Judge conducting trial in 2008 Malegaon blast case transferred, victims say it will delay justice

Mumbai: Special NIA court judge AK Lahoti, conducting trial in the 2008 Malegaon blast case, has been posted to Nashik in the annual general transfer of district judges, days before the court was likely to reserve the matter for judgment.

The transfer order for Lahoti and other judges issued by the registrar general of the Bombay High Court will come into effect when the courts re-open after summer vacation on June 9.

Victims, however, said Lahoti's transfer would further delay justice, and they are planning to approach the Bombay High Court, requesting an extension for the special judge.

Lahoti is the fifth judge to be transferred in the 17-year-old case.

The order has mentioned that the judicial officers who are under the order of transfer are "directed (a) to finish by judgments all cases in which hearing has already been concluded and (b) should endeavour to dispose of all part-heard cases before handing over charge".

In the last hearing on Saturday, judge Lahoti directed the prosecution and defence to wrap up the remaining arguments by April 15 and was expected to reserve the matter for judgment the following day, a defence lawyer said.

Advocate Shahid Nadeem, representing the victims, said, "We are considering filing an application in the high court. We had earlier submitted a letter to the chief justice requesting an extension of his (judge's) tenure until the judgment is passed."

He said the justice has already been delayed, and the presiding judge's transfer will cause more delays.

"In the interest of justice, we will decide after consulting with senior advocates," he added.

Six persons were killed and more than 100 injured when an explosive device strapped on a motorcycle went off on September 29, 2008, near a mosque in Malegaon, a town located about 200 km from Mumbai in north Maharashtra's Nashik district.

BJP leader Pragya Thakur, Lt Col Prasad Purohit and five others are being tried for their alleged involvement in the case.

The accused are facing prosecution under the stringent Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC).

The prosecution examined 323 witnesses during the trial, while the defence examined eight.

The Maharashtra Anti-Terrorism Squad (ATS) probed the case initially before it was transferred to the National Investigation Agency (NIA) in 2011.