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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London, Nov 22: A bomb disposal squad deployed as a “precaution” to the South Terminal of Gatwick Airport concluded an investigation into a "security incident" on Friday after making a “suspect package” safe.
The South Terminal of Gatwick Airport, the UK's second busiest airport after Heathrow, which was briefly shut owing to the incident reopened following the incident.
The Gatwick is around 45 km south of London.
Two people detained during the enquiries have since been allowed to continue their journey as the airport was opened.
“Police have concluded their investigation into a report of a suspect package at Gatwick Airport. Officers from the EOD (Explosive Ordnance Disposal) team made the package safe, and the airport has been handed back to its operator,” Sussex Police said in an updated statement.
“Two people detained while enquiries were ongoing have subsequently been allowed to continue their journeys. There will remain an increased police presence in the area to assist with passengers accessing the South Terminal for onward travel,” the statement added.
Earlier on Friday, the incident caused severe disruption at the busy airport’s South Terminal, while the North Terminal of Gatwick Airport remained unaffected.
“Police were called to the South Terminal at Gatwick Airport at 8.20 am on Friday (November 22) following the discovery of a suspected prohibited item in luggage,” a Sussex Police statement said.
“To ensure the safety of the public, staff and other airport users, a security cordon has been put in place whilst the matter is dealt with. As a precaution, an EOD (Explosive Ordnance Disposal) team is being deployed to the airport. This is causing significant disruption and some roads around the South Terminal have been closed. We’d advise the public to avoid the area where possible,” it said.
Footage on social media taken outside the airport showed crowds of frustrated travellers being moved away from the terminal building.
Gatwick said it was working hard to resolve the issue.
“A large part of the South Terminal has been evacuated as a precaution while we continue to investigate a security incident," the airport said in a social media post.
“Passengers will not be able to enter the South Terminal while this is ongoing. The safety and security of our passengers and staff remain our top priority. We are working hard to resolve the issue as quickly as possible.”
Train and bus services that serve the airport were also impacted while the police carried out their inquiries.
In an unrelated incident in south London on Friday morning, the US Embassy area in Nine Elms by the River Thames was the scene of a controlled explosion by Scotland Yard dealing with what they believe may have been a “hoax device”.
“We can confirm the 'loud bang' reported in the area a short time ago was a controlled explosion carried out by officers,” the Metropolitan Police said in a post on X.
“Initial indications are that the item was a hoax device. An investigation will now follow. Some cordons will remain in place for the time being but the majority of the police response will now be stood down,” it added.
