In a reprieve for Nisar Ahmed Bilal, father of a victim who was among the six innocents who lost their life in the 2008 Malegaon blast, the Bombay High Court on Friday allowed him to argue and oppose the discharge plea filed by prime accused Lt. Col. SP Purohit.
A bench of Justices Sambhaji Shinde and Makarand Karnik, allowed the intervention application filed by Bilal, last month seeking to intervene in the plea filed by Purohit, who has urged the judges to discharge him from the case.
Bilal had sought to oppose Purohit's plea through senior counsel Bhallu Desai. His request was, however, opposed by Purohit. However, now, after the bench's orders, the court, while deciding the discharge plea, would also consider the contentions and submissions that Bilal would plead.
Notably, Purohit had moved the bench, seeking discharge on the limited ground that the prosecution failed to obtain a prior sanction to prosecute him in the case, which is a mandatory procedure prescribed under the CrPC to arraign a public servant or army personnel in a criminal case.
Purohit's counsel Neela Gokhale had opposed Bilal's intervention on the ground that a very limited point (for discharge) had been raised by her client.
On the other hand, Desai had pointed out that his client has been an intervening party right from the trial court till the apex court.
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