Thread by @fpjindia

#BombayHC bench of Justices Sambhaji Shinde and Nizamoodin Jamadar will shortly hear criminal appeals filed by @SadhviPragya_MP and #ColPurohit challenging the orders of special court dismissing their discharge applications.

#2008MalegaonBombBlast case.

Adv Shrikant Shivade for Purohit
Sr Adv Bhallu Desai for intervenor victim of the blast
SPP Sandesh Patil for NIA
Accused Sameer Kulkarni appearing in person.

#2008MalegaonBombBlast case

#BombayHC

Desai: Let the matter be heard in open court instead of virtual court. All the accused are already out on bail.

Even if Shivade want to argue on a small point, that is also a complicated legal issue. Thus I would pray for an open court hearing.

#2008MalegaonBombBlast

Desai: This is a luxury litigation. Fix a day for physical hearing and I will come.

Shivade: In the hearing before earlier hearing, it would found that certain documents have surfaced post the orders of the special court dismissing our discharge plea. We have amended our plea.

Shivade: Thus, we have amended prayer to remit the matter back to the trial court. Let it consider these documents.

J Shinde: Mr Shivade but now trial is going on from day to day basis. They (NIA) have already examined 181 witnesses.

#2008MalegaonBombBlast case
#BombayHC

Shivade: But those were formal witnesses. There are enough documents to show that the sanction was illegal. Thus, we want the special court to again hear the matter on point of sanction. The special court has said it will consider at the time of trial but SC ruling says otherwise

Shivade cites Supreme Court order and states that the top court has held that sanction has to be decided at the time of discharge plea.

J Shinde: This would mean, we will have to hear the matter thoroughly. We will have to examine the correctness of the lower court order

Bench says it would hear matter physically on August 4 as there are technical glitches in the virtual hearing.

Shivade informs the bench that he won't be able to attend physical hearing due to his medical condition.

Bench agrees to hear now on point of remitting the matter.

Shivade is now reading the Supreme Court judgment wherein it has held that sanction's legality will use to be decided at the stage of discharge.

#BombayHC #2008MalegaonBlastCase

Shivade: Thus, the special Court's orders contradrict the SC ruling as it (special NIA court) has said it would decide sanction's legality at the time of final verdict. #MinistryOfDefence submitted some additional documents after the discharge plea was rejected.

#BombayHC

"Purohit was operating at source level providing inputs and was reporting to superior officers," Shivade reads out from the minsitry's documents.

These documents show that my client did what he was "trained to do."

#BombayHC #2008MalegaonBlast #SadhviPragya #ColPurohit

From these documents, Shivade is reading out statements that state that Purohit was informing about the #Faridabad conspiracy meeting to his seniors Col Raikar and Col Pachpure

#BombayHC #2008MalegaonBlast
#SadhviPragya #ColPurohit

Shivade is reading Supreme Court judgments to buttress his contentions on point of sanction.

#BombayHC #2008MalegaonBlast #SadhviPragya #ColPurohit

Shivade: SC has already held that no court should take cognizance of any offence allegedly committed by a public servant while discharging their official duty.

One or two more years would be wasted for trial and end of the day the special court would say sanction is needed.

Shivade: Let the matter be remanded back to the special court. If the Defence Ministry grants the sanction, I will face trial and if it doesn't then I will be discharged.

Thus, let the special court reconsider this issue. It would be like an opportunity for all the parties.

Shivade: Admittedly, both the #NIA and the #ATS haven't obtained sanction. This would set a bad precedent. In future agencies would prosecute public servants without sanction. My client has been reinstated in work. He has an outstanding career.

#BombayHC #2008MalegaonBlast

Shivade: I have infiltrated into all enemy organisations. Don't discharge me just because I have a good character but on facts of the case. I have gone out of my way to work for the nation.

Reads out Purohit's missions wherein he fought terrorism across the #LineOfControl

Shivade: Cites book "Unsung Heroes of Indian Army" which mentions Purohit's name. The book says I was protecting the prime minister. Cites various congratulatory letters written to Purohit by some officials and even the letter written by the then ATS chief asking him to deliver..

...lecture and share his experiences of facing terrorists in #Mizoram and his successful missions.
Infiltrating into enemy organisations isn't an easy task. What achievements I have done only my officer can say that.
#BombayHC #2008MalegaonBlast

Shivade: Is this matterial not sufficient to send me back to the special court for sanction? Only my superior officers would be in a position to speak about my work. Still if they give sanction, I am ready to face the trial.

#BombayHC #2008MalegaonBlast

Shivade: I am not asking your Lordships to quash or set aside the special court's orders but only let it consider whether sanction is needed. If yet the special court says that these fresh documents don't make any case for seeking a sanction, I will face the trial.
#BombayHC

Shivade concludes his arguments.

SPP Sandesh Patil to open arguments for NIA.
Discharge plea was rejected on grounds of merits and sanctioned under both UAPA act and CrPC. On all these grounds the special court has already rejected his discharge plea.

#BombayHC

Patil: Purohit has directly approached this court. He had the option to approach the special court and point out the new documents that he is relying on. But he didn't do that and came here directly.

#BombayHC #2008MalegaonBlast #ColPurohit #SadhviPragya

Patil: There is no need to quash or set aside the special Court's orders. Purohit can go back to the special court and draw its attention on these fresh documents.

But now much water has flown. Charges have been framed trial has started.
#BombayHC #2008MalegaonBlast

Patil: Purohit cannot ask for setting the clock back.
Reads out orders of Supreme Court by which it granted bail to #ColPurohit. "The SC has agreed to submissions of the ASG that sanction could be decided at the stage of trial," Patil.

#BombayHC #2008MalegaonBlast

Patil concludes arguments.

Bench adjourns matter till July 30, 3 pm for Sr Adv Bhallu Desai to argue.

Bench dictates order recordings submissions of Shivade and Patil, appearing for #ColPurohit and #NIA respectively.

#BombayHC #2008MalegaonBlast