In a development in the 2008 Malegaon blasts case, BJP MP Sadhvi Pragya Singh Thakur and Sameer Kulkarni, both accused in the case, on Thursday withdrew their discharge applications pending before the Bombay High Court, after the court wondered as to how their applications could be considered since the trial already begun and more than 200 witnesses had been examined.
Lt. Col. Prasad Purohit, another accused in the case, withdrew his petition challenging the trial court’s order rejecting his discharge plea on the alleged ground that the sanction to prosecute him obtained under the Unlawful Activities (Prevention) Act was defective.
The three accused withdrew their applications after the high court questioned them as to how their pleas could be considered since the trial had already begun and more than 200 witnesses had been examined and said that it “cannot set the clock back”.
Advocate Prashant Maggu, appearing for Sadhvi Pragya and Kulkarni, also reasoned that since the charges had already been framed against the accused and 289 witnesses had already been produced before the trial court, it would not be right for them to press for discharge from the case at this juncture and so they decided to withdraw their plea.
In 2018, Sadhvi Pragya, Kulkarni and Purohit had moved the high court seeking discharge in the case after it was rejected by the special NIA court in 2017.
However, owing to the Covid-19 pandemic, the petitions of Sadvi Pragya and Kulkarni had not come up for hearing until now. However, in Purohit’s, his lawyers had already argued his discharge plea and the order was reserved in the case.
On Monday, a HC bench of Justices Ajey S Gadkari and Prakash D Naik, hearing Purohit’s plea, asked the three accused why the court should hear the discharge pleas when more than 200 witnesses had already been examined. Sadhvi Pragya had claimed that the prosecution could not obtain proper sanction in view of her being an MP.
On Thursday, Sadhvi Pragya and Kulkarni withdrew their pleas, while Purohit's legal team said that since the sanctioning authority would be cross-examined by them in the trial court, it would not press for it to be heard now by the high court.
Sadhvi Pragya, Kulkarni and Kulkarni are three of the seven accused who are being tried by Special Court under the Unlawful Activities Prevention Act (UAPA) and various other sections of the IPC for their alleged involvement in the 2008 Malegaon blasts.
On October 30, 2018, the special court in Mumbai had framed charges against Sadhvi Pragya and six other accused in the 2008 Malegaon case.
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.
On October 30, 2018, a special court in Mumbai framed charges against Sadhvi Pragya Singh Thakur, Lt Col Prasad Shrikant Purohit, Kulkarni and four other accused under the Unlawful Activities Prevention Act (UAPA) and various other sections of the IPC for their alleged involvement in the 2008 blasts.
Seven key accused, including Lt Col Purohit and Sadhvi Pragya, are being tried under sections 16 (committing a terror act) and 18 (criminal conspiracy) of the Unlawful Activities Prevention Act (UAPA), and sections 120(b) (punishment of criminal conspiracy), 302 (murder), 307 (attempt to murder) and 326 (intentionally causing harm to others) of the IPC. They are also being tried for charges under the Explosives Substances Act.
If convicted under these sections, the maximum punishment can be life imprisonment or death.