SC asks HC to hear accused's plea on sanction to prosecute
The bench, also comprising justices S.K. Kaul and K.M. Joseph, asked the high court to deal with
Mumbai: The Supreme Court on Monday asked the Bombay high court to hear the plea of Lt. Col. Prasad Shrikant Purohit that he was being prosecuted for terror charges under the stringent Unlawful Activ-ities (Prevention) Act (UAPA) without any valid sanction.
Senior advocate Harish Salve, appearing for Purohit, told a bench headed by chief Justice Ranjan Gogoi on Monday that the trial court had framed charges against him without properly considering his plea that there was no valid sanction to prosecute him.
The bench, also comprising justices S.K. Kaul and K.M. Joseph, asked the high court to deal with
Purohit’s plea on November 21. “The issue raised in the present petitions is being considered by the HC on November 21. “In view of the same, we do not consider it necessary to entertain the special leave petitions, and instead request the HC to hear and decide the matter on the date fixed. The special leave petitions are, accordingly, dismissed,” the apex court noted in the order.
The apex court had, on April 20, granted Purohit the liberty to raise the issue of grant of sanction to prosecute him under the UAPA before the trial court at the time of framing of charges. However, the trial court had rejected Purohit’s plea on sanction and had framed charges against him.