Malegaon blast: SC asks Purohit to challenge prosecution sanction in trial court
New Delhi, April 20: The Supreme Court on Monday asked 2008 Malegaon bomb blast accused Lt. Col. Prasad Shrikant Purohit to agitate his contention against the sanction given to prosecute him under an anti-terror law before the trial court hearing the case.
In a relief to Purohit, a bench of Justice R.K. Agrawal and Justice Abhay Manohar Sapre said the issue can be raised before the trial court during the framing of charges in the case.
The court was hearing a plea filed by Purohit challenging the proceedings against him under the Unlawful Activities Prevention Act (UAPA) in the absence of valid sanction from the competent authority.
On December 18, 2017, the Bombay High Court had dismissed the plea by Purohit. He then approached the apex court challenging the High Court order and the December 27, 2017 order of the Court of Special Judge under the Maharashtra Control of Organised Crime Act (MCOCA) and NIA Act.
The trial court in its 2017 order, while discharging Purohit of the offences under the MCOCA and the offences punishable under certain provisions of the UAPA, had decided to proceed against him under other provisions of the stringent act.
Purohit had contended in the High Court that no appropriate authority had been appointed by the Maharashtra government, as required under UAPA section, and so there was breach of mandatory requirement of the provision.
He had argued that under the UAPA, the state law and judiciary department, the sanctioning authority, has to seek a report from an appropriate authority. In his case, the sanction was given in January 2009 but the authority was appointed only in October 2010.
On January 17, 2009, the Additional Chief Secretary of the Maharashtra home department had accorded sanction to apply stringent provisions of the UAPA to the case.
The proceedings against him are in the absence of valid sanction from the competent authorities, and are thus a miscarriage of justice and bad in law, he added.
Section 45(1) and (2) of the Unlawful Activities Prevention Act, 1967 say that no court will take cognizance of any offence without the previous sanction of the Central government or any officer authorised by the Central government in its behalf.
The offences for which prior sanction is required under said provisions include being a member of unlawful association, punishment for terrorist activities and offence relating to membership of a terrorist organisation or supporting it.
The case against Purohit relates to 2008 Malegaon blast where six persons were killed and 101 injured when an improvised explosive device strapped to a motorcycle went off at Malegaon, a town with sizable Muslim population in north Maharashtra's Nashik district.
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Ex-Army officer assaulted, robbed at gunpoint by woman he met through matrimonial website
Mathura(UP), Apr 5 (PTI): A retired Army colonel from Haryana has filed a police complaint here, alleging that he was held hostage, assaulted, looted and forced to participate in an "obscene video" at gunpoint with a woman he met through a matrimonial website, police said on Saturday.
The woman from Mathura, who was allegedly in on the plan to rob him, was working with other accomplices, the ex-armyman said in his complaint filed on Thursday.
According to Barsana Station House Officer (SHO) Raj Kamal Singh, Colonel Rajneesh Soni (retired), a resident of Gurugram, reported that he was contacted by a woman from Barsana on a matrimonial website in January. The woman allegedly agreed to marry him, and they began communicating.
The woman allegedly persuaded the colonel to visit Barsana on January 25, requesting that he visit the Radharani temple. When he arrived, she arranged for his stay at a guest house and took him on a tour of the area, including a visit to the temple, the complainant said.
After returning to the guest house, the woman and her accomplices allegedly told the colonel that her brother had been involved in an accident and they needed to leave immediately. They then led him to a waiting car.
"Once outside the town limits, the colonel alleges that he was attacked by the occupants of the car. They seized his phone, physically assaulted him, and forced him to contact relatives and friends to transfer money," the SHO said.
"He was then taken back to the guest house, where he was allegedly forced to participate in obscene videos and photographs at gunpoint. He was threatened that the videos would be made public if he reported the incident," the officer said.
The colonel has alleged that his purse, bag, gold chain, debit card and Rs. 12,000 in cash were stolen from the guest house.
After an unsuccessful attempt at locating the perpetrators himself, the colonel finally reported the incident to the Barsana police two days ago, he said.
"A case has been registered under relevant sections of the BNS and all facts are being investigated. Further action will be taken as per facts found in the investigation," the SHO said.
