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The Apex Court bench comprising of CJI Ranjan Gogoi and Justices S.K. Kaul & K.M. Joseph directed the Bombay High Court to consider the subject of the validity of the sanction for the prosecution of Lieutenant Colonel Shrikant Purohit under the Unlawful Activities Prevention Act (UAPA) in connection with the Malegaon blasts. Purohit, in his plea, referred to the earlier Supreme Court order by which the trial court and the Bombay High Court were directed to deal with the claim that he was being prosecuted under penal laws without proper sanction from the authorities which has to be obtained since he was a serving Army Officer at the time.
Malegaon blast is infamous for homicide of six people while more than hundred got injured on September 29, 2008. Mr Purohit was among the 11 people accused by the Maharashtra Anti-Terrorism Squad in January 2009. The plea filed by Mr Purohit demanding that charges against him under the UAPA be dropped was rejected by the National Investigation Agency court where the investigation was transferred in April, 2011.
The Special Leave Petition preferred against the order of the High Court declining to stay the proceedings before the NIA Court was being heard by the bench. Senior Advocate Harish Salve submitted before the bench that the matter is already pending in the High Court and is scheduled to be heard on November 21. It was further advanced that the NIA has not filed its reply so far and insists on seeking adjournments. The bench was also informed that the charges against Purohit have already been framed.
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