IN THE Malegaon 2008 blast case, Lieutenant Colonel Prasad Purohit questioned the sanction accorded by the state under Unlawful Activities (Prevention) Act (UAPA) to prosecute him. Through his advocate Shrikant Shivade, Purohit submitted that when the sanction was accorded to prosecute him and the other accused, there was no competent authority as prescribed in the Act.
Shivade submitted that only a central government appointed independent authority could conduct an independent review to decide whether sanction can be given. He said that the investigators had caused “deliberate contravention of rules” and hence UAPA cannot be applied in the case. Further, an intervention plea was filed by a kin of the victims killed in the blast. Nisar Ahmed Sayyed Bilal, the 59-year old, who lost his son in the blast on September 29, 2008 in Malegaon, sought to be made a party to the trial. The plea was opposed by the accused.
The court will continue to hear submissions by Shivade on Wednesday.