Thread by @barandbench

Justice SS Shinde led bench of the #BombayHighCourt will hear Lt. Col. Prasad Purohit’s plea challenging the cognizance taken by the Special NIA Court against him in the #MalegaonBlast case without obtaining requisite sanctions under CrPC.

The court in the previous hearing observed that Purohit must ensure that the documents upon which he relies to make his arguments are served upon the opposite parties before such arguments are made.

#MalegaonBlast #NIA

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Hearing begins.

Adv Shrikant Shivde submits that this is a case of absence of sanction. This is not about improper sanction.

Shivde: What I spoke, when I went to the meeting, these details have to be considered by my superior.

#MalegaonBlast #NIA

Shivade relies upon two exhibits to show that superiors had given their inputs.

Justice Shinde: Did you earlier apply for discharge in the Special NIA Court? On these documents?

#MalegaonBlast #NIA

Justice Shinde: Is this the first time these documents are considered?

Shivde: Possibly…

Shivde: Another petitioner has also been filed challenging the rejection of discharge.

#MalegaonBlast #NIA

Justice Pitale: And was this point raised during the discharge.

Shivde responds they could not since the papers were not available to them.

#MalegaonBlast #NIA

Shivde states to the Court that the issue of grant of sanction under CrPC will not pressed for in the appeal.

Justice Shinde: Judicial discipline requires we both consider both petitions together.

#MalegaonBlast #NIA

Shivde: The pleadings are voluminous, the hearing may go on for 3-4 weeks.

Justice Shinde: That cannot be a ground..

Shivde: Then trial may be stayed.

#MalegaonBlast #NIA

Justice Shinde (to NIA) How many witnesses are examined?

NIA: 171 witnesses are examined, over 200 more are to be examined.

#MalegaonBlast #NIA

Shivde informs the Court that the appeals were clubbed and de-tagged and are pending.

#MalegaonBlast #NIA

Justice Shinde (to Shivde): Mr Shivde if the appeals lie before us, if it is assigned to this court then we will take and continue the hearing. If not then you can move a praecipe on the administrative side to get it assigned to this court.

#MalegaonBlast #NIA

Justice Shinde asks for the appeal numbers.

Shivde: Milords may list it at the earliest.

#MalegaonBlast #NIA

Justice Shinde: We are interested in final hearing matters. Because in admission matters there is no discussion on the law, there is hardly any time.

#MalegaonBlast #NIA

Justice Pitale: And the appeal would be on facts too.

Shivde is submitting that the issue of sanction ought to be decided at the time of trial which begins at the time of framing of charges. Hence without sanction, the cognisance is illegal.

#MalegaonBlast #NIA

Justice Shinde: So you did not have these documents?

Shivde: I was in jail and I was trying to correspond for the documents.

#MalegaonBlast #NIA

Justice Shinde: Ok without wasting any further time, let us just confirm if the appeals lie with us.

#MalegaonBlast #NIA

Shivde submits that the writ had a short point and the hearing was almost over.

Justice Shinde: No we will consider with the appeals.

#MalegaonBlast #NIA

SR Adv BA Desai appearing for the intervenors submits that this was a blast case and the ATS had charged him under provisions of MCOC Act.

But still ATS has not been made a party.

#MalegaonBlast #NIA

Desai: The trial has been delayed for so many years.

#MalegaonBlast #NIA

Another accused Sameer Kulkarni, who has also filed a petition points out to the Court that there are orders of the Supreme Court directing the expediting of the trial.

#MalegaonBlast #NIA

He submits to the Court in Marathi that the trial is pending for the last 12 years. Purohit and his lawyer appear in the High Court but not in the Special Court.

#MalegaonBlast #NIA

Court directs that their associate will inform the parties about the appeals and whether they lie before this bench or not.

#MalegaonBlast #NIA

Hearing ends.