Was UAPA imposed on Malegaon accused while bypassing mandatory law provision?

The accused in the case, among others, include BJP MP from Bhopal, Pragya Thakur and several former Army officers.

- ABHINANDAN MISHRA

The sanction to prosecute the alleged accused in the Malegaon blast under the Unlawful Activities (Prevention) Act (UAPA) was given without considering the amendments that were introduced in the Act by the Union government which, among other legal issues, mandated for "an independent review of the evidence gathered in the course of investigation by an authority" before invoking the stringent provisions of the UAPA.

The blast at Malegaon, a town located in the Nashik district of Maharashtra, took place on 8 September 2006 in Malegaon targeting a predominantly Muslim area in which 40 people had died. The case was investigated by the Maharashtra Anti-Terror Squad (ATS) and the National Investigation Agency (NIA). Initially, the agencies stated it was carried out by Jihadi groups before stating that it was a case of "right wing terror".