Mumbai: The special NIA court on Saturday rejected the application filed by 2008 Malegaon bomb blast case accused Col Prasad Shrikant Purohit challenging the applicability of Unlawful Activities Prevention Act (UAPA) on the case. The judge rejected the application with observation that the sanction granted for UAPA was valid and contention of accused that sanction was not valid would be decided at the time of trial.
The accused had demanded a stay of four weeks on this order. However, the judge rejected this application and posted the matter on October 26 for framing of charges.
Purohit had approached the high court raising the issue of sanction and seeking to restrain the trial court from framing charges against him however, refusing to allow his application, the HC had asked the trial court to look into the issue raised by him.
He had contended that a prior sanction to prosecute him was required since he is a serving army officer. The additional chief secretary of the Maharashtra home department had granted sanction on January 17, 2009 and another sanction was granted on April 20, 2011 but according to Purohit these sanctions are not valid.
Special public prosecutor Avinash Rasal opposed the application saying the sanction was valid and this issue cannot be decided at this stage. He contended that the application was made to delay the trial the issue is serious and hence it should be rejected.
Nisar Ahmed, father of a youth who died in the blast, also intervened in the matter and opposed Col Purohit’s application through advocate Sharif Shaikh.
NIA judge V.S. Padalkar while rejecting Purohit’s application observed that both the sanction orders are valid. “Legality will be decided at the time of trial, after giving an opportunity to the Sanctioning Authority to enter into the witness box,” observed the judge adding that the home department was empowered to issue the sanction and the director of prosecution is also an independent authority to review the matter.
