Malegaon blast case: SC asks Bombay HC to decide on Lt Col Purohit’s plea

Lt Col Purohit had approached the Supreme Court in May this year complaining about the delay in deciding on his plea by the Bombay high court even as the trial in the case was proceeding on a day-to-day basis.

The Supreme Court on Monday asked the Bombay high court to decide expeditiously a plea by Lieutenant Colonel Prasad Purohit, an accused in the 2008 Malegaon blast case, challenging the Centre’s sanction to prosecute him.

The Supreme Court on Monday asked the Bombay high court to decide expeditiously a plea by Lieutenant Colonel Prasad Purohit, an accused in the 2008 Malegaon blast case, challenging the Centre’s sanction to prosecute him. (HT File)

Lt Col Purohit had approached the top court in May this year complaining about the delay in deciding on his plea by the Bombay high court even as the trial in the case was proceeding on a day-to-day basis. About 246 witnesses were already examined in the case, and only 150 were remaining to be examined.

Finding merit in his submission that the question of sanction to be granted under Section 197(2) of the CrPC for the prosecution of a public officer is a fundamental issue, a bench of justices Hemant Gupta and Vikram Nath said, “The writ petition filed by the petitioner is pending consideration before the High Court wherein the petitioner has sought to quash of the sanction under Section 197(2) of the Code of Criminal Procedure (CrPC), 1973.”

Section 197(2) mandates that “no court shall take cognisance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government”.

Given the facts and circumstances of the case, the order said, “We deem it appropriate to request the High Court to take up the said writ petition and decide the same expeditiously in accordance with the law.”

Advocate Neela Gokhale, appearing for Lt Col Purohit, told the Court that the question of sanction must be decided preliminarily as there were communications issued by the Army stating that her client informed his seniors about all his actions, and he was gathering intelligence on terrorist activities in the discharge of his official duty.

The Army officer is charged with being part of the conspiracy behind the blast that took place on September 29, 2008, near a mosque in Malegaon where a blast triggered by explosives strapped to a motorcycle killed six persons and injured more than 100.

Lt Col Purohit has been charged with murder, causing grievous hurt by dangerous weapons, promoting enmity between different groups and doing acts prejudicial to maintaining harmony in society, among other relevant sections of the Unlawful Activities (Prevention) Act, Explosives Act and Arms Act.

Lt Col Purohit was granted bail in the matter by the Supreme Court in August 2017. All the other six accused in the case are also out on bail.

The case is currently being investigated by the National Investigation Agency (NIA), which took over the probe in 2011 from the Maharashtra Police’s Anti-Terrorism Squad (ATS). In January 2008, the trial court took cognizance of the charges against Lt Col Purohit, who was accused of supplying the explosive used in the blast.