ATS vs NIA: 1 Case, different versions
Two agencies disagree on the roles played by key accused in the case, find Sharmeen Hakim and Sunil Baghel.
PRAGYA SINGH THAKUR
Arrested on: OCT 23, 2008
What ATS said
Thakur is the main conspirator of the blast. The motorcycle on which the bomb was placed was registered in her name. Accused Sudhakar Dwivedi, whose laptop contained discussions about creation of a “Hindu Rashtra”, said in his confessional statement that Thakur had directed him to ask Lt Col Prasad Shrikant Purohit to provide explosives to her two aides, Ramji Kalsangra and Sandeep Dange. Purohit told Dwivedi that such things should not be discussed over the phone. Another witness heard Purohit talk about taking revenge against Muslims and Thakur saying she would provide men for that.
What NIA said
The evidence of record is not enough to prosecute Thakur. All the witnesses have already retracted their statements against her and therefore, there is no case against her. The bike used in the blast was registered in her name but it had been in Kalsangra’s possession and he had been using it for long. Kalsangra is absconding in this case. Since MCOCA is not being invoked, Dwivedi’s confessional statement does not have any value. A witness who told ATS about a meeting held by members of Abhinav Bharat group later said he didn’t attend any such gathering. A confession about Purohit providing the RDX used in the blast was not relied upon for the same reason. Another witness’s statement that Purohit told him how he and two others strapped the bomb to a bike provided by Thakur cannot be relied upon because the witness has filed a complaint with the Human Rights Commission alleging torture by ATS.
SHYAM SAHU
Arrested on: OCT 23, 2008
Charges: Same
What ATS said
Ramchandra Kalsangra used to get mobile recharges for his and Pragya Singh Thakur’s mobiles at Sahu’s shop in Indore. Sahu gave Ramchandra five SIM cards purchased under different names, according to a witness who worked with Sahu.
What NIA said
It is on record that Sahu provided Ramchandra five SIM cards, but there is no other evidence that shows his association with the remaining accused or the blast. In 2008, the rules for sale of SIM cards were not as comprehensive as they are now. Sahu and Ramchandra were close friends so the former provided him the SIM cards.
JAGDISH MAHATRE
Arrested on: NOV 23, 2008
Charges: Same
What ATS said
He is a friend of accused Rakesh Dhawde, who taught bomb making and provided firearms. Mahatre purchased a German pistol costing Rs 45,000 and another gun worth Rs 60,000 from Dhawde. The guns were purchased for Purohit. A month before the blast, Mahatre provided ammunition to Purohit, but he could not arrange four more pistols the accused had asked for.
What NIA said
Mahatre should be only charged under the Arms Act for buying and selling weapons illegally. There is no blast-related evidence against Mahatre except Dhawde’s confessional statement. Dhawde has retracted the confession, but admitted to being involved in sale of ammunition. Mahatre does not know any other accused in the case.
SHIVNARAYAN KALSANGRA
Arrested on: OCT 23, 2008
Charges: Same
What ATS said
He is the brother of absconding accused Ramchandra Kalsangra who planted the bomb. He said his brother had given him two electronic timers for safekeeping. He revealed the place in Indore where the timers were hidden. The devices, which were recovered along a .315 bore rifle and ammunition, were similar to the timer used in the blast.
What NIA said
Shivnarayan is an electrician. The timers recovered from his house do not have a specific identification mark through which it can be said that they belonged to the same set of devices used in the blast. There is no substantial evidence linking him to the accused or the blast.
PRAVEEN TAKKALKI
Arrested on: FEB 1, 2011
Charges: Same
What ATS said
He was a close associate of Lt Col Purohit; received training in bomb-making from co-accused Rakesh Dhawde at Bhonsala Military School in Deolali, Nashik district; and stayed in the house where the bomb was assembled and from where RDX was later recovered.
What NIA said
The information was part of his confession recorded MCOCA. Since the sections of the stringent law have been dropped from the case, Takkalki’s statement has no evidentiary value. The other evidence available on record is not sufficient to connect him with the case. There is not enough evidence to prosecute him.
PRAGYA SINGH THAKUR
Arrested on: OCT 23, 2008
Charges: IPC sections 302 (murder); 307 (attempt to murder); 326 and 324 (hurt by dangerous weapons); 153-A (promoting enmity on grounds of religion); 120-B (criminal conspiracy); and relevant sections of the Arms Act, Explosive Substances Act and Unlawful Activities (Prevention) Act
What ATS said
Thakur is the main conspirator of the blast. The motorcycle on which the bomb was placed was registered in her name. Accused Sudhakar Dwivedi, whose laptop contained discussions about creation of a “Hindu Rashtra”, said in his confessional statement that Thakur had directed him to ask Lt Col Prasad Shrikant Purohit to provide explosives to her two aides, Ramji Kalsangra and Sandeep Dange. Purohit told Dwivedi that such things should not be discussed over the phone. Another witness heard Purohit talk about taking revenge against Muslims and Thakur saying she would provide men for that.
What NIA said
The evidence of record is not enough to prosecute Thakur. All the witnesses have already retracted their statements against her and therefore, there is no case against her. The bike used in the blast was registered in her name but it had been in Kalsangra’s possession and he had been using it for long. Kalsangra is absconding in this case. Since MCOCA is not being invoked, Dwivedi’s confessional statement does not have any value. A witness who told ATS about a meeting held by members of Abhinav Bharat group later said he didn’t attend any such gathering. A confession about Purohit providing the RDX used in the blast was not relied upon for the same reason. Another witness’s statement that Purohit told him how he and two others strapped the bomb to a bike provided by Thakur cannot be relied upon because the witness has filed a complaint with the Human Rights Commission alleging torture by ATS.
SHYAM SAHU
Arrested on: OCT 23, 2008
Charges: Same
What ATS said
Ramchandra Kalsangra used to get mobile recharges for his and Pragya Singh Thakur’s mobiles at Sahu’s shop in Indore. Sahu gave Ramchandra five SIM cards purchased under different names, according to a witness who worked with Sahu.
What NIA said
It is on record that Sahu provided Ramchandra five SIM cards, but there is no other evidence that shows his association with the remaining accused or the blast. In 2008, the rules for sale of SIM cards were not as comprehensive as they are now. Sahu and Ramchandra were close friends so the former provided him the SIM cards.
JAGDISH MAHATRE
Arrested on: NOV 23, 2008
Charges: Same
What ATS said
He is a friend of accused Rakesh Dhawde, who taught bomb making and provided firearms. Mahatre purchased a German pistol costing Rs 45,000 and another gun worth Rs 60,000 from Dhawde. The guns were purchased for Purohit. A month before the blast, Mahatre provided ammunition to Purohit, but he could not arrange four more pistols the accused had asked for.
What NIA said
Mahatre should be only charged under the Arms Act for buying and selling weapons illegally. There is no blast-related evidence against Mahatre except Dhawde’s confessional statement. Dhawde has retracted the confession, but admitted to being involved in sale of ammunition. Mahatre does not know any other accused in the case.
SHIVNARAYAN KALSANGRA
Arrested on: OCT 23, 2008
Charges: Same
What ATS said
He is the brother of absconding accused Ramchandra Kalsangra who planted the bomb. He said his brother had given him two electronic timers for safekeeping. He revealed the place in Indore where the timers were hidden. The devices, which were recovered along a .315 bore rifle and ammunition, were similar to the timer used in the blast.
What NIA said
Shivnarayan is an electrician. The timers recovered from his house do not have a specific identification mark through which it can be said that they belonged to the same set of devices used in the blast. There is no substantial evidence linking him to the accused or the blast.
PRAVEEN TAKKALKI
Arrested on: FEB 1, 2011
Charges: Same
What ATS said
He was a close associate of Lt Col Purohit; received training in bomb-making from co-accused Rakesh Dhawde at Bhonsala Military School in Deolali, Nashik district; and stayed in the house where the bomb was assembled and from where RDX was later recovered.
What NIA said
The information was part of his confession recorded MCOCA. Since the sections of the stringent law have been dropped from the case, Takkalki’s statement has no evidentiary value. The other evidence available on record is not sufficient to connect him with the case. There is not enough evidence to prosecute him.
