Malegaon case: Govt appeals against dropping MCOCA
The Malegaon blasts case accused will have to wait to get bail. The Bombay High Court on Monday stayed all hearings, in the lower courts, on bail and other applications from those accused of the September 2008 blasts that killed six people.india Updated: Aug 25, 2009 01:11 IST
The Malegaon blasts case accused will have to wait to get bail. The Bombay High Court on Monday stayed all hearings, in the lower courts, on bail and other applications from those accused of the September 2008 blasts that killed six people.
The high court passed the order while posting to September 8 the state government’s appeal against a special court’s decision on July 31 to drop all charges framed under the Maharashtra Control of Organised Crime Act (MCOCA) in the case. The special court had said MCOCA could not be used since the accused were not part of any organised crime syndicate.
The state in its appeal before the high court argued that the special court’s order was “unconstitutional and bad in law”.
On Friday the division bench of Justice Bilal Nazki and Justice A.R. Joshi asked the government to issue notices to all the accused. Sadhvi Pragya Singh Thakur, key accused in this case, has sought bail from the high court.
Senior counsel appearing for the state argued that proper approval and sanction were granted for invoking MCOCA in the case as required under the law. The special judge had no jurisdiction to quash the same, counsel argued.
Thakur has sought bail on the grounds that MCOCA has been dropped in the case and under the Indian Penal Code an accused is entitled to bail as a matter of right if a chargesheet is not filed within 90 days of arrest.
Thakur’s advocate said the high court has posted her plea for August 28.
The ATS had arrested 11 persons including Thakur and a serving Army officer Lieutenant Colonel Prasad Purohit for allegedly carrying out the blasts at Malegaon.