After eight years and eight months in jail, lieutenant Colonel Prasad Shrikant Purohit got bail in the 2008 Malegaon blasts from the Supreme Court on Monday. The apex court ordered the release of Purohit on furnishing a personal bond of Rs 1 lakh with two sureties of like amount as it felt that the trial is likely to take a long time.
The SC directed him to appear in court and cooperate with investigations as and when required. In addition, the court restrained him from leaving the country without prior permission from the concerned trial court and directed deposit of his passport before his release on bail. Soon after the judgment, Purohit’s wife Aparna broke down. Happy that her husband will be finally home, she told mediapersons, “I am really thankful to the court but more happy that he will be home and with children.”
The Army will review Purohit’s case following the grant of bail to him. Till then, the officer will remain under suspension and attached to an Army unit. He will be placed under Open Arrest wherein his movements will be restricted wherever he is posted and will be allowed to put on his uniform. Moreover, he will be entitled to 75 per cent of his total salary while under suspension.
Purohit will report to the Commanding Officer (CO) of his parent unit from where he was suspended, said officials, adding the officer will be attached to that unit. He was serving a stint in the liaison unit of Pune-based Southern Command.
The senior Army officer, accused as one of the main conspirators in engineering the blasts that killed seven persons, had lost before the Special Court in Maharashtra and the Bombay High Court.
However, in the Supreme Court senior advocate Harish Salve represented his case and argued that the Army officer was caught in a political crossfire. He submitted that as a Military Intelligence officer his job was to pass on information to his seniors. The National Investigation Agency (NIA) opposed his bail claiming it had sufficient material to prove he was the main conspirator.
Brushing aside the objection, the apex Bench of Justices RK Agrawal and Abhay Manohar Sapre said, “There are material contradictions in the charge sheets filed by the ATS Mumbai and the NIA which are required to be tested at the time of trial and this Court cannot pick or choose one version over the other. liberty of a citizen is undoubtedly important but this is to balance with the security of the community.”
In addition, the Bench said right to bail should not be denied “merely because of the sentiments of the community against the accused.”
The incident took place on September 29, 2008 and Purohit has been jail since November 5, 2008. Although the ATS that initially probed the case filed chargesheet against Purohit, Sadhvi Pragya Thakur and several others, holding them guilty even under the Maharashtra Control of Organised Crime Act (MCOCA), the NIA in April 2011 dropped MCOCA charges against all accused and even gave Pragya Thakur a clean chit.
The court noted that Purohit had disclosed details of the conspiracy to his superior officers in Military Intelligence. Documents filed by the Ministry of Defence and the papers of the Court of Enquiry conducted by the Army substantiated this fact.
Purohit was placed under suspension soon after his arrest in accordance with Defence Service Regulations (DRS). Para 349 of DRS stipulates that an officer arrested by the civil authorities on a criminal charge may be suspended from duty from the date of his arrest, depending upon the nature of the offence and the extent of his involvement, officials said here.
Explaining the concept of Open Arrest, officials said Purohit may have to undergo it. In Open Arrest, his movements are restricted in the unit where he will report for duty. He cannot take part in public functions or entertainment activities in the cantonment and will have to exercise within stipulated confines. Any relaxation regarding curbs will be taken by the Commanding Officer, they said.
Purohit will have to put on his uniform but can also don civvies as per DRS, they said.
As regards assigning him any responsibility, they said that decision will also depend on the review. This process through proper chain of command will take some time, they pointed out.