How can 2008 Malegaon blast case accused be prosecuted under UAPA, asks Ramesh Upadhyay
Retired major Ramesh Upadhyay on Monday moved an application calling for records of the procedure followed while granting sanction to prosecute the accused under UAPA.mumbai Updated: Jul 18, 2017 14:34 IST
Years after arrest, retired major Ramesh Upadhyay raised questions over evoking Unlawful Activities (Prevention) Act (UAPA) against the accused in the 2008 Malegaon blast case.
Claiming the state government did not follow proper procedure, Upadhyay on Monday moved an application calling for records of the procedure followed while granting sanction to prosecute the accused under UAPA.
Upadhyay claimed the law makes it mandatory for the government to set up an independent review committee before evoking UAPA.
The job of the committee is to evaluate the evidence gathered by the investigating agency and recommend if the charges can be evoked in the case.
Upadhyay said the government appointed the directorate of prosecution as the reviewing authority and asked for recommendation on application of UAPA in May 2010. However, Upadhyay claimed the records obtained under Right to Information Act showed several discrepancies.
“The directorate of prosecution did not receive any evidence gathered by the ATS Mumbai and gave no recommendations to the sanctioning authorities. The home ministry and government of India did not give the National Investigating Agency the nod to prosecute the accused,” alleged Upadhyay in his application.
The special court has now asked the prosecution to file a reply on the plea.