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Yogesh Saxena Advocate High Court & Supreme Court

MCOCA is invoked, what other charges is the ATS proposing to proceed against your client? Mumbai ATS have a case against Sadhvi Pragnya Singh Thakur or are they shooting in the dark?Sadhvi Pragya Singh Thakur's arrest in connection with the Malegaon blast case has sent shock waves across the nation.While the Mumbai's Anti Terrorism Squad says it has enough evidence against her, her lawyer, Ganesh Sovani feels that the ATS is shooting in the dark and she is innocent.

Signed,

Yogesh Saxena

This petition closed over 1 year ago

How this will help

The provisions of the Maharashtra
Control of Organised Crime Act have not yet been invoked against her. This
would mean that the investigating agency should file a charge-sheet by January
23 that...

The provisions of the Maharashtra
Control of Organised Crime Act have not yet been invoked against her. This
would mean that the investigating agency should file a charge-sheet by January
23 that is 90 days since her arrest. I have decided to seek bail for my client
once the chargesheet is filed. If the chargesheet is not filed then we have
other remedies. We however do not intend moving the high court. We will go step
by step and approach the sessions court first. We want to explore all remedies
and moving an application for bail before the high court first would mean that
we exhaust one remedy available to us. However, if the provisions of MCOCA are
invoked, the investigating agency gets additional time to file the chargesheet.
In such an event we may have to delay the process to seek bail.
Do you think that the ATS will invoke the provisions of MCOCA on your
client?

I really do not know (Editor's Note: The Mumbai ATS has since booked all the 10
accused in the case under MCOCA). But it is going to be tough to invoke these
provisions. The ATS will have to first prove that two or more people have
coordinated in order to commit this crime since the provisions deal with
organised crime. If they are unable to do so then they will have to show before
the court that there was a chargesheet filed against her in the past ten years.
This means that they will have to show that my client has had a criminal record
in the past. These are the pre-requisites to invoke the provisions of MCOCA. My
client has no history of crime and there is also no chargesheet filed against
her in the past. Hence in my view invoking these provisions are going to be
tough.  If MCOCA is not invoked, what other charges is the ATS proposing
to proceed against your client?

Provisions of the Indian Penal Code and the Explosives Act.
What exactly is the case against the sadhvi? What is your reading?
At the moment the ATS wants to link the vehicle used in the blast against her.
She owned an LML Freedom two-wheeler. But since she was travelling most of the
time, she hardly used the vehicle. In October 2004, she sold the vehicle to a
person named Sunil Joshi (Joshi was allegedly killed earlier this year and
according to his supporters he was killed by members of the Students Islamic
Movement of India) for Rs 24,000. She had also signed the necessary forms for
transfer of the vehicle. 

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