2008 Malegaon blast: SC seeks Maharashtra govt's response on accused's plea citing lack of valid sanction

New Delhi [India], November 2 : The Supreme Court has sought the response of the Maharashtra government on an appeal filed by Sameer Kulkarni, one of the accused in the 2008 Malegaon bomb blast case, seeking a stay of proceedings under the Unlawful Activities (Prevention) Act (UAPA), claiming that the sanction taken to prosecute him was not proper.
A bench of Justice AS Bopanna and Justice PS Narasimha issued notice to the Maharashtra government and sought its response within three weeks.
"Issue notice to the respondent(s), returnable in three weeks. List the matter after four weeks. Counter affidavit, if any, be filed in the meantime," the bench stated in its order.
The plea, filed by Sameer Kulkarni through his advocate Vishnu Shankar Jain, challenged the competence of the trial court to conduct the trial, and also that without a valid sanction under Section 45(2) of the UAPA.
It has challenged the June 28, 2023, order of the Bombay High Court, which had upheld the April 24, 2023, order of the NIA court rejecting Kulkarni's plea regarding the competence of the court to hold the trial without valid sanction.
"No trial can commence and the entire exercise is being done in futility and such proceeding is null and void and without jurisdiction and the petitioner is being harassed and his rights under Section 21 are being infringed," the plea stated.
Kulkarni, along with six others, including BJP MP Pragya Singh Thakur and Lieutenant Colonel Prasad Purohit, is facing trial for the blast at Malegaon on September 29, 2008.