Division bench of Justices D B Bhosale and A R Joshi
said that petitioners may approach the trial court with their
Over 30 persons died in four blasts in Malegaon on
September 8, 2006. Three of the accused, namely, Noorulhudha
Samsudhoha, Shabbir Ahmed Masiullah, and Mohammad Jahid, had
filed this petition.
The petition alleged that an affidavit filed by one
Abrar Ahmed, who is an approver in this case, indicated that
petitioners had been implicated.
Further, it alleged that Abrar's affidavit showed that
there was a link between Malegaon blasts of 2006, and the
blast in the same town in 2008.
In the 2008 case, members of Abhinav Bharat, a Hindu
outfit, are the accused.
However, advocate Amin Solkar, the petitioners'
lawyer, alleged that same group could be involved in 2006
blasts too, and therefore an SIT should probe both the cases.
However, the Court said that it cannot verify
"truthfulness" of Abrar's affidavit, and petitioners may move
the trial court in this regard when trial resumes.
Trial in 2006 case has been stayed by the Supreme
Court, as accused have challenged constitutional validity of
Maharashtra Control of Organised Crime Act.
Mumbai: Bombay High Court Tuesday dismissed
the petition filed by three accused in 2006 Malegaon blast
case seeking fresh probe by Special Investigation Team.
First Published: Tuesday, April 06, 2010, 15:16