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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Speaker UT Khader attends local cricket tournament during Bhatkal visit
Bhatkal: Speaker of the Karnataka Legislative Assembly U. T. Khader visited Bhatkal in Uttara Kannada district on Saturday and attended a local cricket match being played as part of a tournament organised by the Cosmos Sports Centre of Bhatkal.
After attending a programme at Anjuman Hami-E-Muslimeen, Khader proceeded to the Bhatkal Taluka Stadium, where the tournament is underway. He was accompanied by office-bearers of the Cosmos Sports Centre and several local community leaders.
Those present during the visit included President of Majlis-e-Islah Wa Tanzeem and former JD(S) leader Inayathullah Shabandri, Vice President of Tanzeem Atiqur Rahman Muniri, General Secretary Abdul Raqeeb MJ, President of Cosmos Sports Centre Ismail Anjum, Managing Director of Mohtisham Complexes S. M. Arshad, former president of the Bhatkal Muslim Youth Federation Imtiyaz Udyawar, among others.
Addressing players and organisers, Khader extended his best wishes to the participating teams and urged the players to uphold the spirit of sportsmanship. He said such tournaments help promote unity and brotherhood among the youth.
The cricket tournament began on November 21 and will conclude with the final match on December 21. It is being organised as part of the golden jubilee celebrations of the Cosmos Sports Centre.
Cosmos Sports Centre is one of the member clubs of the Bhatkal Muslim Youth Federation and is known for its active role in promoting sports in the town. Apart from sporting activities, the centre is also involved in various social and community initiatives, including efforts to promote education among students.
