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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Rahul Gandhi urges PM Modi to convene special Parliament session on Operation Sindoor, ceasefire
New Delhi: Congress MP and Leader of Opposition in Lok Sabha, Rahul Gandhi, has written to Prime Minister Narendra Modi urging the immediate convening of a special session of Parliament to discuss the recent Pahalgam terror attack, Operation Sindoor, and the ceasefire announced between India and Pakistan.
In his letter dated Sunday, Rahul Gandhi reiterated the “unanimous request of the Opposition” to hold the session in light of escalating tensions and the need for national consensus. He emphasized the importance of Parliament deliberating on these critical issues, calling it “crucial for the people and their representatives to discuss.”
“This will also be an opportunity to demonstrate our collective resolve to meet the challenges ahead,” Gandhi wrote, referring to the recent ceasefire agreement and the military developments preceding it.
Congress President and Leader of Opposition in Rajya Sabha, Mallikarjun Kharge, also echoed the demand in a separate letter. He referenced an earlier appeal dated April 28, 2025, which sought a joint session in response to the Pahalgam terror incident. Kharge said the recent ceasefire, initially announced by U.S. President Donald Trump and subsequent developments made the session even more urgent.
The India-Pakistan ceasefire agreement came after three days of intense military confrontation, during which Operation Sindoor was carried out by Indian forces on May 7. The operation targeted nine terror infrastructure sites across Pakistan and Pakistan-occupied Kashmir, in retaliation for the April 22 terror attack in Pahalgam that killed 26 civilians.
Despite the ceasefire announcement, Pakistani drones reportedly violated the truce within hours, entering Indian airspace over Jammu, Srinagar, Punjab, and Rajasthan, prompting further defense action.
