While the National Investigating Agency has denied the allegations stating that the case had not yet reached the trial stage for the prosecutor Rohini Salian to make such statements, counsel for the accused persons too feel that the case is being vitiated now.
Ganesh Sovani who represents Sadhvi Pragya Singh Thakur one of the accused in the case feels that the statements by Rohini Salian causes prejudice. In this interview with OneIndia, Sovani points out that there was no need for such a public statement as it will vitiate the case.
Sir, what are your thoughts on the statements made by Rohini Salian on the Malegaon blasts case?
I am not appreciative of what she had told the media. By making what allegedly transpired between her and the NIA public she has caused great prejudice to the accused in the case. The trial could be vitiated in the wake of such a statement being made.
Do you think there was pressure on her?
I cannot comment on that. What has transpired between the NIA and her is not known to be and hence I won't be in a position to comment on that.
However what I must add is that had she had any sort of grievance she could have approached the Director of the National Investigating Agency directly instead of going public with her statements. She could have at least written to the Director of the NIA.
Don't you think the delay in the entire case is what is giving room for such incidents?
Yes the case has dragged on for too long now. The accused persons were booked under the provisions of the Maharashtra Control of Organised Crimes Act or the MCOCA. All the accused persons had challenged the imposition of MCOCA before the Supreme Court on October 10 2010.
However it was on April 16th 2015 that the matter was finally disposed off by a Bench of the Supreme Court. In its order the Supreme Court had said that barring one accused Rakesh Dawde, the provisions of MCOCA do not apply to the rest of the accused.
Where does the case stand now?
The Supreme Court had also told directed the Bombay High Court to constitute a special bench and dispose off the matter. The High Court on its part has already recommended to the Director of the NIA to constitute a special court to hear the matter and complete the trial.
The matter will move forward only once the special bench is constituted by the NIA and the trial commences after that.
Are the counsel for the accused planning any legal action against Rohini Salian?
No we are not and why should we? It is an allegation that she has made and it was against the NIA. The NIA has clarified the matter now. Our only concern is that her statements should not vitiate the case and cause prejudice to the accused.
What has the NIA said?
The NIA has stated that the mainstream work of a public prosecutor starts only after the investigating agency files a charge-sheet in the trial court. It is incorrect to infer that Rohini Salian was being bypassed for court appearances .
Further the NIA has completely denied the issuance of inappropriate briefing by any officer of the agency to the Spl. PP or creating impediments in her prosecution work of NIA cases she has been handling.