Bombay HC declines to stay framing of charges against Purohit in Malegaon blast case
Mumbai, Oct 29 : The Bombay High Court Monday refused to stay framing of charges by the trial court against Lt Col Prasad Shrikant Purohit and other accused persons in the 2008 Malegaon bomb blast case.
A bench of Justices S S Shinde and AS Gadkari, however, agreed to hear next month, a petition filed by Purohit, one of the seven accused in the case, challenging his prosecution under the Unlawful Activities (Prevention) Act (UAPA).
It directed the National Investigation Agency (NIA) counsel Sandesh Patil to file a reply to Purohit's plea by November 21, the next date of hearing.
The bench refused Purohit's request for staying the proceedings in the trial court, noting that in the past, both the Supreme Court and the Bombay HC had passed orders directing the trial court to expedite the hearing in the case.
Framing of charges is a process after which the trial in a criminal case starts.
The trial court, the special NIA court in the present case, is scheduled to begin framing of charges against Purohit and other accused Tuesday.
Six persons were killed and over a 100 injured when an explosive device strapped on a motorcycle went off near a mosque in Malegaon, a power loom town located about 200 km from here in North Maharashtra, on September 29, 2008.
Besides Purohit, the other accused case are Pragya Singh Thakur, Major (retd) Ramesh Upadhyay, Sameer Kulkarni, Ajay Rahirkar, Sudhakar Dwivedi and Sudhakar Chaturvedi.
All of them will face trial under the UAPA since earlier this month, the special NIA court had rejected their pleas on the applicability of the anti-terror law against them.
On December 27 last year, the special NIA court had dismissed the pleas filed by Purohit, Thakur and the others seeking that they be discharged from the case.
Discharge is a pre-trial process in a criminal case.
At the time, the special court had dropped stringent charges under the Maharashtra Control of Organised Crime Act (MCOCA) against the accused, but had said they will face charges under the UAPA and other sections of the Indian Penal Code (IPC), including murder and criminal conspiracy.
Purohit, however, has argued through his counsel Shrikant Shivade that he cannot be prosecuted in the case since the sanction granted by the government to prosecute him was "wrong in law".
A prior government sanction for Purohit's prosecution was required since he was a serving army officer at the time of his arrest.
On January 17, 2009, such a sanction was issued by the Additional Chief Secretary of the Maharashtra home department.
Shivade, however, has maintained that under the UAPA, the state law and judiciary department, which is the sanctioning authority, has to constitute an appropriate authority and seek its report first.
In his case, the sanction was given in January 2009, but the authority was appointed only in October 2010, he has argued. The sanction in Purohit's case thus, was not valid under the UAPA, Shivade has maintained.
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No hurdle to increase Almatti Dam height, says Deputy CM Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Thursday said there is no legal impediment to issuing a notification for the Upper Krishna River Phase-3 project, including raising the height of the Almatti dam, and indicated that the state would soon take a decision after consultations.
Speaking to reporters here after his recent Delhi visit, he also said an all-party meeting may be convened in the state even as there was broad political consensus on taking up irrigation issues with the Centre.
“There is no legal hurdle to issuing a notification for increasing the height of the Almatti dam, and there is no stay order either, as stated by legal experts. We will take our own decision soon. An all-party meeting may also be convened in the State,” Shivakumar, who holds the water resource portfolio, said.
He said 24 Members of Parliament from Karnataka attended a meeting held in Delhi, cutting across party lines except the Janata Dal (Secular), where various irrigation issues were discussed.
“We stayed in Delhi for two days and held a meeting of the State’s Members of Parliament. A total of 24 MPs attended. Except for the Janata Dal (Secular), MPs from the BJP, Congress, Independents and nominated members were present. I briefed them about the status of several irrigation projects in the State,” he said.
Shivakumar said several leaders offered suggestions and an all-party delegation would meet the Prime Minister and the Union Water Resource Minister C R Patil.
“Jagadish Shettar, Govind Karjol, Basavaraj Bommai and P C Mohan offered certain suggestions. Union ministers from Karnataka V Somanna and Pralhad Joshi said they could not attend and requested another meeting. It has been decided to take an all-party delegation to meet the Prime Minister and C R Patil. There is consensus on this,” he said.
Referring to legal consultations, he said, “In this matter, our legal advisors Mohan Katarki, retired judge Nagamohan Das and the Advocate General have given some useful inputs. We will take a decision soon.”
On urban development issues, he said the State has taken up concerns with the Centre regarding building norms. “We have brought to the notice of the Civil Aviation Minister the differences in premium FAR and building height regulations between our state and others. We will soon meet the Defence Minister as well. We have explained the issues faced by our state, and all have responded positively,” he said.
On the proposal for a second airport in Bengaluru, Shivakumar said it would be examined by the Cabinet.
He said state Minister M B Patil has submitted a proposal, and opinions have also been given. It needs to be placed before the Cabinet to discuss the pros and cons.
Issues like land acquisition, finances and other aspects must be examined. A study has been conducted and a report submitted, he added.
The Deputy CM said central aviation authorities have also provided a report on global standards regarding building height restrictions. The state government will take a decision after reviewing that report.
On the upcoming assembly by-elections in Bagalkote and Davangere, Shivakumar, who is also the Congress Karnataka unit president, said candidate selection would be decided by the party high command.
“Over the last two months, I have collected reports from booth level to all levels. Our leaders have visited and given their opinions. I have also spoken to some people. AICC secretaries will arrive in the next two to three days. The Chief Minister and I have discussed what needs to be done in the two constituencies. I cannot disclose it publicly. We will present our views in the interest of the party. ‘B’ forms will be distributed as per the decision of the high command,” he said.
Ruling out any preference for family members, he said, "Family is not important here. The party must win and that is what matters."
He noted that multiple stakeholders, including minorities, have claims that need to be balanced through discussions.
Shivakumar also told reporters that discussions on Assam elections were held with party leaders and another meeting would be conducted through video conference, following which a campaign schedule would be finalised.
Responding to demands for a Cabinet reshuffle, Shivakumar said there was nothing wrong in aspirations.
On whether it would be a reshuffle or power-sharing exercise, he said, “Time will decide.”
He also declined to comment on reports of a separate meeting with Priyanka Gandhi.
“I will not discuss that. I will not reveal whom I met or what I discussed. Time will decide,” he said.
On AICC General Secretary K C Venugopal’s statement that there was no vacancy for the Chief Minister’s post, Shivakumar said, “Yes, he has said there is no vacancy. He has also said that the party and MLAs will take a decision.”
