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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Bill to regulate deepfakes tabled in Lok Sabha
New Delhi (PTI): A Private Member's Bill seeking a clear legal framework for regulation of deepfakes has been introduced in the Lok Sabha.
The Regulation of Deepfake Bill, introduced by Shiv Sena leader Shrikant Shinde in the House on Friday, aims to protect citizens by mandating prior consent from individuals depicted in deepfake content.
"Misuse of deepfakes for harassment, deception and misinformation has escalated, creating an urgent need for regulatory safeguards," Shinde said.
The Bill also lists penalties for offenders creating or disseminating deepfake content with malicious intent.
"With advancements in artificial intelligence and deep learning, deepfake technology has emerged as a significant tool for media manipulation. While the technology has potential applications in education, entertainment and creative fields, it also poses severe risks when misused, threatening individual privacy, national security and public trust," Shinde said in the statement of objects and reasons in the Bill.
The proposed Bill seeks to establish a clear legal framework to govern the creation, distribution and application of deepfakes in India, said Shinde, a three-term Lok Sabha member from Kalyan.
The Bill also seeks to establish the Deepfake Task Force, a dedicated body to combat national security implications and evaluate the influence of deepfakes on privacy, civic participation, and potential election interference.
The task force will collaborate with academic and private sector institutions to develop technologies that detect manipulated content, thereby promoting credibility in digital media.
The Bill also proposes to establish a fund to support public and private sector initiatives in the detection and deterrence of advanced image manipulation.
A Private Member's Bill is a procedure of Parliament that enables lawmakers, who are not ministers, to draw attention to issues that might not be represented in Government Bills or to highlight the issues and gaps in the existing legal framework that require legislative intervention.
