Lawstreet Journal

Malegaon Blast: In Open Court Concept Copy of Documents to be Given to Other Side, says Bombay HC to Purohit

Lawstreet Journal 5 Mar 2021 9:46pm

Image courtesy: Lawstreet Journal Judiciary Malegaon Blast: In Open Court Concept Copy of Documents to be Given to Other Side, says Bombay HC to Purohit

The accused in the case of Malegaon blasts of 2008, Lt. Colonel Prasad Purohit was not allowed by the Bombay High Court to furnish some ‘confidential’ documents that were related to his service in the Indian Army without giving a copy to the intervenor, who is a victim of the blast. 

The Division Bench comprising of Justices Manish Pitale and SS Shinde opined compulsorily that if the Petitioner wanted to rely on a document then it has to be given to the Respondents for consideration of the same. 

Justice Shinde said, “This is the concept of an open court. If you want us to consider the document in our judgment, a copy must be given to the other side.”

In this said petition, which was being heard by the Bombay HC, Purohit, the Petitioner challenged the special National Investigation Agency’s decision. The agency had decided on taking cognizance of the charge sheet which was filed against him even without the sanction from the Central Government in order to prosecute him as under Sec 197(2), CrPC. 

Section 197(2), CrPC states: 

“No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.”

Pertaining to the alleged conspiracy meetings that he had attended on January 25 and 26, 2008, he claimed that they were on the concept of Abhinav Bharat, floating of a Hindu Rashtra… Continue Reading...

Tagged: Bombay High Court  
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