Published 21:37 IST, December 3rd 2020
2008 Malegaon blast case: Special NIA court to conduct day-to-day hearing from Dec 4
In a significant development, the trial in the 2008 Malegaon blast case will commence on a day-to-day basis in a special NIA court in Mumbai from Friday.
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In a significant development, the trial in the 2008 Malegaon blast case will commence on a day-to-day basis in a special NIA court in Mumbai from Friday. The agency's advocate Sandesh Patil communicated this to the Bombay High Court, which was hearing accused Lieutenant Colonel Prasad Purohit's plea seeking the quashing of charges against him. The division bench of the HC comprising SS Shinde and MS Karnik made it clear that the trial in the case must continue.
Purohit, in his petition, argued that the NIA had failed to get a prior sanction from the government as per Section 197 of the Code of Criminal Procedure. While the serving Army officer contended that he had attended meetings before the blast in the discharge of his duties for the Military Intelligence unit, the NIA opposed the plea. The Bombay HC adjourned the hearing on Purohit's plea to December 14.
Meanwhile, the special NIA court judge PR Sitre directed the accused persons- Lt. Col. Purohit, Pragya Thakur, Sameer Kulkarni, Ajay Rahikar, Ramesh Upadhyay, Sudhakar Dwivedi and Sudhakar Chaturvedi to remain present in the court on December 19. While the court had summoned all accused on Thursday, Thakur, Upadhyay, Dwivedi and Chaturvedi did not remain present in person. As per their lawyer, they were absent due to the COVID-19 situation.
The Malegaon blast case
On September 29, 2008, six people were killed and over 100 others were injured after a bomb strapped on a motorcycle went off near a mosque in Malegaon, Maharashtra. While the court framed charges against the accused in October 2018, the delay in the trial has been attributed to the novel coronavirus situation and the retirement of previous judge VS Padalkar. So far, only 140 of the 400 prosecution witnesses have been examined.
The terror charges against Lt. Col. Purohit, Pragya Thakur, Sameer Kulkarni, Ajay Rahikar, Ramesh Upadhyay, Sudhakar Dwivedi and Sudhakar Chaturvedi entail Sections 16 (committing the terrorist act) and 18 (conspiring to commit terrorist act) of the Unlawful Activities (Prevention) Act. They have also been charged under Sections 120 (b) (criminal conspiracy), 302 (murder), 307 (attempt to murder), 324 (voluntarily causing hurt) and 153 (a) (promoting enmity between two religious groups) of the Indian Penal Code and relevant provisions of the Explosive Substances Act. In the scenario of their conviction, they face the possibility of being sentenced to life imprisonment or death.
(With PTI inputs)
21:37 IST, December 3rd 2020