Mumbai, September 4
Lieutenant Colonel Prasad Purohit, an accused within the 2008 Malegaon blast case, has filed a recent petition within the Bombay High Court searching for that the fees in opposition to him be quashed.
Purohit was doing his job as a army intelligence officer and was “framed” within the case, his lawyer and former Attorney General Mukul Rohatgi instructed the excessive courtroom on Friday.
The petition additionally contended that the National Investigation Agency (NIA), the prosecuting company, didn’t search a previous sanction underneath the Code of Criminal Procedure to prosecute him, although he was a serving Army officer.
Arguing earlier than a division bench of Justices S S Shinde and M S Karnik, Rohatgi mentioned that Purohit had been working for the Army’s army intelligence unit.
He attended conspiracy conferences earlier than the 2008 Malegaon blast whereas “discharging his duties” as an intelligence officer, the senior counsel mentioned.
Hence the NIA ought to have sought a previous sanction underneath Section 197 of the CrPC to prosecute him, Rohatgi argued. Section 197 makes it obligatory to acquire a sanction from the federal government earlier than public servants are prosecuted.
The Army reinstated Purohit in 2017 after the Supreme Court granted him bail, Rohatgi identified, including that the apex courtroom had famous in bail order that Purohit attended conspiracy conferences as a part of discharging his duties.
“His job was to infiltrate meetings of religious fanatics and report to the Army. He was framed in the case and spent eight years in jail until the SC granted him bail,” Rohatgi mentioned.
The NIA, in its affidavit opposing Purohit’s plea, has claimed that whereas attending the conspiracy conferences, he was not working for the Army, so no sanction was required for his prosecution.
The trial courtroom in addition to the excessive courtroom had previously rejected his plea searching for discharge, and a legal enchantment searching for related aid is already pending earlier than the excessive courtroom, so he can’t file a recent plea, the NIA mentioned.
The excessive courtroom granted Purohit’s legal professionals time to answer the NIA’s affidavit and posted the matter for listening to on September 23.
Purohit had argued earlier too that he attended the blast conspiracy conferences in Faridabad and Bhopal whereas doing his job as an intelligence officer along with his superiors’ permission.
Six folks have been killed and 100 injured when a bomb strapped to a motorbike went off close to a mosque at Malegaon in north Maharashtra on September 29, 2008. As per the investigators, the bike belonged to co-accused and BJP MP Pragya Thakur. PTI