2 min readMumbaiFeb 16, 2016 01:03 AM IST
First published on: Feb 16, 2016 at 01:03 AM IST
The bomb was placed in a motorcycle. (Express archive)
PAVING the way for trial in the 2008 Malegaon bomb blast case, Special Judge S D Tekale commenced hearing on the argument of framing of charges. Last week the court had warned the National Investigation Agency (NIA) that it will proceed even if its fails to file its say on the point of dropping of stringent charges under the Maharashtra Control of Organised Crime Act (MCOCA).
On February 9, NIA informed the special court that it intends to drop MCOCA charges against the accused after it receives an opinion from the Attorney General of India. They were given time until February 15.
On Monday morning, the agency sought to defer framing of charges against the accused, including Lt Col Srikant Purohit and Sadhvi Pragya Singh Thakur. Special Public Prosecutor Avinash Rasal, representing the NIA, informed the court that AG has not responded yet and the agency needs some more time.
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Rasal requested the judge to not go forward with framing of charges otherwise the court will have to “re-argue” on applicability of MCOCA charges.
When Judge Tekale asked how much more time is needed, Rasal sought four weeks, which was denied. “Claiming a new limitation, now what is going on?” Judge Tekale questioned Rasal to which the special prosecutor apologised and said it’s “in the interest of justice we request for adjournment”.
Judge Tekale asked the defence lawyers if they were ready to argue on the charges today and on receiving a positive affirmation, Judge Tekale said,” I will start…let them give a response whenever they want. We are ready to go.”
The Supreme Court had on April 15, 2015, said there was no evidence to charge the accused under MCOCA, at that stage. The apex court also ordered that the bail applications of the accused be heard expeditiously by the trial court on merit.
The bomb was placed in a motorcycle. (Express archive)
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