New Delhi: Rohini Salian, the former Special Public Prosecutor in the 2008 Malegaon blast case, has responded to the recent acquittal of all accused with a grim sense of inevitability, saying, “I knew this would happen.” In 2015, Salian had publicly alleged that the government, through the National Investigation Agency (NIA), had pressured her to “go soft” on the accused.
In her recent remarks to The Indian Express, Salian pointed to serious procedural lapses and political pressure that, according to her, ultimately compromised the case. “If you don’t present solid evidence, what else can be expected? I was removed from the case in 2017. Before that, I had submitted plenty of strong evidence that was upheld by the Supreme Court. Where did it all go?” she questioned.
The former Maharashtra Chief Public Prosecutor expressed no surprise over the outcome. “This no longer shocks me. It’s become routine. We put in hard work, but no one wants the truth to come out. In the end, it’s our collective failure — of the people,” she stated.
In an interview with Mid-Day, Salian alleged that the case, initially handled firmly by the Maharashtra Anti-Terrorism Squad (ATS), gradually fell apart — not due to lack of evidence, but due to the erosion of institutional and political integrity. The ATS had filed a chargesheet within 90 days, thereby preventing the accused from securing bail. Witness statements were recorded under Section 164 of the Criminal Procedure Code (CrPC), ensuring stronger legal ground.
However, when the case was handed over to the NIA in 2011, the agency chose to reopen the investigation instead of building upon the existing chargesheet. This, according to Salian, led to delays and inconsistencies, weakening the case.
Allegations of Political Interference
Salian has, since 2015, repeatedly claimed that political shifts — both at the Centre with the BJP-led NDA government, and in Maharashtra under Devendra Fadnavis — led to pressure on her to take a lenient approach against the accused. She described this as a violation of Articles 14 and 21 of the Indian Constitution, which guarantee equality before law and the right to a fair trial.
She recalled being visited by an NIA official who told her to “go soft” on the accused and later being removed from the case without judicial explanation. The NIA eventually de-notified her from its panel of lawyers. “As far as I know, the case was pending in the Supreme Court. I’m not sure of my de-notified status today,” she said.
Salian noted that when law enforcement acts with hidden motives to appease those in power, the derailment of justice should come as no surprise. She described the Malegaon case not just as a procedural failure, but a constitutional one.
“This is a call to democratic conscience. Accountability is not just judicial but lies with all of us — the people. The Malegaon verdict is a collective failure to secure justice for victims of crime and terrorism,” she concluded.
