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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PM Modi takes stock of situation after blast near Red Fort, speaks to Amit Shah
New Delhi (PTI):Prime Minister Narendra Modi said he has reviewed with Home Minister Amit Shah and other officials about the situation following the explosion near the Red Fort metro station on Monday that claimed eight lives, and assured people that those affected are being assisted by the authorities.
The high-intensity explosion in the area milling with people also injured 24. They have been taken to the LNJP hospital, a few kilometres away.
"Condolences to those who have lost their loved ones in the blast in Delhi earlier this evening. May the injured recover at the earliest," PM Modi said on X.
"Those affected are being assisted by authorities. Reviewed the situation with Home Minister Amit Shah Ji and other officials," he added.
Earlier, government sources said PM Modi had taken stock of the situation and spoken with Shah, and taken an update.
Videos shared by the Chandni Chowk Traders' Association revealed the magnitude of the blast. A mangled body could be seen lying on a vehicle, while another clip showed a body lying on the road. Eyewitnesses said body parts could be seen scattered near the blast site.
A high alert has been sounded in Delhi, and security has been beefed up at city border points, with vehicle checking intensified.
Delhi Police Commissioner Satish Golcha said the car, in which the blast took place, had some occupants.
According to a senior police officer, "The blast occurred in a moving Hyundai i20 car in which three people were sitting. We have not found any pellet or puncture in the body of the injured, which is unusual in a bomb blast. We are investigating all angles."
Police sources said the car was registered in the name of one Nadeem Khan and bore a Haryana number plate.
Ten fire tenders were rushed to the spot as police cordoned off the area, the Delhi Fire Services said. The blaze caused by the blast was brought under control by 7.29 pm, officials said.
According to a fire department official, six cars, two e-rickshaws and one autorickshaw were gutted in the fire.
The blast was so powerful that it shattered the window panes of vehicles parked several metres away, and the sound was heard at ITO, a few kilometres from the site.
