AN ACCUSED in the 2008 Malegaon blasts case has approached the special court alleging that documents were forged “to extend undue facilities” to his co-accused Lieutenant Colonel Prasad Purohit. In an application filed by retired Major Ramesh Upadhyay, he states that the special court had on April 30, 2011, directed the Superintendent of Taloja Central prison to admit Purohit in the prison hospital for treatment. Upadhyay in his plea states that while the 2011 court order had the words “for a limited specific period”, the copy which was eventually received by Taloja jail did not have those words. He claims that due to this, the meaning of the order has been altered, leading to Purohit being in the prison hospital till date.
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Upadhyay has said in his plea that he filed the application on the basis of information received via RTI applications. He has said that the difference in the two orders could not have taken place without “connivance and complicity” of the then court staff and also raises questions about how no jail official or medical officer approached the court for directions in the past six years.
“It is imperative that records from the jail be called for and matter be enquired into. Care may kindly be taken that order furnished by the jail is not switched with the certified copy and if that also happens, then the action of the Superintendent on the words ‘a limited specific period’ be sought,” the application states.
He has also sought for an inquiry and action if any foul play is proved. Special Judge SD Tekale issued notice to the Superintendent of Taloja jail to send the true copy of the April 30, 2011 order received by him from the court. “The court recorded submissions made by Upadhyay who produced RTI replies and co-accused Sameer Kulkarni who also supported the plea. The court has directed the Taloja prison Superintendent to send the true copy of the order,” said special public prosecutor Avinash Rasal. He said that the application has been adjourned for hearing till February 28.
Advocate Shrikant Shivade, representing Rasal, said that no violation by Purohit had taken place. “The application filed is frivolous. No violation has taken place,” he said.