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ATS used Rakesh Dhawade to invoke MCOCA charges, says NIA

The court in its 130-page order copy observed that the accused was dragged into the case

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The Special National Investigation Agency (NIA) court in its detailed order copy, talking about stringent Maharahstra Control of Organised Crime Act (MCOCA) charges being dropped against the accused arrested in the Malegaon 2008 case has pointed out how Maharashtra Anti-Terrorism Squad (ATS) used the accused Rakesh Dhawade to invoke MCOCA charges in the case. The court, in its 130-page order copy mentioned that though Abhinav Bharat was not existent in 2003-2004, even then Dhawade was shown as a member of Abhinav Bharat and was dragged into the case.

The court on Wednesday dropped the stringent MCOCA charges off all the accused and held them guilty of the Unlawful Activities Prevention Act (UAPA). Meanwhile Dhawade and one more accused were let off from the MCOCA charges and were only charged with the Arms act case. While three more accused were totally let off from the charges, whereas accused like Sadhavi Pragya Singh Thakur and Lt.Col. Prasad Purohit were charged with UAPA and other IPC charges.

The court held that according to the ATS, Dhawade was involved in the bomb blasts at Parbhani in Mohamadiya Masjid which took place on November 21,2003 and the blast in Kadariya Masjid at Jalna which took place on August 27,2004. ATS claimed that Dhawade was the member of the Abhinav Bharat, the crime syndicate and that there was a prima facie evidence against him.

"However it is to be noted that Dhawade was never ever arrested in the case anytime earlier, nor was he ever shown absconding or wanted by the ATS when the agency had charge sheeted other accused in the Jalna and Parbhani matters. However suddenly after Dhawade was arrested in the Malegaon 2008 blasts case on November 2,2008, he was immediately implicated in Jalna and Parbhani matters," the order copy stated.

"It appears from the recitals in the charge sheet in both cases that according to the prosecution the accused who were arrested and chargesheeted in those offences were connected with either Bajrang Dal or RSS.

SIGH OF RELIEF

  • ATS claimed that Dhawade was the member of the Abhinav Bharat 
     
  • Dhawade and one more accused were let off from the MCOCA charges and were only charged with the Arms Act case. 
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