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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Denied chance to speak, Maharashtra Dy CMs Shinde, Pawar left embarrassed at Ambedkar Jayanti event
Mumbai: An unexpected turn of events at the annual state-organised celebration of Dr B.R. Ambedkar’s birth anniversary left Maharashtra’s Deputy Chief Ministers Eknath Shinde and Ajit Pawar in an awkward position, as both leaders were denied the opportunity to deliver their scheduled speeches.
The commemoration, held at Chaitya Bhoomi, was to feature addresses from several top dignitaries, including Governor C.P. Radhakrishnan, Chief Minister Devendra Fadnavis, and the two deputy CMs. As per reports, brief five-minute speaking slots had been allotted to Shinde and Pawar at 10:10 a.m. and 10:15 a.m., respectively.
While the Governor and Chief Minister addressed the gathering, both Shinde and Pawar were unexpectedly left out due "time constraints." Visibly displeased, the two leaders reportedly exited the venue without addressing the media.
In a bid to end the controversy, Shinde later downplayed the incident, stating that delivering a speech was secondary to the act of paying tribute to Dr Ambedkar. "What can be more important than taking Babasaheb’s darshan at Chaitya Bhoomi? Taking Babasaheb’s darshan was important than that speech," Shinde remarked.
He said that Dr Ambedkar’s invaluable contribution to the nation cannot be forgotten, noting that his Constitution gave every citizen equal rights, empowering even the most marginalised to live with dignity. “If we can genuinely follow even one of his principles, it would be the greatest tribute,” he added.
Shinde further emphasised that he harboured no resentment, insisting that leaders must look beyond trivial matters and focus on broader goals.
Echoing a similar sentiment, Deputy CM Ajit Pawar clarified that he voluntarily chose not to speak, citing scheduling challenges.
The incident comes amid ongoing political chatter around internal rifts within the ruling Mahayuti coalition. However, Shinde recently dismissed such speculation, stating that any differences would be resolved amicably through dialogue.
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