MCOCA dropped against Malegaon accused

The severe MCOCA charges have been dropped against the eleven accused of Malegaon blasts case in which for the first time a right-wing Hindutva group was found involved.

The Mumbai Sessions Court order means that the accused -- Lt Colonel Srikant Purohit, Sadhvi Pragya Thakur and Dayanand Pandey -- who could not under MCOCA get bail until the end of the trial can now get out.

Also, the bulk of their confessions recorded before the police, as permitted by MCOCA, won't hold in court. The confessions will have to be recorded again before a magistrate.

This is a huge setback for the prosecution.

The court dropped MCOCA on a technicality:

• MCOCA can be applied to an accused only if he is booked in more than one case
• Then all his co-accused can be booked under MCOCA
• In the Malegaon case, MCOCA was applied to one of the accused Rakesh Dhavade because he faced charges in Purna and Parbhani blasts too
• Then, last week, Dhavade was acquitted in those cases for lack of evidence
• Since could no longer be held under MCOCA, charges the co-accused have also been dropped

The Maharashtra ATS says it will challenge the order in the High Court. There is still hope that MCOCA could be retained.