2008 Malegaon blasts: Trial should proceed expeditiously as per SC directions, says Bombay High Court

Last month, the special NIA court had begun hearing arguments by the accused on the validity of the sanction under the Act to prosecute them. The accused had submitted that the Bombay High Court had directed that “reasonable opportunity” should be given to them before charges are framed.

However, last week, the court had rejected their pleas on the applicability of UAPA against them. The agency, which had taken over the probe from the Maharashtra Anti-Terrorism Squad, had said that the issue of validity of the sanction can be decided by the court during trial. Special Judge V S Padalkar had accepted the NIA’s contention.

In December last year, the special court had said that while sections under the Maharashtra Control of Organised Crime Act (MCOCA) should be dropped against them, the accused will face charges under UAPA and the IPC, including that of murder and criminal conspiracy.

Last month, the court heard arguments from Pragya Singh Thakur, Lieutenant Colonel Prasad Purohit, retired Major Ramesh Upadhyay, Sameer Kulkarni, Ajay Rahirkar, Sudhakar Dwivedi and Sudhakar Chaturvedi, objecting to the validity of the sanction. The NIA, through Special Public Prosecutor Avinash Rasal, had submitted that the sanction was valid and that charges under UAPA applied in this case.