In a setback to Lieutenant Colonel Prasad Purohit, accused in the Malegaon 2008 bomb blast case, the Supreme Court dismissed his petition challenging the order of the Bombay High Court observing that there was “no reason to interfere with the same”.
A bench of Hrishikesh Roy and Manoj Misra dismissed the petition on Monday after hearing the petition for a few minutes. In its order, the bench noted that Purohit was challenging the order of the high court, whereby it was observed that sanction is not needed under Section 197(2) of the Criminal Procedure Code for prosecution of the petitioner as his impugned conduct did not pertain to any of his official duties.
We see no reason to interfere: HC
“Having noted the basis of the impugned judgment, we see no reason to interfere with the same and accordingly, the Special Leave Petition is not entertained,” said the bench. Purohit’s counsel Mukul Rohatgi informed the bench that the trial against Purohit is continuing. The bench clarified that since the trial is on “the observation made in the impugned order for the purpose of examining the issue of sanction should not prejudice either the prosecution or the defense, in the proceedings before the trial court.”
“With the above order, the Special Leave Petition stands dismissed,” said SC. On January 2, while dismissing Purohit’s discharge plea, the high court had observed that “indulging into an activity of a bomb explosion causing the death of six persons is not an act done by the appellant in his official duty”.
NIA court had earlier dismissed plea to discharge him
The HC bench of Justices Ajey Gadkari and PD Naik had also observed: “If the contention of Purohit, that he was directed to perform official duty to gather information regarding ‘Abhinav Bharat’, is to be accepted, then the question remains to be answered: Why he did not avert the bomb blast in the civilian locality of Malegaon, which caused loss of life of six innocent persons and severe to grievous injuries to about 100 persons. Even otherwise, indulging in the activity of a bomb explosion, causing the death of six people, is not an act done by Purohit in his official duty."
Earlier, a special National Investigation Agency (NIA) court had dismissed his plea to discharge him from the case. Subsequently approached the HC and then SC. The trial is at its fag end before the special NIA court. Over 30 witnesses have so far not supported the prosecution and have been declared hostile.
2008 Malegaon blast case
In the 2008 Malegaon blast case, six people were killed and over 100 injured after an explosive device strapped to a motorcycle went off near a mosque at Malegaon in north Maharashtra, about 200 kilometers from Mumbai.
Along with Purohit, BJP MP Pragya Singh Thakur and five others are also accused in the case.
