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HC dismisses petition seeking fresh probe in 2006 Malegaon blast

Division bench of justices D B Bhosale and A R Joshi said that petitioners may approach the trial court with their plea.

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Bombay high court today dismissed the petition filed by three accused in 2006 Malegaon blast case seeking fresh probe by Special Investigation Team.

Division bench of justices D B Bhosale and A R Joshi said that petitioners may approach the trial court with their plea.

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.

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