HC declines to stay framing of charges against Purohit

The Bombay High Court on Monday refused to stay framing of charges by the trial court against Lt Col Prasad Shrikant Purohit and other accused persons in the 2008 Malegaon bomb blast case.

A bench of Justices S S Shinde and AS Gadkari, however, agreed to hear next month, a petition filed by Purohit, one of the seven accused in the case, challenging his prosecution under the Unlawful Activities (Prevention) Act (UAPA).

It directed the National Investigation Agency (NIA) counsel Sandesh Patil to file a reply to Purohit's plea by November 21, the next date of hearing.

The bench refused Purohit's request for staying the proceedings in the trial court, noting that in the past, both the Supreme Court and the Bombay HC had passed orders directing the trial court to expedite the hearing in the case.

Framing of charges is a process after which the trial in a criminal case starts. The trial court, the special NIA court in the present case, is scheduled to begin framing of charges against Purohit and other accused on Tuesday. Six persons were killed and over a 100 injured when an explosive device strapped on a motorcycle went off near a mosque in Malegaon, a power loom town located about 200 km from here in North Maharashtra, on September 29, 2008.

Besides Purohit, the other accused case are Pragya Singh Thakur, Major (retd) Ramesh Upadhyay, Sameer Kulkarni, Ajay Rahirkar, Sudhakar Dwivedi and Sudhakar Chaturvedi. All of them will face trial under the UAPA since earlier this month, the special NIA court had rejected their pleas on the applicability of the antiterror law against them. Discharge is a pre-trial process in a criminal case. At the time, the special court had dropped stringent charges under the Maharashtra Control of Organised Crime Act (MCOCA) against the accused, but had said they will face charges under the UAPA and other sections of the Indian Penal Code (IPC), including murder and criminal conspiracy.

Framing of charges is a process after which the trial in a criminal case starts. The trial court, the special NIA court in the present case, is scheduled to begin framing of charges against Purohit and other accused on Tuesday