In a significant development in the 2008 Malegaon blast case, the Special NIA Court in Mumbai has observed that there is no evidence to prove that BJP MP Pragya Singh Thakur had conscious possession of the explosive-laden motorcycle used in the blast.

While this observation comes as a relief to Thakur, the court rejected her allegations of custodial torture, stating that the claims were not supported by independent evidence or medical records.

The court, presided by Special Judge A. K. Lahoti, made the observations while ruling on an application filed by Thakur under Section 227 of the CrPC, seeking discharge from the case. Though the discharge was not granted, the court did address several crucial legal and factual points in its order.

The motorcycle used in the 2008 Malegaon blast was registered in Sadhvi Pragya’s name. However, the court noted:

“There is no material on record to prove that the accused had conscious possession of the motorcycle at the time of the incident.”

The court acknowledged that she had given up worldly life and taken ‘sanyas’, distancing herself from worldly possessions, including the bike. The court further observed that mere ownership of the vehicle cannot automatically establish criminal liability unless mens rea (guilty mind) is proven.

Thakur had claimed that she was subjected to physical and mental torture in custody after her arrest in 2008. However, the court ruled:

“The allegations of torture are not supported by sufficient evidence. No immediate medical record or corroborating testimony confirms the same.”

The court also pointed out that her claims surfaced several years after the alleged incidents, diminishing their legal credibility in the absence of documentation.

The September 29, 2008 blast in Malegaon, Maharashtra, killed six people and injured over 100. The NIA alleges that the conspiracy involved members of a radical Hindutva group, and that Sadhvi Pragya’s motorcycle was used to plant the bomb.

Initially arrested by the Maharashtra ATS, Thakur was later granted bail by the Supreme Court in 2017 on health grounds. She was elected to the Lok Sabha in 2019 as a BJP MP from Bhopal.

While the court did not grant full discharge, its observations weaken the direct link between Thakur and the explosive-laden vehicle, though the trial will continue. The court's stance on the torture claim, however, narrows her grounds for alleging procedural violations.

This ruling may influence co-accused arguments in the trial and opens debate on the use of circumstantial evidence in high-profile terror cases.

Case Title: State v. Sadhvi Pragya Singh Thakur & Others