Malegaon blasts case: SC declines to consider plea by Prasad Purohit against lack of sanction

In a setback to the 2008 Malegaon blasts case accused Lt Col Prasad Shrikant Purohit, the Supreme Court has declined to entertain his plea against the Bombay High Court's order which held no sanction was required for his prosecution by rejecting his contention that any of his conducts was part of his official duties.

A bench of Justices Hrishikesh Roy and Manoj Misra, however, said that the observation made by the High Court in the order passed on January 2, 2023 for "the purpose of examining the issue of sanction should not prejudice either the prosecution or the defence, in the proceedings before the trial court".

"The challenge here is to the order of the High Court whereby it was observed that sanction is not needed under Section 197(2) of the CrPC for the prosecution of the petitioner as his impugned conduct do not pertain to any of his official duties. Having noted the basis of the impugned judgment, we see no reason to interfere with the same and accordingly, the Special Leave Petition is not entertained," the bench said in its brief order.

Also Read: Malegaon blasts case: Bombay HC rejects Colonel Purohit’s discharge plea

The top court dismissed the special leave petition by Purohit after hearing senior advocate Mukul Rohatgi and advocate K Parameshwar on his behalf.

Advocate Gaurav Agrawal appeared for the National Investigation Agency.

In its order, the High Court's division bench of Justices A S Gadkari and Prakash Naik had rejected a plea for discharge made by Purohit due to absence of sanction, saying it was not needed as he was not on official duty.

A total of six people were killed and over 100 injured in 2008 Malegaon blasts case.

Apart from Purohit, BJP MP Pragya Singh and four others are facing trial in the case.

In his arguments, Purohit had claimed he had informed his superiors in Indian Army that he infiltrated and 'Abhinav Bharat' and attended its meetings for collecting intelligence. He also produced some documents from Army authorities, which the HC had declined to take into records.