Five accused in the Malegaon blasts case of September 2008 have filed their replies in the appeal filed by the state government against the dropping of the Maharashtra Control of Organised Crime Act (MCOCA) charge in the case.
In an affidavit filed by Rakesh Dhawade, a researcher in oriental studies and an antique arms dealer from Pune, states he is in no way connected to the Abhinav Bharat outfit, except for a donation cheque he had accepted from them for his research institute.
Dhawade has further stated that the special MCOCA court was right in dropping the MCOCA charge holding that the additional commissioner of police of the anti-terrorism squad had no ground to grant sanction for invocation of MCOCA in this case on November 11, 2008.
Dhawade, who was arrested on November 2 last year, is currently in jail. He has stated that there is no evidence against him to show that he formed the crime syndicate that conspired to carry out the blasts in Malegaon that killed six people, or took any pecuniary benefit from it. Dhawade has added that the prosecution has falsely prepared the record regarding his confessional statements.
Another accused, Ajay Rahirkar, who is a trustee of Abhinav Bharat has stated that the trust is not an accused in the earlier charge-sheets filed in the Parbhani and Nanded bomb blasts. “Hence the trust does not fall under “organised crime syndicate”.
He further states that there is no evidence to prove that he collected and distributed money for committing the alleged crimes and urged the court to discharge all the accused and quash the state government’s appeal against dropping of MCOCA charges.
He added that the appeal is bad in law and does not disclose any cause of action.
The high court had held that probe can continue under MCOCA in the Malegaon blast case but stayed the trial.
