Pragya Thakur's absence hampering blast trial, says court; seeks report on her health from NIA
Mumbai, Apr 3: A special court here on Wednesday observed that BJP MP Pragya Singh Thakur's absence in the September 2008 Malegaon blast case trial was hampering the proceedings, and asked the NIA to submit a report on her health.
The court passed the order after the Member of Parliament from Bhopal, a prime accused in the case, sought another exemption from appearance citing health problems.
A K Lahoti, special judge for National Investigation Agency cases, asked the central agency to verify her health condition and submit a report by April 8.
The court had on March 11 issued a bailable warrant against the Bhopal MP for failing to attend the proceedings despite being specifically directed.
The warrant was cancelled on March 22 after Thakur appeared before the court. But she failed to appear after that.
While granting her exemption on March 28, the court had directed Thakur to appear on April 3, warning that a non-bailable warrant would be issued against her otherwise.
On Wednesday, her lawyer again sought exemption, claiming that the nature of her ailments was severe. Her physical condition was beyond her control and she was seeking treatment at her home in Bhopal on doctors' advice, the application said.
A doctor, after examining her, advised her bed rest and a certificate has been provided with the application, it said.
The NIA, however, told the court that as Thakur was not in Mumbai, it could not verify her claims.
"The directions which were given from time to time are well within the knowledge of advocates appearing on behalf of Thakur and the delay is caused due to absence of the accused. Hence, considering the aforesaid aspects, a necessary order be passed," the NIA submitted.
The court noted that statement of the accused was being recorded under section 313 of the Code of Criminal Procedure (where an accused can explain, in person, any circumstances appearing in the evidence against him or her).
"She has been absent since long except on 22/03/2024. On 22/03/2024, accused no 1 (Thakur) appeared before the court and considering her physical and medical condition, she was allowed to leave the court," it said.
The accused's presence was necessary to record her statement and her absence was hampering the court proceedings, the judge added.
The certificate produced by her lawyer states that Thakur is suffering from cervical-spondylitis and migraine, but prescription, treatment papers and test papers have not been submitted, and therefore, "verification of the health condition is required," the court said.
"NIA, Mumbai, can make correspondence with their unit at Bhopal and verify the health condition and submit the report accordingly on or before April 8," the order said while exempting Thakur from appearance for the day.
Six people were killed and more than 100 injured when an explosive device strapped to a motorcycle went off near a mosque in Malegaon, a communally sensitive town about 200 km from Mumbai in north Maharashtra, on September 29, 2008.
The case was initially probed by the Anti Terrorism Squad (ATS) of Maharashtra police before it was transferred to the NIA.
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Riyan Parag likely to be fined 25 percent of match fees for vaping inside dressing room
New Delhi (PTI): Rajasthan Royals captain Riyan Parag is set to be fined 25 per cent of his match fee for bringing the game into "disrepute" after being caught vaping on camera during the IPL game against Punjab Kings in Mullanpur.
Parag's actions during the Royals' chase on Tuesday night drew condemnation on social media.
PTI has learned that on field umpires Tanmay Srivastava and Nitin Menon had not reported the matter to match referee Amit Sharma right after the game. They only did that after seeing visual proof and Sharma found Parag guilty for a code of conduct breach as per the IPL guidelines.
The Level 1 offences carries 25 per cent deduction from match fees and one demerit point.
"He is set to be fined a portion of his match fees and a demerit point for a Level 1 offence," said an IPL source.
The Indian government had banned e-cigarettes back in 2019, prohibiting their production, sale and distribution. As per the law, the offender faces imprisonment up to one year and/or a Rs one lakh fine for a first time offence.
"Article 2.21 of IPL Code of Conduct is intended to cover all types of conduct that bring the game into disrepute and which is not specifically and adequately covered by the specific offences set out elsewhere in this Code of Conduct, including Article 2.20," the IPL Code of Conduct states.
"By way of example, Article 2.21 may (depending upon the seriousness and context of the breach) prohibit, without limitation, the following: (a) public acts of misconduct; (b) unruly public behaviour; and (c) inappropriate comments which are detrimental to the interests of the game.
"When assessing the seriousness of the offence, the context of the particular situation, and whether it was deliberate, reckless, negligent, avoidable and/or accidental, shall be considered.
"Further, the person lodging the Report shall determine where on the range of severity the conduct lays (with the range of severity starting at conduct of a minor nature (and hence a Level 1 Offence) up to conduct of an extremely serious nature (and hence a Level 4 Offence)."
Since it is a Level 1 offence there was no need for a hearing.
Parag, who has not had the best of times with the bat this IPL, was seen inhaling an e-cigarette, also known as vaping, in the dressing room during the live broadcast of their game against Punjab Kings. Royals won the game to end Kings' unbeaten run in the tournament.
This is not the first controversy to hit the Royals this season. Earlier this month, team manager Romi Bhinder was fined Rs one lakh for breaching PMOA protocol after being found using his phone in the dugout.
IPL and BCCI officials involved in the conduct of the IPL termed it as a careless act in the age of social media and prying TV cameras.
Royals next host Delhi Capitals at home on Friday night.
