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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Sharad Pawar's 'merger with Cong' remark shows it's difficult for him to run his party,says Fadnavis
Mumbai, May 8: NCP founder Sharad Pawar's remark on regional parties' possible merger with the Congress shows it has become difficult for him to manage his own party, Maharashtra Deputy Chief Minister Devendra Fadnavis said on Wednesday.
Chief Minister Eknath Shinde latched on to Pawar's comment to target Shiv Sena (UBT) chief Uddhav Thackeray, saying the latter has already become "Congress-minded".
Another leader of the ruling 'Mahayuti' in Maharashtra said Pawar's remarks reflect that ground was slipping from under his feet in his home turf Baramati and the only option before him was merging his party with the Congress.
In an interview to The Indian Express, Pawar said that in the next couple of years, several regional parties will associate more closely with the Congress or may look at the option of merger with it if they believe that is best for their party.
To a question if that applied to his own party, Pawar told the newspaper that he doesn't see any difference between the Congress and his party because both belong to the Gandhi, Nehru line of thinking.
Pawar made it clear that any decision on strategy or the next step will be taken collectively. He also said that his party is close to the Congress ideologically and that Uddhav Thackeray is positive about working together with like-minded parties.
Asked about Pawar's remark, Shinde said the Shiv Sena (UBT) has already become Congress-minded.
"Pawar is a big leader and he makes such statements. But the Sena (UBT) faction has already become Congress as they speak the language of the Congress and Pakistan," Shinde, who heads the ruling Shiv Sena, said.
"Just the formality (of merger between them) is remaining," he added.
Fadnavis said that through his remark, Pawar might be suggesting that it was difficult for him to run his party and hence he may opt to merge it with the Congress.
"It is nothing new because Pawar has formed new parties and later merged them with the Congress," he said.
Former Congress leader Sanjay Nirupam, who recently rejoined the ruling Shiv Sena led by CM Shinde, said Pawar has been thinking about merging his party with the Congress for a long time and even the Congress had given the proposal to this effect to him.
"But Congress rejected the proposal to entrust the leadership to Supriya Sule. Pawar's fresh comment suggests that the ground is slipping from under his feet in Baramati. Even if that is not the case, he has no option but merge his party with Congress which will be seen as a merger of two loss-making companies," the former MP said.
BJP leader Prasad Lad asked whether the Sena (UBT) will merge with the Congress along with the Sharad Pawar-led party.
"Uddhav Thackeray has stopped saying 'My Hindu brothers and sisters' at the outset of his speeches. He has become friends with those who criticise Veer Savarkar. Only time will tell whether Thackeray will merge his party with Congress," he said.
NCP (SP) working president Supriya Sule said her father made a generic statement.
Leader of Opposition in the state assembly and senior Congress leader Vijay Waddetiwar said there was truth in what Pawar said.
"He has a long-term vision. People are fed up with the dictatorial regime and want a change of guard," he said, targeting the BJP-led government.
Chhagan Bhujbal of the Ajit Pawar-led NCP said he doesn't think regional parties will merge with the Congress.
"They are strong in their respective states and have formed governments in West Bengal and Odisha," he said, referring to the Trinamool Congress (TMC) and the Biju Janata Dal (BJD).
The NCP founded by Sharad Pawar in 1999 split in July 2023 after his nephew Ajit Pawar rebelled against him and joined the Eknath Shinde-led government. The Election Commission and assembly speaker later recognised the Ajit Pawar-led faction as the "real NCP" and allotted the clock symbol to it, while the NCP (SP) group was given 'man blowing turha' as the symbol.
