The special National Investigation Agency (NIA) court on Wednesday rejected the application filed by a father who lost his son in the Malegaon 2008 blasts to restrict the main accused, Pragya Singh Thakur, from contesting elections.
Ms. Thakur is contesting in the Bhopal Lok Sabha seat after being released on bail on April 25, 2017 by the Bombay High Court.
On April 18, Nisar Ahmed Sayyed Bilal, father of Sayyed Azhar Nisar Ahmed who died on September 29, 2008 when the blast claimed lives of five others, filed an application stating that Ms. Thakur should be restricted from contesting elections as she is still facing trial for the terrorist act and a petition challenging her bail is pending before the Supreme Court.
‘For ideology’
J.P. Mishra, counsel for Ms. Thakur, said she was fighting the election for the cause of ideology and for the sake of the nation. He said, “She is contesting the election to condemn people who say there is Hindu terrorism.”
Responding to Mr. Bilal’s allegation that Ms. Thakur got bail on health grounds but is healthy enough to fight elections in this heat so she has “misled the court,” Mr. Mishra said, “She did not get bail on health grounds but on merit and has not misled the court but underwent an operation and was unable to walk in 2016. Even now she has only improved and not recovered.”
On April 23, Ms. Thakur had filed her reply that said pendency of the trial was no bar for contesting election.
Special Judge Vinod Padalkar said lawyers were well aware that this was not the proper forum [for the plea]. “This court has not granted, wrong forum has been chosen.”
Rejecting the application, the court said, “in the present ongoing elections this court does not have any legal powers to prohibit anyone from contesting elections. It is the job of electoral officers to decide. This court can’t stop the accused from contesting elections. .”