Malegaon blasts case: SC declines to consider plea by Prasad Purohit against lack of sanction [Read Order]

NEW DELHI: The Supreme Court has declined to entertain a plea by Lt Col Prasad Shrikant Purohit against the Bombay High Court's order which held no sanction was required for his prosecution in 2008 Malegaon blasts case.

A bench of Justices Hrishikesh Roy and Manoj Misra, however, said that the observation made by the High Court in the order passed on January 2, 2023 for "the purpose of examining the issue of sanction should not prejudice either the prosecution or the defence, in the proceedings before the trial court".

"The challenge here is to the order of the High Court whereby it was observed that sanction is not needed under Section 197(2) of the CrPC for the prosecution of the petitioner as his impugned conduct do not pertain to any of his official duties. Having noted the basis of the impugned judgment, we see no reason to interfere with the same and accordingly, the Special Leave Petition is not entertained," the bench said in its brief order.

The top court dismissed the special leave petition by Purohit after hearing senior advocate Mukul Rohatgi and advocate K Parameshwar on his behalf.

Advocate Gaurav Agrawal appeared for the National Investigation Agency.

In its decision, the High Court's division bench of Justices A S Gadkari and Prakash Naik had rejected a plea for discharge made by Purohit due to absence of sanction, saying it was not needed as he was not on official duty.

As many as six people were killed and over 100 injured in 2008 Malegaon blasts case.

Besides Purohit, BJP MP Pragya Singh and four others are facing trial in the case.

In his plea, Purohit had claimed he had informed his superiors in Indian Army that he infiltrated and 'Abhinav Bharat' and attended its meetings for collecting intelligence.

[Read Order]