Bombay HC refuses to stop framing of charges in Malegaon 2008 case
Mumbai, Sep 4 : The Bombay High Court on Tuesday declined to stay a lower court order for framing of charges in a case against Lt. Col. Srikant P. Purohit and 13 other accused in connection with the 2008 Malegaon blast.
Purohit had challenged the decision of the lower court in the high court, seeking a stay on the framing of charges on September 5, the critical pre-trial process in the case.
On August 29, Special Judge Vinod Padalkar of the NIA Special Court had ruled that charges would be framed against Purohit and the remaining 13 accused in the Malegaon case.
Besides challenging the Special Court order, Purohit also sought a stay on the proceedings until the court finally decided on the applicability of the Unlawful Activities (Prevention) Act, under which all the 14 main accused, among them Sadhvi Pragnya Singh Thakur, have been charged, besides provisions of the Indian Penal Code and other laws.
He also questioned the sanction granted by the Maharashtra government in January 2009, for his prosecution and the dismissal of his plea seeking a discharge from the case by the Special Court in December 2017.
The development came exactly 10 years after a powerful low-intensity bomb planted on a motorcycle ripped through a crowded Muslim-majority locality of Malegaon town in Nashik, on September 29, 2008, killing seven and injuring over 100 people.
Purohit, who was granted bail in 2017 after spending nine years in custody, is currently posted at the Military Station in Colaba, south Mumbai.
The 14 accused (including Purohit) are: a former Major Ramesh Upadhyay, Sadhvi Pragnya Singh Thakur, a self-proclaimed seer, Sudhakar Dwivedi alias Dayanand Pandey, Rakesh Dhawde, Sameer Kulkarni, Sudhakar Chaturvedi, Pravin Takalki, Shivnarayan Kalsangra, Shyam Sahu, Ajay Rahirkar, and Jagdish Mhatre, besides two absconders, Sandeep Dange and Ramchandra Kalsangra.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Punjab CM Mann meets President Murmu, seeks cancellation of membership of 6 RS members
Chandigarh (PTI): Chief Minister Bhagwant Mann on Tuesday met President Droupadi Murmu, demanding the termination of the membership of six Rajya Sabha MPs from Punjab who defected to the BJP and also pressed for the introduction of a constitutional provision allowing for the recall of members.
Accompanied by party MLAs and ministers, Mann visited Rashtrapati Bhavan in Delhi.
This meeting followed a significant setback for the Aam Aadmi Party (AAP) on April 24, when seven of its 10 Rajya Sabha MPs -- Raghav Chadha, Ashok Mittal, Sandeep Pathak, Harbhajan Singh, Rajendra Gupta, Vikramjit Sahney and Swati Maliwal -- quit and merged with the BJP, alleging that the party had strayed from its principles, values and core morals. Six of the seven MPs who left AAP hailed from Punjab.
After he met with the President, Mann addressed the media here, describing the departure of the seven MPs as a "murder" of the Constitution. He stated, "Seven MPs merging with another party is completely unconstitutional. I spoke to Rashtrapati ji in detail."
Mann pointed out that he told the President that the BJP holds only two MLA seats (in Punjab), yet now has six MPs in the Rajya Sabha. He questioned, "How can this be possible? Isn't it a mockery of the Constitution?
"If they are such revolutionaries at heart, then they should have resigned from their six seats. The AAP could have sent someone else," Mann said, taking a swipe at them.
He emphasised the need for a recall provision in the Constitution, referencing MP Raghav Chadha's previous demands for such a measure when members fail to meet public expectations.
"Have you lived up to the expectations of the people?" Mann challenged the MPs during his statement.
Mann also presented a letter to the President, signed by all AAP MLAs. He differentiated between the terms 'elected' and 'selected,' stating, "They were 'selected.' Therefore, their membership should be cancelled."
The President assured Mann that she would consult constitutional experts before responding.
Earlier in the day, Mann, along with party MLAs, departed for Delhi from Chandigarh.
Speaking to reporters in Chandigarh, Mann affirmed that all AAP MLAs stand united with the party. "Only I have been given time for the meeting," Mann said.
"The President is the guardian of the Constitution. She is the constitutional head of the country," he added.
Later in a post on X in Hindi, Mann said, "Our struggle to protect Punjab's rights and interests continues. Today, along with all AAP MLAs, I have left to discuss Punjab's burning issues and present the state's strong voice before the President.
As your public servant, our government remains fully committed to Punjab's prosperity and the safeguarding of the rights of every section of society."
The MLAs and ministers gathered at the chief minister's residence in the morning before heading to Delhi, carrying placards that read 'Punjab Mann De Naal' and 'Punjab's Traitors.'
The legislators left for Delhi in buses.
Mann had previously sought an appointment with the President to meet with party MLAs and demand the "recall" of the Rajya Sabha MPs who defected to the BJP. However, only Mann was given a time slot for the meeting.
