New Delhi: Lt. Col. Prasad Shrikant Purohit on Thursday moved the Supreme Court challenging an order of the Bombay High Court refusing to quash the cognisance taken by the trial court in the 2008 Malegaon bomb blast case.
In his appeal against the High Court order, Purohit said he had sought quashing of cognisance taken by the Special Court, National Investigation Agency at Greater Bombay, of the offences initiated against the petitioner under the provisions of Unlawful Activities Prevention Act for want of valid sanction, mandated by S. 45 (1) and (2) of the Act.
The High Court, while dismissing the petition, observed that the issue of sanction could be decided at the stage of trial.
He said it is settled that when a safeguard or a right is provided favouring the accused, compliance thereto has to be strictly construed and that absence of sanction prior to cognisance is not a mere technical defect. Hence continuance of prosecution in the absence of a valid sanction shall be deemed to be non est in the eyes of law.
