HC refuses to stay trial in 2008 Malegaon blasts case

MUMBAI: The Bombay high court (HC) on Tuesday refused to stay trial in the 2008 Malegaon bomb blast case.

The division bench of justice SS Shinde and justice Mridula Bhatkar has, however, directed the special NIA court to decide the issue of validity of sanction to prosecute Lt Col Prasad Purohit before proceeding for framing of charges. The special court is slated to start trial in the case by framing charges against the accused on Wednesday. Purohit had approached HC seeking deference of framing of charges against him until the time the issue of sanction to prosecute him was decided.

The army officer claimed that he has been maliciously arrested and being prosecuted in the bomb blast case, “as he was acting in due discharge of his duties and as such could not have been prosecuted without sanction under section 297 of the Criminal Procedure Code.” His counsel, advocate Shrikant Shivade, pointed out that the Apex Court had in April 2018, while deciding his bail plea, observed that the trial court will decide the issue of sanction at the time of framing of charges, but the special court has refused to decide the issue of sanction and instead wanted to proceed with framing of charges.

Shivade then urged HC to stay the framing of charges, scheduled by the trial court on Wednesday, and order it to first decide his objection as regards want of sanction.

It was also pointed out on behalf of Purohit that Unlawful Activities (Prevention) Act has been amended recently and amended section 45(2) requires prior sanction to prosecute a government employee. But, the trial court in August 2018 rejected his plea raising objection of want of sanction to prosecute him. The high court, however, refused to stay the proceedings before the trial court saying, “It would not be appropriate to stag the proceedings, as SC has expedited the trial.” It has instead directed the trial court to consider the issue of sanction to prosecute Purohit, as observed by the Apex Court.

The special NIA court will have to first decide if sanction was required to prosecute Purohit, and will have to discharge the army officer for want of sanction, if it holds that sanction was necessary.