Fifth judge transfer in 17 years raises concern; victims urge Bombay High Court to halt reassignment of Judge AK Lahoti
Mohammad bin Ismail | Clarion India
NEW DELHI – Victims of the 2008 Malegaon bomb blast have raised strong objections to the transfer of Special Judge AK Lahoti, who has been presiding over the case since 2022. The case is in its final stages, and a verdict is expected in the coming months. The victims, worried about further delays, are now seeking the intervention of the Bombay High Court to halt the judge’s transfer.
Judge Lahoti’s name was included in the list of 200 judicial transfers announced on Saturday by the Bombay High Court Registry. As per the notification, he is to take charge at the Nashik Sessions Court after the annual summer break. His transfer is part of what officials describe as a routine reshuffle. But for the victims and their legal representatives, the timing couldn’t be worse.
“This is the fifth time a judge has been transferred in the Malegaon blast case in the last 17 years,” said Advocate Shahid Nadeem, who represents Jamiat Ulema Maharashtra, a group supporting the victims. “Every time a new judge takes over, it takes months for him to get familiar with the case. At this stage, such a transfer is not just unhelpful — it’s unjust.”
The Malegaon blast case dates back to September 29, 2008, when a bomb exploded in the Muslim-majority town in Maharashtra, killing six people and injuring more than 100. Among the key accused in the case is Bharatiya Janata Party (BJP) leader and former MP Sadhvi Pragya Singh Thakur. She is currently out on bail.
Lawyers for the victims have already written to the Chief Justice of the Bombay High Court, urging him to retain Judge Lahoti until the verdict is delivered. A letter sent on March 20 stated, “By this letter, it is a very serious and polite request to you on behalf of the Malegaon bomb blast victims to retain Special Judge AK Lahoti in the City and Sessions Court, Mumbai (as a Special Court Judge).”
The letter further acknowledged that while judges are usually appointed for three-year terms and Judge Lahoti was appointed in 2022, his full term will conclude next year. Hence, they argue that there is room for judicial discretion in the matter.
The Bombay High Court has not yet responded to the plea. However, legal experts believe that if the verdict is reserved before the transfer date, there is a possibility of extending Judge Lahoti’s tenure.
Advocate Shahid Nadeem explained that the prosecution and defence have already completed the first phase of arguments. “Judge AK Lahoti has verbally instructed the parties to complete the cross-examination by April 15. If that happens, the court may reserve its verdict,” he said. “If the verdict is reserved, the judge’s transfer can be deferred.”
He further said, “There are precedents where judges have been retained until they deliver the verdict after the hearing in the case is over. It would only be fair to do the same in this case. The victims have waited 17 years for justice.”
Nadeem added, “Changing the judge now would mean significant delay because the new judge will have to start by studying the entire case record. This would not only prolong the pain of the victims but also undermine their faith in the justice system.”
Several victims and their families have expressed disappointment and concern over the judge’s transfer. “We have waited for justice for nearly two decades,” said Aslam Shaikh, whose younger brother was killed in the blast. “When we finally saw the light at the end of the tunnel, they wanted to change the judge. This is not fair.”
Another victim, Shabnam Qureshi, who was injured in the blast, said, “Every new judge means more delay. We are tired. We just want the court to punish those responsible. Why does the system not understand our pain?”
The Malegaon blast case has seen repeated delays, procedural hurdles, and frequent changes in the bench of judges. Since 2008, five judges have presided over the trial, and each transfer has pushed the timeline further.
Sadhvi Pragya Singh Thakur and other accused were initially charged under the Maharashtra Control of Organised Crime Act (MCOCA), but the charges were later dropped by the National Investigation Agency (NIA). The case has since continued under other sections of the Indian Penal Code, Unlawful Activities (Prevention) Act (UAPA), and Explosives Act.
While judicial transfers are often seen as administrative in nature, critics argue that decisions should also consider the progress of ongoing cases, especially sensitive ones like the Malegaon blast.
“This may be a routine transfer on paper, but it has serious consequences,” said retired high court judge Justice (retd.) Hosbet Suresh. “When a case is nearing its end, continuity matters. The justice system must recognise the emotional and procedural impact of such changes.”
Advocate Nadeem said that the victims’ legal team will consult senior lawyers to decide the next step. “We may approach the Bombay High Court again, and if needed, we’ll consider moving the Supreme Court. Our main concern is that the victims get justice without any more delay.”
He concluded, “The hearing has entered its final phase. The victims deserve the case’s closure. It is in the interest of justice and fairness that Judge Lahoti be allowed to complete the case.”
The court’s annual summer vacation is set to begin soon, and Judge Lahoti is expected to take up his new assignment on June 9. The coming weeks will be crucial in deciding whether justice in the Malegaon blast case will continue on its current track — or face yet another delay.
