The father of a 2008 Malegaon blast victim has made a plea before a special court that he be given copies of documents produced before the court by accused Lt. Col. Prasad Purohit, copies of which have not been shared with any parties. On Nov 7, Lt. Col. Purohit had made a plea through his lawyer to take certain documents on record of the court among which was a letter he claimed to have obtained by an application to the Chief of Army Staff.
The list of documents contained two open envelopes, a confidential letter and a confidential report. He made another plea to keep the documents in safe custody. In his plea he said the documents are “very crucial” and relevant and in the future need to be confronted with other witnesses.
“The said letter should not be circulated in the media by any parties present in court. Therefore, the application and letters may be kept in safe custody,” his plea stated. The National Investigation Agency told the court in its response that its copies may not be supplied to parties as they are not yet produced as evidence.
The court then passed the order that as the documents are not yet produced as evidence, the question of their supply to anybody including the media does not arise. In his plea, the father of the victim, who is an intervenor in the case, stated that as per the prosecution’s case, Lt. Col. Purohit had floated the right wing organisation Abhinav Bharat while being a commissioned officer in the army and certain recordings had revealed that he and other accused wanted to establish a Hindu Rashtra.
After more than a decade, the plea said, he had produced documents claiming that he was discharging his duty as a commissioned officer. This, it said, was nothing but a “smoke screen” and under no circumstances an act of terror can be deemed to be carried in official capacity. The plea said that the documents are deliberately not supplied to the victims.
“These documents go into the heart of the matter and without them, the victims will not be able to provide a robust argument at the time of final arguments,” it said. It added that if he is not provided with the said documents,their rightto be a party to the proceedings will be meaningless.