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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Oppn leaders expresses outrage over killing of 'OBC' man with brick in Meerut
Meerut (UP) (PTI): Samajwadi Party chief Akhilesh Yadav and Bahujan Samaj Party (BSP) president Mayawati have condemned the killing of a backward class youth in the Sardhana area of Meerut.
Both leaders on Sunday urged the government to be vigilant and proactive to prevent such crimes.
In a post on X, Mayawati said that the January 5 killing of a youth belonging to the Kashyap community, categorised under the Other Backward Classes (OBC), deserved the strongest condemnation.
She stressed that anti-social and criminal elements must have fear of the law.
In his post, SP chief said, "We raise our voice on behalf of the entire PDA community against the heinous act committed by goons who burned a young man from the Kashyap community alive in Jwalagarh, in the Sardhana area."
Responding to the posts, the Meerut police said the it was not a recent case and that had registered a murder FIR and solved the crime within 24 hours of the incident.
The accused, they said, is a minor who was produced before the Juvenile Justice Board and sent to a child reform home.
According to the police, the incident took place on January 5 on the Akhepur-Rardhana Road.
The victim was identified as Rohit alias Sonu, 28, a resident of the Kila locality in Muzaffarnagar city.
An investigation revealed that the crime followed an argument over loud music being played in a tempo. The accused, a 16-year-old tempo driver, allegedly assaulted Rohit with a brick, killing him.
Circle Officer (Sardhana) Ashutosh Kumar said the accused first befriended Rohit, made him consume liquor while he himself drank an energy drink and later struck him on the head with a brick.
To conceal his identity, the accused dragged the body about 15 metres to a spot near a school wall and set it on fire using clothes, dry leaves, and oil.
The incident came to light when a school watchman noticed a fire late that night and informed the police. The body was identified the next day.
Family members said Rohit worked as a confectioner in Mumbai and had come to his village to look for a bride.
The police said the accused was identified through a barcode on a liquor pouch recovered from the spot and CCTV footage from a liquor shop.
