High court admits discharge plea filed by Colonel Purohit

The Asian Age.

Metros, Mumbai

On December 18, 2017, the high court refused to quash a government sanction permitting Lt. Colonel Purohit’s prosecution in the blasts case.

Prasad Purohit

Mumbai: The Bombay high court has admitted for hearing the discharge application filed by Lieutenant Colonel Prasad Lt. Colonel Purohit, an accused in the September 2008 Malegaon blasts case. Lt. Colonel Purohit has challenged the orders of the high court and the special NIA court, rejecting his discharge. Lt. Colonel Purohit has alleged that the sanction given by the state government to prosecute him is not as per the law. The Supreme Court in August last year granted bail to Lt. Colonel Purohit after he spent nine years in jail.

On December 18, 2017, the high court refused to quash a government sanction permitting Lt. Colonel Purohit’s prosecution in the blasts case. On December 27, 2018, a special NIA court, too, dismissed his plea for discharge from the blasts case. Subsequently, Lt. Colonel Purohit approached the Supreme Court, which again asked him to approach the Bombay high court. Accordingly, he approached the HC again earlier this year.

Lt. Colonel Purohit’s counsel Shrikant Shivde argued that prior sanction was required for Lt. Colonel Purohit’s prosecution as he was a serving officer of the Army at the time. Advocate Shivde further argued that under the Unlawful Activities (Prevention) Act (UAPA), the state law and judiciary department had to constitute an appropriate authority and seek the latter’s report first. In this case, the sanction was given in January 2009 but the authority was appointed only in October 2010.

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