Bombay HC rejects Purohit's challenge to UAPA charges

Mumbai: The Bombay high court has dismissed a petition filed by Lt Col Shrikant Prasad Purohit and Sameer Kulkarni in the 2008 Malegaon blast case. The accused had challenged the sanction issued by the state government to prosecute them under the charges of Unlawful Activity Prevention (UAPA) act. The court rejected their plea, saying that the trial court will first decide on the issue of sanction and the accused duo can later approach the higher court. Both the accused are currently out on bail.   

On September 29, 2008, six people had died, and 100 were injured in the blast in Malegaon. The Maharashtra Anti-Terrorism Squad (ATS) had arrested 11 accused including Sadhvi Pragya Singh and Purohit. Earlier this year Sadhvi Pragya Singh was released on bail by the high court.

Purohit’s lawyer Shrikant Shivde argued before the court that as per UAPA act investigation agency must obtain sanction from the state government to prosecute accused under it. He added that according to UAPA act the state government must form an authority and seek a report from it but in the 2008 Malegaon blast case the state had given sanctioned in 2009 and constituted authority in the October 2010 therefore sanction issued by the state is wrong.

NIA lawyer Sandesh Patil countered the claim, saying that when Purohit had approached the high court for a bail, the court had rejected his bail saying that charges levelled against him are “serious and grave”. He added that Purohit had raised the issue of sanction in his bail application, but the court in its order clearly said that it would not deal with it and suggested that he can raise the issue before the trial court. Mr Patil also argued that when Purohit got bail, the apex court had said that the issue of sanction should be raised before the trial court.