Malegaon blasts: Bombay HC admits Col Purohit's plea

In a major relief for Lt Col Prasad Shrikant Purohit, the Bombay High Court on Friday admitted a plea filed by the army officer challenging earlier verdicts rejecting his discharge plea.

A division bench of the Bombay High Court comprising Justice Ranjit More and Justice Anuja Prabhudessai after admitting the discharge plea scheduled the next hearing on July 16.

Col Purohit is an accused in the September 29, 2008, Malegaon blasts case in which 6 people were killed and 101 injured.

Col Purohit, who was commissioned to the Maratha Light Infantry and had taken part in counter-insurgency operations, was later assigned to the Military Intelligence field unit.

He was arrested in October 2008 by the Maharashtra Anti-Terrorism Squad (ATS). The case is now with the National Investigation Agency (NIA). On August 22, 2017, he was granted bail by the Supreme Court and is now attached to the Colaba Military Station in Mumbai.

On December 27, a special NIA court had dismissed his plea to discharge him from the case.

In his petition, Col Purohit has contended that the sanction granted by the Maharashtra government to prosecute him in the case, was wrong. According to him, prior sanction was needed as he was a serving officer of the Indian Army.

Purohit's counsel Shrikant Shivde said under the provisions of UAPA, the state law and judiciary department, which is the sanctioning authority, is required to constitute an appropriate authority and seek its report first. "In this case, the sanction was given in January 2009 but the authority was appointed only in October 2010," Shivde told the court.

The bench asked the NIA not to proceed with the trial in the special court until the issue of sanction is decided. The NIA's counsel Sandesh Patil told that the court that on Friday, charges were to be framed. However, it would not happen as the agency needs time.