Add legal grounds to plea,HC tells Malegaon blast accused

Six people were killed and more than hundred injured in the blast on September 29,2008.

Written by Express News Service | Published: October 12, 2012 2:33 am

Bombay High Court (HC) asked the lawyer representing Malegaon blast accused Ramesh Upadhyay on Thursday to add formal legal contentions to his petition challenging the validity of the Maharashtra anti-terrorism squad (ATS) and National Investigating Agency (NIA).

Six people were killed and more than hundred injured in the blast on September 29,2008.

Upadhyay had filed the petition in the form of a letter to Chief Justice of the High Court.

A division bench of Justices Asoka and S S Jadhav asked amicus curiae Ameeta Kuttikrishnan to add legal grounds to the letter and posted the matter for a final hearing on November 1.

Kuttikrishnan told Newsline,“Upadhyay has argued that ATS was not formed under any Act passed by the legislature but was created by a notification.

A government resolution has given ATS the status of a ‘deemed police station’.

He has questioned whether the agency has the power to arrest persons and interrogate them.

He has also demanded release and compensation in view of his ‘illegal arrest’.”

Upadhyay claimed ATS power was limited to collecting information and analysing it.

He demanded the constitutional validity of ATS and NIA be looked into and actions of the agencies declared illegal and unconstitutional.

Upadhyay has also questioned invoking of Unlawful Activities (Prevention) Act against him by NIA,contending that his act was not a scheduled offence then that could be investigated by the agency.

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