Malegaon blasts: Bombay HC rejects Purohit’s challenge to prosecution under UAPA
The Bombay High Court has rejected petitions filed by Lt Col Purohit and Sameer Kulkarni challenging the sanction for prosecution granted under the UAPA in the Malegaon blasts case of 2008.
The duo challenged the sanction for prosecution granted by the Maharashtra government under the UAPA. They contended that the sanction for prosecution was given without the appointment of an appropriate authority.
The sanction was given by the state law and judiciary department in the case without having received a report from the appropriate authority, they argued.
"In this case, the sanction was given in January 2009, but the authority was appointed only in October 2010. Hence, the sanction order stands vitiated," the petitioners submitted.
The National Investigation Agency, however, objected to the petition and said that the same is not maintainable. The agency said that the same contention was raised in the trial court and orders to this effect have been reserved for December 21.
The court accepted the contention of the NIA and rejected the petitions.