“It’s not up to them to give a judgment about the ATS, they are not investigating the ATS, are they?”

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Former special public prosecutor, Rohini Salian, has described the chargesheet filed by the National Investigation Agency (NIA) on Friday in the 2008 Malegaon blasts is nothing but the agency’s opinion.

Salian, who had last year accused the NIA of coercing her to go on soft on Hindu terror accused in Malegaon blasts case, said that the court will now take an independent and objective view on the NIA chargesheet.

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She told Indian Express, “This chargesheet the NIA filed today is their opinion, it’s not a judgment. The order has to come from the court that will decide on the basis of evidence submitted to them earlier and now. They need to club the chargesheet filed earlier by the ATS and what has been given now by the NIA, and come to their own, independent conclusion and decision.”

The NIA, which reports to the central government, has controversially refused to take into consideration many evidence gathered by the Maharashtra ATS. This included an intercept of a phone call between Lt Col Prasad Purohit and former Armyman Ramesh Upadhyay where they discuss her name cropping up in Maharashtra ATS investigations and exclaim: “That means the cat is out of the bag now.”

The alleged conversation was recorded at 11.23 am on October 23, 2008. This was the day Thakur was arrested as the first accused in the case.

Salian said, “What about the 5,000-page chargesheet filed earlier, with interception of calls and evidences from the laptop? The chargesheet was already filed by ATS in 2009 on the basis of which the case travelled up to the Supreme Court. Now the NIA are saying something else. But it’s not up to them to give a judgment about the ATS, they are not investigating the ATS, are they? They need to follow the procedure under law, and the CrPc prevalent in this country, which is binding on everyone. Only the court has the right to deliver the judgment based on evidence from all sides.”

The Indian Express reproduced the transcripts of phone intercept.

Prasad: Sir have you read today’s headlines in Times of India and Indian Express?

Upadhyay: I have read about Hindu Jagran Manch of Indore being blamed for Mudasa and Malegaon blasts.

Sadhvi: ATS cited phone call, meeting & a bike, NIA rejected all

Prasad: i.e., Singh Sahab.

Upadhyay: Ok.

Prasad: That means the cat is out of the bag now as far as Mr Singh is concerned.

 

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