The Bombay High Court on Thursday refused to stay the trial in the 2008 Malegaon bombing case while hearing a petition from Lt. Col. Prasad Purohit, one of the main defendants in the case.
A divisional bench consisting of Judges PB Varale and SM Modak declined to stay the trial, noting that the trial was halfway through. “The trial is already halfway through with many witnesses already produced. We are not at all inclined to pass an order that would block the trial,” Judge Varale said.
So far, the prosecution has questioned more than 245 people and about 100 of them have yet to be questioned by the special court in charge of the trial. As on March 30, 20 witnesses were declared hostile by the prosecution.
HC’s remark came at the request of Purohit’s lawyer, Mr. Venkatesh. “I ask to stay in the trial,” Venkatesh said. But before he could continue, the judges stopped him and told him they weren’t inclined to suspend the trial.
Venkatesh said Purohit’s motion was held for the final hearing. He has been listed for audition many times and each time Venkatesh comes from Delhi but he is not heard.
Lead attorney BA Desai, representing one of the victims of the bomb blast, objected to the markdown on one of the petitions. A slew of motions and interim requests filed by some of the defendants in the case have been tagged to be heard together. Around seven different requests and 10 requests were filed between 2017 and 2021.
The petitions challenge the validity of the sanction granted by the government to prosecute the defendant under the strict UAPA, regarding secondary evidence filed by another defendant and the denial of discharge requests by the special court.
In February this year, a bench headed by Judge Varale had suppressed Purohit’s plea in which he claimed that no sanction had been given for his prosecution by the government and therefore the entire lawsuit against Purohit had been dismissed. vitiated.
However, Desai said Purohit’s petition stemmed from the same issue where the plea for discharge as well as other petitions regarding the 2008 explosion case revolved around.
The HC kept Purohit’s motion for hearing with other motions on June 21.
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Posted: Thursday, March 31, 2022, 11:22 p.m. IST