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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Punjab CM Mann lays foundation stone of Rs 14.63 crore sports stadium in Sangrur
Sangrur (PTI): Punjab Chief Minister Bhagwant Mann on Thursday laid the foundation stone of a Rs 14.63 crore modern sports stadium here, underscoring that expanding access to quality playgrounds alongside a strong education system is key to steering the youth towards "purpose, performance, and global achievement".
The stadium coming up on 4.38 acres in Satouj will offer professional training and host a wide range of sports including badminton, handball, judo, netball, basketball, volleyball, football, gymnastics, kabaddi and karate, according to an official release.
"It is a historic day for the region as this stadium is coming up at a cost of Rs 14.63 crore. This stadium will be constructed over an area of 4.38 acres, and the complex will host various sporting activities," Mann said.
"The stadium will have a 200-metre athletic track, pavilion for spectators and players and a multipurpose indoor sports hall," he said.
While highlighting the wide range of facilities being created, Mann said professional training opportunities will be provided to children and youngsters in the stadium, adding that this project will ensure that the area emerges as a sports hub.
Emphasising the importance of balanced development, he said, "When there is a good school for education and a proper ground for sports, a child can bring glory to their village, state, and country on the global stage."
Reaffirming the Punjab government's focus on youth development, Mann said, "It is a matter of immense pride and satisfaction that the Punjab government is successfully providing world-class facilities for education and sports."
This project will help in further breaking the backbone of drugs by fostering sporting culture in the state, and it will help in channelising the unbounded energy of youth of state in a positive manner, he said.
Such stadiums will play an important role in helping the youth stay away from the curse of drugs and in order to encourage the youngsters to realise their dreams of winning medals in national and international sporting events, the CM said.
Later, Mann launched an ultra-modern community health centre here that aims to benefit the residents of 85 villages. It is equipped with round-the-clock emergency services, surgical facilities, treatment for serious illnesses and specialist care for children, he said.
Mann alleged that previous governments neglected regions like Dirba and kept development restricted. He said his government is reversing this by investing public money back into villages through hospitals, schools, libraries and roads.
"To impart quality health services to people, we have dedicated the CHC at village Kauhrian... This ambitious project has been completed at a cost of Rs 13.23 crore and the centre has a capacity of 30 beds," he said.
He further noted, "The CHC will also have paediatric specialists for treating children's diseases, and free treatment along with all necessary tests for mothers and children will be provided."
Mann added that dental treatment will also be provided by a specialist at the facility.
