Author: Mavadhiya Jay Rajendra, Shree Arjun Law College Affiliated to Bhakta Kavi Narsinh Mehta University
The incident which took place 17 years ago, trial started in 2018, got over in April 2025, with Judgement delivered now. What is the case of Malegaon incident? And who is lieutenant colonel Prasad purohit who dragged in alongside Sadhvi Pragya of BJP?
The Malegaon Incident
In the month of Ramazan, at Bhiku chowk, where many people offered prayer at the near mosque situated in Malegaon of Maharashtra state, the bomb blast from the two-wheeler resulted in the death of six peoples and over 100 people were injured.
This incident triggered communal tension in the region of Maharashtra and cases were later handed over to the Anti-Terror Squad of Maharashtra.
But how BJP MP Sadhvi Pragya & Lt. Col. Prasad landed in the Malegaon case?
Initially, the ATS focused on various possible angles, including the role of radical groups or others. But investigation took a significant turn when the ATS allegedly linked this incident with right-wing organisations. This turn shocked the whole nation as the right-wing ideology was never dragged in this type of violence act.
The ATS claimed that the two-wheeler motorcycle which was used in the blast was registered in the name of Sadvi Pragya. This allegation that Sadhvi Pragya was part of the conspiracy to target and kill the Muslim triggers serious communal tensions.
Lt. Col. Prasad who was serving Military intelligence at that time was also alleged to be the main source of delivering RDX from Jammu & Kashmir and assembled the bomb at his residence.
Total Seven accused included Sadhvi Pragya, Lt. Col. Prasad, Sameer Kulkarni, Sudhakar Dwivedi, Ramesh Upadhyay, Ajay Rahirkar and Sudhakar Chaturvedi. These all were charged under Indian Penal Code & Unlawful Activities (prevention) Act including
Section 16 (committing a terrorist act)
Section 18 (conspiracy to commit a terrorist act) of the UAPA
Section 302 (murder), 307 (attempt to murder), 120B (criminal conspiracy), and 153A (promoting enmity between groups) of the IPC
What Actually Happened?
On September 29, 2008, a bomb planted on the two-wheeler motorcycle exploded near a mosque at Bhiku Chowk, Malegaon in the state of Maharashtra. This incident resulted in the death of six people and over 100 were seriously injured. This explosion takes place during the month of Ramazan.
The Maharashtra Anti-Terror Squad which was led by Hemant Karkare, took this case into their hands for investigation and alleged that this blast was carried out by hindu right-wing groups.
BJP MP Sadhvi Pragya Singh and Lt. Col. Prasad were both arrested suspecting carrying out “Revenge Attack” on the Anti-Hindu group according to them.
Later after the year, ATS makes more arrests of other Right-wing activists like Sameer Kulkarni, Ajay Rahikar, etc. these arrests trigger massive political backlash and accuse the probe of being politically motivated by specific religious groups.
In Jan 2009, ATS filed its first chargesheet against 11 accused and three wanted persons, charged with provisions of UAPA, IPC and the Maharashtra Control of Organised Crime Act (MCOCA), cited Sadhvi Pragya and Lt. Col. Prasad as key conspirators.
But MCOCA charges are dropped by a special court due to lack of evidence against the accused. Later, the Bombay High Court reinstates MCOCA charges.
In April, 2011, the case was transferred to the National Investigation Agency (NIA).
In 2017, Bombay high court granted bail to Sadhvi Pragya on health grounds and later Supreme Court granted bail to Lt. Col. Purohit after nine years in jail.
In 2017, in a special court of NIA, MCOCA charges were dropped but refused to discharge Sadhvi and other accused and ordered them to face trial under the UAPA, IPC, and the Explosive Substance Act.
After the ten years of this tragic incident, the trial in the case were began at 2018
On July 31, 2025, all seven accused were acquitted.
Court Findings which resulted the acquittal of accused
Special Judge AK Lahoti acquitted all the accused from the various charges of IPC, Unlawful activities act and Explosive substances act.
The Court said, “Upon comprehensive evaluation of the entire evidence available on record, I am of the considered view that the prosecution has failed to adduce cogent, reliable, and legally acceptable evidence. The testimony of prosecution witnesses is riddled with material inconsistencies and contradictions. Such discrepancies undermine the credibility of the prosecution's case and fall short of establishing the guilt of the accused beyond reasonable doubt,”
In this judgement, the court highlighted serious flaws regarding collections of evidence, unreliable witness testimonies and procedural lapses during investigation.
Court findings against Sadhvi Pragya:
The Court noted that there was no substantial proof that the motorcycle belonged to Sadhvi Pragya and also no proof regarding possession or control over the motorcycle which was found at the blast site.
Court also stated that, mere blast on the site and damaged condition of motorcycle, is not a conclusive proof of fitting explosive inside the dikki i.e. beneath the seat of said motorcycle. The explosive may hang or keep on the motorcycle or in close proximity to it.
Court findings against Lt. Col. Prasad:
The Court found that there is no evidence to support the claim that Lt. Col. Prasad stored or transported RDX.
The chemical analysis of his residence also showed no trace of the explosive material.
Court Findings against other accused:
Ramesh Upadhyay alleged to have involvement in the conspiracy and seized the laptop by ATS, court finds that seizure of Upadhyay’s laptop was not handled correctly in the presence of witness and improper sealing of the device.
Sameer Kulkarni, alleged the involvement in organizing the logistics for the bomb blast, prosecution failed to prove credible evidence against him.
Sudhakar Dwivedi & Ajay Rahikar alleged participation in conspiracy meetings in various places, but the prosecution failed to prove anything substantial regarding involvement in the Malegaon Blast.
S. Chaturvedi, alleged of assembling bombs at his house and involvement in the conspiracy and aiding the attack by preparing explosives. The court found that particular house was not in his exclusive possession and there is no conclusive evidence found linking him to the assembly of the bomb.
Thus, Mumbai Special NIA Court acquitted all seven accused in the 2008 Malegaon blast case, holding that the prosecution failed to present cogent, reliable, and legally admissible evidence. The Court found significant lapses in the investigation, contradictions in witness testimonies, procedural irregularities, and no substantive proof linking the accused to the conspiracy or to the use of explosives. As a result, the charges against all accused could not be sustained in law.
