbai for the Malegaon Blast Case citing health concerns.

Special Judge Abhay Kamalnayan Lahoti issued a bailable warrant against Thakur after rejecting her plea seeking exemption from appearing in court on medical grounds.

The court noted, “On 22/03/2024, accused no.1 (Pragya Thakur) appeared before the court and considering her physical and medical condition, she was allowed to leave the court. Thereafter, before departing to Bhopal, she did not turn back in court for recording her statement. The presence of accused no.1 is necessary to record her statement u/s 313 of Cr.P .C. Due to her absence, it is hampering the court proceeding.”

Earlier, the court directed Thakur to appear before it on March 20, 2024. However, her absence has prompted the court to take action to ensure the timely progress of the trial. The court has asked the National Investigation Agency (NIA) to submit a report on her health, indicating growing impatience over the repeated delays caused by her non-appearance.

During the court proceedings, two accused individuals were present, while four others were granted exemption from appearance.

However, the proceedings took a significant turn when Accused Number 1, Pragya Thakur’s advocate filed an exemption application citing her ill-health, a move contested by the NIA. The court instructed the NIA Bhopal to verify Thakur's health condition and submit a report by April 08, 2024. The exemption for Thakur was granted for the day on April 03, 2024, when she was required to appear. However, it was adjourned to April 04, 2024 for the preparation of statements under Section 313 of the Criminal Procedure Code (Cr.P.C).

The Malegaon Blast Case, dating back to 2008, has been marred by complexity and controversy. Six individuals lost their lives, and approximately 100 others sustained injuries in the tragic incident. Initially investigated by the Maharashtra Anti-Terrorism Squad, the case was later transferred to the NIA, which presented 323 witnesses during the trial. However, the credibility of the trial suffered a blow when 34 witnesses turned hostile.

Pragya Thakur, along with six other accused individuals, was summoned by the court to record their statements under Section 313 of the CrPC. During one of the earlier hearings, Thakur became emotional while recording her statement before the court. She had previously sought exemption on medical grounds on February 25, a plea that had been granted by the court.

In its earlier order, the special judge had acknowledged the health concerns of the accused individuals, including Pragya Thakur, and had granted exemptions accordingly. However, the court emphasised the need for timely progress in the trial and directed all accused individuals to appear in court from February 27 onwards. It also stated that in case of ill health, medical treatment could be sought in Mumbai itself.

 

Cause Title: National Investigation Agency, Mumbai. Vs Pragyasingh Chandrapalsingh Thakur [SPL.CASE/0100001/2016]