Nisar Ahmed Sayyed Bilal, a sufferer and father of a person who died within the 2008 Malegaon blast, moved the Bombay High Court on Tuesday to intervene in a plea filed by accused Lieutenant Colonel Prasad Purohit searching for to quash all costs in opposition to him.
Mr. Bilal was represented by former extra solicitor normal BA Desai who filed an software to be impleaded as a celebration in Mr. Purohit’s petition filed in September. Former lawyer normal Mukul Rohatgi, who was showing for Mr. Purohit, opposed the applying.
Mr. Rohatgi argued earlier than a Division Bench of Justices SS Shinde and MS Karnik, and stated quashing of costs had been sought as a result of the National Investigation Agency (NIA) didn’t search prior sanction to prosecute him as per part 197 (prosecution of judges and public servants) of the Code of Criminal Procedure.
He stated for the reason that plea was on procedural floor it didn’t warrant any intervention by the victims. Mr. Bilal’s software stated that he had misplaced his son within the blast and subsequently, he was an aggrieved social gathering within the case who deserved to be heard.
The matter was adjourned to November 25.
Mr. Rohatgi had beforehand contended that Mr. Purohit was a military officer and was discharging his official obligation by gathering intelligence. He stated sanction to prosecute Mr. Purohit needed to be taken earlier than taking cognisance of the offence.
Mr. Rohatgi had beforehand challenged sanction to prosecute Mr. Purohit underneath the Unlawful Activities Prevention Act (UAPA). Mr. Purohit has been charged with homicide, voluntarily inflicting grievous damage by harmful weapons, selling enmity between totally different teams on grounds of faith, race, place of origin, residence, language, and so forth., and doing acts prejudicial to upkeep of concord underneath related sections of the Arms Act, the Indian Explosive Substance Act, and the UAPA.
The chargesheet filed by the NIA relied upon the assertion of a prosecution witness that stated, “Mr. Purohit gave him three weapons and ammunition to be stored in his home for a month someday in 2006. The description of the weapons was additionally dictated to him. He noticed RDX in the home of Mr. Purohit in a inexperienced sack at Devlali and that Mr. Purohit confessed to him (the witness) about having equipped RDX for the Samjhauta Express blast. “