A special National Investigation Agency (NIA) court on Wednesday deferred the framing of charges against Lt Col Prasad Shrikant Purohit and other accused persons in the 2008 Malegaon blasts case.
A day after the Bombay High Court directed the special NIA court to consider the applicability of the Unlawful Activities Prevention Act (UAPA) against Purohit before framing the charges against him, the special NIA court Judge Vinod Padalkar postponed the framing of charges against him and other accused in the blasts case.
After the lawyers of Purohit and former Major Ramesh Upadhyay raised the issue and urged the court to decide on the UAPA applicability issue before framing charges against them, the Judge adjourned the matter and said he would hear arguments from all the accused on this from Monday next.
While refusing to stay the framing of charges against Purohit in the 2008 Malegaon blasts case, a HC bench of Justices Mridula Bhatkar and Sandeep Shinde had on Tuesday ordered that before framing of charges against him in the case, the special NIA court consider and decide on Purohit’s objection to the sanction granted by the Maharashtra government in January 2009 for his prosecution under section 45 (2) of UAPA.
“Since the Supreme Court has directed to expedite the trial before the Special Court, it may not be appropriate to stay the trial.
“However, before framing the charge, the Special Court is bound to consider the order passed by the Supreme Court on 20/04/2018 and to consider and decide the objection to sanction under Section 45 (2) of the Unlawful Activities (Prevention) Act, 1967 taken by the defence after affording a reasonable opportunity of hearing to the parties and then proceed further,” the HC bench ruled in Purohit’s case.
The high court had passed this order while hearing an application filed by Purohit seeking quashing of the order passed by Judge Vinod Padalkar of the special NIA Court rejecting his application for framing of charges against him in the 2008 Malegaon blasts case.
On December 27, 2017, a Special NIA court had dropped charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against Sadhvi Pragya Singh Thakur, Lt Col Prasad Purohit and five other key accused in the much-discussed case.
However, Additional Sessions Judge SD Tekale had rejected the applications of key accused Sadhvi Pragya, Purohit, Sameer Kulkarni, Ramesh Upadhyay and Sudhakar Dwivedi for discharge from the case.
The seven accused against whom MOCCA charges were dropped, but continue to face charges under Unlawful Activities Prevention Act (UAPA) are: Sadhvi Pragya, Purohit, Dwivedi, Major (Retd) Ramesh Upadhyay, Sameer Kulkarni, Sudhakar Chaturvedi and Ajay Rahirkar.
Two other accused Rakesh Dhawde and Jagdish Mhatre will be tried under only under the Arms Act.
The Judge had, however, discharged three accused Pravin Takalki, Shyamlal Sahu and Shivnarayan Kalsangra from the 2008 Malegaon blasts case.
Sadhvi Pragya and Purohit were among the 11 persons charge-sheeted by the ATS on January 20, 2009, in connection with 2008 Malegaon blasts.
It may be recalled that an improvised explosive kept under the seat of a LML Freedom motor-bicycle had exploded between Bhikku Chowk and Anjuman Chowk, near Noorani Masjid, at Malegaon in north Maharashtra, on the night of September 29, 2008, leaving six persons dead and injuring 101 others.