Malegaon case: ATS chargesheet just a formality?

In an interesting move the Mumbai Anti-Terrotist Squad filed a 305 page chargesheet against Praveen Muthalik in the Malegaon blasts case. This chargesheet is significant, since it comes at a time when the National Investigation Agency has been ordered to take up the case and re-probe it.

What can one expect in such an event? This development makes one wonder whether Home Minister P Chidamambaram was right when he allegedly told United States ambassador that he doubted the legality of the constitution of the NIA.

However, going by NIA rules, it clearly states that it can take over any investigation pertaining to terrorism in the country. Now that this has been done in the Malegaon case, the question is what relevance does the ATS chargesheet have? Legal experts term the chargesheet as a mere formality because the NIA will sooner or later file a fresh chargesheet which will finally be the one which will be referred when the trial commences.

At no point would the investigating agency want to try and push two chargesheets into a court, which tries these accused. In such a case, the accused would get an upper hand and  might seek acquittal on the grounds of double jeopardy.

This indicates that the ATS chargesheet will not be the one used during the trial. The accused would have to wait much longer before their case goes on trial.

A source said that NIA would certainly probe the case afresh, and they have the power to take fresh statements from all the accused named in the ATS chargesheet. Sources say that NIA investigators would go through the entire exercise once again and only then come out with a chargesheet.

Ganesh Sovani, advocate for Sadhvi Pragya Singh Thakur, who is one of the accused in the Malegaon case, said that the ATS chargesheet is a formality. "Ultimately the matter will be probed by the NIA and it is their chargesheet that would prevail," he said.

Whether the NIA would depend on the chargesheet filed by the ATS is something that we will have to wait and see. However, it seems unlikely, since in that case, the very purpose of the NIA taking over the case becomes a futile exercise.

The Malegaon case will be the first time that the NIA rules will be tested. There are indications that the ATS will not go to trial with their chargesheet, and would instead wait for the NIA to take over and put forth their version before the court.

Moreover, if the NIA probes the case, it makes more sense, considering their scope and jurisdiction. Sources say that going by Swami Aseemanand's statement, its clear that the Mecca Masjid, Ajmer Samjautha Express and Malegoan blasts were linked.

The NIA will not view both Malegaon cases as individual cases, but would join the dots where the other cases are concerned. The NIA so far has independently probed all the accused involved in this case, and are still on the hunt for Ramji Kalasanghra and Sandeep Dange who are vital to the case.