Malegaon Blast Case: SC asks Bombay HC to hear Lt Purohit’s plea on 21 Nov
New Delhi, Nov 19: The Supreme Court on Monday asked Bombay High Court to hear on November 21, Lt Col Prasad Shrikant Purohit's plea challenging the validity of the prosecution sanction for his trial under the Unlawful Activities Prevention Act (UAPA).
He said that the Army had also admitted in writing that he was attending certain meetings, which are alleged to be conspiracy meetings, in pursuance of the discharge of his duty. He said that he did this while keeping his superiors informed. As an officer in the Intelligence Corps, I have taken part in many operations and won many accolades he contended. Purohit is an accused in the 2008 Malegaon blasts case, in which six people were killed and 100 others injured. Last year, he was granted bail by the Supreme Court after spending nine years in jail.
He is currently attached to the Colaba Military Station in Mumbai. Purohit contended that the HC had erred in ignoring the settled law that in the absence of valid sanction prior to prosecution cannot be regarded as a mere technical defect and can be raised at any stage. The entire prosecution is vitiated because of non-compliance of mandatory provision of Unlawful Activities (Prevention) Act and (Recommendation and Sanction of Prosecution) Rules 2008.
The record clearly shows that the provisions under Section 45 (2), which is an important safeguard against misuse of stringent Act, has been deliberately bypassed by the ATS.