The acquittal of six persons linked to a 2009 Goa bomb blast by a special court was upheld by the Bombay High Court bench in Goa on Saturday, even as the Court also expunged comments from the lower court's order which had accused the National Investigation Agency (NIA) of "manipulating" facts to rope in the Goa-based Sanathan Sanstha into the bomb plot.
Two bomb carriers, both linked to the Sanatan Sanstha had died in 2009, while ferrying an improvised explosive device (IED) to a Diwali function in South Goa's Margao town, when the bomb accidentally exploded.
“Today, the HC has passed a judgement which (in the) appeal filed by the NIA challenging the judgement passed by a special judge acquitting the accused in the blast case. The High Court has considered [the case] in larger detail [and has] now held that the benefit of doubt is given,” the NIA counsel Pravin Faldessai told reporters.
There were in all 11 persons who were chargesheeted by the NIA, which included the two deceased, six accused Vinay Talekar, Dhananjay Ashtekar, Prashant Ashtekar, Vinayak Patil, Prashant Juvekar and Dilip Mazgaonkar and three others who are still absconding.
According to the NIA, all the accused were regular frequenters at the Sanatan Sanstha ashram located in the Ponda, a temple town in South Goa district.
The bomb blast case was initially investigated by the Goa Police Crime Branch, before it was taken over by the NIA, a central agency which is tasked with investigating terror-related crimes.
But on December 31, 2013, a Special Court had acquitted all the accused while passing strictures against the NIA for manipulating facts to implicate the Sanatan Sanstha.
“Facts stated in FIR appear to be manipulated with intention to rope in Sanatan Sanstha in the offence,” special Court judge PV Savoikar had said in his order.
Saturday's order by the Bombay High Court bench comprising of Justices M S Sonak and M S Jawalkar, according to Faldessai had expunged the malafide remarks made by the lower court.
“The special judge had said that there were malafides by the investigating agency... those remarks are now expunged,” the NIA lawyer said.