BLieutenant Colonel Prasad Shrikant Purohit, an accused within the 2008 Malegaon bomb blast case, advised the Bombay High Court Monday that he was “an unsung” hero of the Indian Army, who had suffered a lot throughout nearly 9 years he spent in jail as an undertrial earlier than being launched on bail.
Senior advocate Shrikant Shivade, who appeared for Purohit, urged a bench of Justices SS Shinde and NJ Jamadar to direct the particular NIA court docket within the metropolis to determine his grievance on the difficulty of prior sanction for prosecution on the earliest.
Through a bunch of pleas filed within the HC, Purohit has sought that every one fees towards him within the case be dropped.
He has additionally maintained that the alleged acts of conspiracy dedicated by him had been in discharge of his duties as an officer of the Army, and due to this fact, the probe company NIA ought to have obtained prior sanction of the central authorities to prosecute him.
There exist earlier orders of the HC and the Supreme Court saying that Purohit’s grievance on the difficulty of sanction will likely be thought of by the NIA court docket on the time of trial.
However, on Monday, Shivade advised the HC that since trial within the case had already begun, the NIA court docket should be directed to determine the difficulty of sanction now as a substitute of ready until the conclusion of the trial.
He mentioned there have been 500-odd witnesses within the case and solely 181 of them had been examined earlier than the NIA court docket to date.
The trial, due to this fact, will take an extended whereas to conclude, Shivade advised the HC.
“I have spent nine years in jail and have suffered a lot. Though I have been reinstated in service, this is an exception since, I have a good record,” Shivade mentioned on behalf of Purohit.
“I am an unsung hero of the Indian Army. Let the trial court decide on the issue of sanction now,” he mentioned.
NIA counsel Sandesh Patil, nevertheless, opposed Shivade’s submissions.
He mentioned fees within the case had been framed and trial had already begun. “Evidence is being led. Let him (Purohit) wait for his turn,” Patil advised the HC.
Purohit has maintained that whereas he has been charged by the NIA below anti-terrorism legal guidelines, by assembly with different accused individuals and collaborating in conspiracy conferences associated to the case, he had merely been accumulating info and passing it on to the Army.
Purohit was arrested within the case in 2009 and granted bail by the SC in 2017.
Six individuals had been killed and 100 others injured when a bomb strapped to a motorbike went off near a mosque in Malegaon city of Nashik district on September 29, 2008.
As per the NIA, the motorcycle belonged to Purohit’s co-accused and BJP Lok Sabha MP Pragya Singh Thakur, who has denied the cost prior to now.
The HC will proceed listening to the arguments within the case later this month.