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Friday, Oct 07, 2022

2008 Malegaon blast case: HC judge recuses from hearing petitions

A division bench of Justice Mohite-Dere and Justice Sharmila Deshmukh was on Friday hearing a plea filed by Sameer Kulkarni, an accused, who alleged that some other accused were deliberately delaying the trial despite HC directives to expedite the process.

Malegaon blast case, 2008 malegaon blast case, Sameer Kulkarni, NIA, Bombay HCOn Friday, Kulkarni presented certain orders of 2011, in connection to which Justice Mohite-Dere had appeared as an advocate assisting then additional solicitor general representing NIA. (Express archive)

After an accused in the 2008 Malegaon blast case informed the Bombay High Court on Friday that Justice Revati Mohite-Dere had appeared as NIA counsel in the case in 2011, the judge recused herself from hearing the petitions filed in the case, in which she passed orders in the last few occasions.

A division bench of Justice Mohite-Dere and Justice Sharmila Deshmukh was on Friday hearing a plea filed by Sameer Kulkarni, an accused, who alleged that some other accused were deliberately delaying the trial despite HC directives to expedite the process. Last month, the same bench had asked the NIA special court to submit a fortnightly report on the progress made in the trial, in which BJP MP Pragya Singh Thakur and Lt Colonel Prasad Purohit are named as accused.

On Friday, Kulkarni presented certain orders of 2011, in connection to which Justice Mohite-Dere had appeared as an advocate assisting then additional solicitor general representing NIA. As per Kulkarni, Justice Mohite-Dere had represented the central agency in various pleas filed by co-accused Purohit, Sudhakar Dwivedi and Ramesh Upadhyay. He added that Justice Mohite-Dere’s bench was not an appropriate court to hear any petition related to the case.

Advocate Sandesh Patil, appearing for NIA, said that the agency did not have any objection if the judge continued to preside over the matter and there were judgments that permitted the same. However, Justice Mohite-Dere said that since Kulkarni had objected, she would recuse from the matter.

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First published on: 20-08-2022 at 12:26:47 am
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