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Journalism of Courage
A special court in a recent order rejected a plea filed by Lieutenant Colonel Prasad Purohit, an accused in the Malegaon 2008 blast case, to recall a witness citing that he wanted him to be confronted with documents he has attained through the Right to Information Act. This is the second time that the court passed an order rejecting Purohit’s plea to recall the witness.
Special Judge A K Lahoti said that from the time the charges were framed in the case in 2018 paving way for the trial till the witness in question was summoned this year, Purohit had the time to get the documents required to be shown to the witness.
The witness was a senior Army official, and the documents relate to a movement order which Purohit wanted to cite showing he was illegally detained in 2008 and brought to Mumbai.
“But he has not done so. Thus, either in advance or before examination of the said witness, the accused could get those documents under RTI and could show the witness, but at this belated stage and after passage of long time, accused no.9 (Purohit) is trying to recall the witness as per his suitability will not be proper and not within the framework of law,” the special judge said.
The court also said that a successive application filed by Purohit on the same grounds, rejected in an earlier plea, cannot be permitted as it would mean that the court was recalling its own earlier order.
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