The Bombay High Court on Monday dismissed a petition seeking discharge filed by Lieutenant Colonel Prasad Shrikant Purohit, a prime accused in the 2008 Malegaon blast case, which left six people dead and over 101 injured.
A division bench of Justices Prakash Naik and AS Gadkari issued the order. “Causing a bomb blast is not an official duty,” said the court.
Purohit’s appeal was primarily based on the Indian Army’s lack of permission to prosecute him under Section 197(2) of the CrPC.
The National Investigation Agency stated that since his actions were not in discharge of his duty, no sanction was necessary.
Purohit was detained in 2008 and accused of violating the Unlawful Activities (Prevention) Act as well as a number of other offences. Pragya Singh Thakur, a BJP member of parliament, and five other people are also accused in the case.
Nine years after his arrest, the Supreme Court granted Purohit bail in 2017.
According to the NIA, Thakur was the registered owner of the LML Freedom Motorcycle that caused the blast during Ramadan, the holiest month of the Islamic calendar. The prosecution claims that Purohit, despite being an Army officer, founded the Abhinav Bharat organisation in 2007 with the intention of transforming India into a Hindu Rashtra.
The court had questioned Purohit’s plea during the hearing of his petition, saying that it was unnecessary given how far along the trial had proceeded.
295 witnesses were examined, of whom 30 were deemed hostile.
The bench had pleaded, “Can you turn back the clock?” Co-accused Thakur and Sameer Kulkarni withdrew their petitions following this, even though they had also sought discharge.
