HC ‘no’ to stay framing of charges against Purohit

Source: The Hitavada      Date: 05 Sep 2018 08:56:36



The Bombay High Court on Tuesday refused to restrain a trial court from framing charges against Lt Col Shrikant Purohit and other accused persons in the 2008 Malegaon blast case. A bench of justices S S Shinde and Mridula Bhatkar, however, directed the trial court - the special National Investigating Agency (NIA) court here - to consider, in accordance with a previous Supreme Court order, the issue of ‘sanction’ of prosecution raised by Purohit.

“The Supreme Court has also directed that trial in the case be expedited and hence, it would not be appropriate to grant the stay. The trial court will therefore consider the issue of the sanction as per the Supreme Court order and proceed further in the case,” the bench said. The special court is expected to begin framing of charges in the case on Wednesday.

Purohit had approached the High Court earlier this month.
In his plea filed through Advocate Shrikant Shivade, he had urged the High Court to stay the framing of charges until the issue of his sanction, raised by him in his appeal seeking a discharge, was decided upon finally by the High Court.

In his appeal as well as in the plea that was heard Tuesday, Purohit claimed that he cannot be prosecuted in the case since the sanction granted by the Government to prosecute him in the case was wrong in law. A prior sanction for Purohit’s prosecution was required since he was a serving Army officer at the time.