A victim of the 2008 Malegaon blast on Tuesday sought permission from the Bombay High Court to intervene in a plea filed by accused Lt Col Prasad Purohit seeking quashing of charges against him.
A division bench of Justices S S Shinde and M S Karnik heard senior counsel B A Desai representing victim Nisar Ahmed Bilal.
Senior advocate Mukul Rohatgi and advocate Neela Gokhale, representing Purohit, who filed a plea in September this year, opposed Bilal’s application. Purohit’s counsels argued that he had sought quashing of charges against him in view of NIA failing to avail prior sanction to prosecute him as per Section 197 of the CrPC, which prescribes procedure for prosecution of public servants including prior sanction from the government. Rohatgi submitted that as the plea was on procedural ground, no intervention application should be entertained.
Desai, however, said the victim has the right to be heard and be made party to the case. Bilal lost his son in the blast and therefore was an ‘aggrieved party’ in the case, he said. Desai added that Bilal was an intervenor in the trial proceedings before the special NIA court in Mumbai and urged to entertain his intervention plea.
The court will hear and decide Bilal’s application on November 25 and will hear Purohit’s plea on December 3.
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