Lok Sabha panel to hear Purohit: Victims of Malegaon blast oppose hearing, say trial underway

The Lok Sabha panel is hearing representatives on the issue of initiating criminal cases against government servants without obtaining prior sanction for their prosecution as per Section 197 of the Criminal Procedure Code. A sanction is required to prosecute public servants from a competent authority as a safeguard to ensure that they are not targeted for an act done while discharging their official duties.

A letter was sent to the Chairman of the Committee on behalf of the victims by lawyer Shahid Nadeem stating that the panel hearing Purohit is inadmissible as the trial in the case is underway. “…hearing accused Lt Col Purohit’s view will amount to interference in the judiciary and diminishing the Indian judicial system. Since the matter is sub-judice, therefore my humble request is to defer or withdraw the hearing of October 25, 2023, regarding his view,” the letter states. It adds that if the panel hears him and expresses its opinion without considering the chargesheet, evidence and other judgments in the case by various courts in a sub-judice matter, it may cause prejudice in the trial.

Special Judge A K Lahoti is hearing the blast case on a daily basis in Mumbai. The case is nearing conclusion with the court currently recording the statements of the accused under Section 313 of the CrPC.

The letter also states that the issue of sanction to prosecute Purohit was dealt with by the Bombay High Court in its order in January this year. The court had dismissed Purohit’s plea seeking discharge from the case on ground that there was no valid sanction to prosecute him as an accused.

The letter quotes from the High Court order stating that it had observed that he was not discharging duty as an officer of the Indian Army while attending the alleged meetings of a group called Abhinav Bharat, where the conspiracy for the blast was hatched, as per the National Investigation Agency (NIA). The court said that the alleged act of the blast, which killed six and injured over 100 in Malegaon, is totally unconnected with his official duty.

The letter states that the impression created among the victims by the panel’s invitation to Purohit is that he will be heard on claims of being framed in the case even as the High Court has refused to discharge him, and hence sought the hearing to be deferred or withdrawn.
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