Why in news?
The Special court hearing the 2008 Malegaon bombing case has made some significant statements recently.
What is the Malegaon Bombing Case?
- A couple of low intensity bombs went off in September 2008 in Malegaon, Maharashtra, killing 7 people.
- The bombing seemed targeted to kill innocent Muslims, and it has been widely speculated that it was carried out by Hindu Extremist elements.
- Some vouch that the long-term ideological plank for the attack was to overthrow the secular Indian state and replace it with a Hindu Rashtra.
- Contrarily, Hindutva groups have argued that the case was fabricated by the previous government, to defame their cause and to excuse jihadist violence.
What were the recent developments in the case?
- In line with the National Investigation Agency’s (NIA) view, the court recently held that the controversial ‘Maharashtra Control of Organised Crime Act’ (MCOCA) did not apply to the case.
- This effectively means that the confessional statements made by the accused cannot be used by the prosecution.
- However, Maharashtra Anti-Terrorism Squad’s claim to prosecute Sadhvi Pragya for her alleged role in the bombing has been upheld.
- This was in contradiction to the NIA, which stated lack of evidence for her prosecution to be taken forward.
What are the larger implications?
- The polarising nature of the case is precisely what makes it vital to ensure that the highest standards of criminal justice are rigorously applied.
- Notably, many see the case as a test for whether the Indian state can withstand chauvinistic majoritarian onslaught and remain a fair arbiter.
- Hence, beyond mere individual culpability or innocence, the outcome will have enormous consequences for the course of the republic.
Source: Indian Express