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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SGPC writes to Mann, seeks ban on 'Emergency' in Punjab a day before release
Amritsar, Jan 16 (PTI): The SGPC on Thursday wrote to Punjab Chief Minister Bhagwant Mann, seeking a ban on the release of Kangana Ranaut's movie 'Emergency' saying it "tarnishes" the image of Sikhs and "misrepresents" history.
Actor and BJP MP Ranaut's 'Emergency' is slated to release in cinemas on January 17.
In the letter to Mann, Shiromani Gurdwara Parbandhak Committee chief Harjinder Singh Dhami expressed strong objection to Ranaut's film.
Dhami said that if the film is released in Punjab, it will spark "outrage and anger" in the Sikh community and therefore it is the responsibility of the government to ban its release in the state.
The SGPC, an apex gurdwara body, had earlier also protested the film.
"It has come to our attention that the movie 'Emergency' produced by BJP MP Kangana Ranaut is going to be released on 17th January 2025 in cinemas in different cities of Punjab and the tickets have also started to be booked," its letter to Mann read.
Dhami said the SGPC had also protested the release of the movie in a letter to the Punjab Chief Secretary on November 14 last year.
"But it is sad that the Punjab government has not taken any step till now. If this film is released on January 17, 2025, then it is natural to create outrage and anger in the Sikh world," the current letter read.
Dhami said the SGPC will submit a letter also to all the deputy commissioners in Punjab, seeking a ban on the film in the state.
The SGPC denounced the "character assassination" of Jarnail Singh Bhindranwale, the Khalistani militant killed in 1984 in a military operation.
"If this film is released in Punjab, we will be forced to strongly oppose it at the state level," Dhami said.
In August last year, the SGPC sent a legal notice to the producers of the 'Emergency' film, alleging that it "misrepresented" the character and history of Sikhs, and asked them to remove the objectionable scenes depicting "anti-Sikh" sentiments.
In the notice, the producers of the film, including Kangana Ranaut, were asked to remove the trailer released on August 14 from all public and social media platforms and tender a written apology to the Sikh community.
The SGPC objected to film writing separate letters to the Minister of Information and Broadcasting and the Central Board of Film Certification.
