Forced to name Yogi Adityanath, RSS leaders: Malegaon case witness turns hostile

One of the 39 witnesses who turned hostile in the Malegaon 2008 blast case was Milind Joshirao, Trustee of the Abhinav Bharat Trust, who also ran a lift business.

Joshirao told the court that ATS officers Shrirao and Param Bir Singh threatened to torture him and coerced him to name Uttar Pradesh Chief Minister Yogi Adityanath and other RSS functionaries.

He was picked up by the ATS on October 28, 2008, nearly a month after the blast, and remained in custody until November 7, 2008. He was kept at the ATS office for more than seven days.

Despite being a prosecution witness, Joshirao did not support the claims for which he was brought to court, namely, to establish the motive behind the formation of the Abhinav Bharat organisation, allegedly set up by serving army officer Lt. Col. Prasad Purohit.

According to the prosecution, a meeting was held in June 2006 at Raigad Fort, attended by Purohit, businessman Ajay Rahirkar, Rakesh Dhawade, and several witnesses, including Milind Joshirao. Dhawade had been discharged by the special court before the trial commenced.

The prosecution claimed that the idea of forming Abhinav Bharat originated with Purohit and was discussed during the Raigad Fort meeting. All attendees reportedly agreed to the proposal and took an oath at the fort to establish Abhinav Bharat and work towards its objectives.

The Abhinav Bharat Trust was formed in 2007, according to the prosecution.

It was further alleged that the accused aimed to transform India into a ‘Hindu Rashtra’ called “Aryavart.” Dissatisfied with the Indian Constitution, they allegedly planned to create their own, form a government in exile and train individuals in guerrilla warfare.

The group allegedly intended to eliminate those opposing the formation of a ‘Hindu Rashtra’. Purohit was accused of collecting Rs 21 lakh to fund these objectives.

Special Public Prosecutor Avinash Rasal cross-examined Joshirao after he was declared hostile by the court. However, even during cross-examination, Joshirao did not make any statements that supported the prosecution’s case.

He specifically denied attending the Raigad Fort meeting or that any oath was taken to create a separate ‘Hindutva Vadi Rashtra’.

Instead, he stated, "ATS treated me like an accused and kept me for seven days at their office. The officers pressured me to name five RSS individuals, including Yogi Adityanath, Asimanand, Indresh Kumar, Professor Devdhar, Sadhvi, and Kakaji, in my statement. They assured me I would be released if I did so. When I refused, DCP Shrirao and Additional Commissioner of Police Param Bir Singh threatened me with torture,” as noted by Judge Lahoti.

The judge further observed that Joshirao’s statement “was written down/recorded solely by an ATS officer.”

Considering his testimony in court, the judge stated, “It clearly indicates that the statement was involuntary. Even if the contents of such a statement are proven by the investigating officer, it may still be insufficient, as it raises doubts regarding its admissibility and the authenticity of such an involuntary statement.”

- Ends