Mumbai: A special NIA court on Wednesday deferred framing of charges against Lt. Col. Prasad Shrikant Purohit and other accused persons in the 2008 Malegaon blast case till Monday. During the hearing, Purohit and other accused raised objections to the validity of sanction for their prosecution under the Unlawful Activities Prevention Act (UAPA).
One of the accused, former Major Ramesh Upadhyay, argued that it should be first decided whether the UAPA was applicable to them or not before the trial commenced. The arguments will be heard on a day-to-day basis, starting with Purohit, said Judge Vinod Padalkar.
On Tuesday, the Bombay high court rejected Purohit’s plea to restrain the trial court from framing charges against him and other accused in the case.
In his plea, Purohit urged the high court to stay the framing of charges until such time the issue of sanction for his prosecution was decided by the HC. The high court had on December 18, 2017, refused to quash the government sanction for Purohit’s prosecution. He then approached the Supreme Court, which, too, refused to intervene in the case on April 20.
Prior sanction for Purohit’s prosecution is required as he was a serving Army officer at the time. The sanction was issued on January 17, 2009 by the additional chief secretary of the Maharashtra home department.
