Will the Malegaon blast case accused get way with murder?

The Hindu
August 01, 2009


Court scraps MCOCA in Malegaon case

Staff Reporter

Anti-Terrorism Squad has obtained a stay on the order

Mumbai: In a major blow to the Maharashtra Anti-Terrorism Squad (ATS), the Maharashtra Control of Organised Crimes Act (MCOCA) court on Friday revoked the application of MCOCA in the Malegaon blast case of September 29, 2008.

However, the ATS has obtained a stay on the order, ATS chief K.P. Raghuvanshi told The Hindu. “We have obtained a stay of four weeks. We are going to challenge the order in the High Court,” he said.

The operative part of the order states that the case will be transferred to the sessions court (in Nashik), Mr. Raghuvanshi said.

Advocate Shrikant Shivade who represents the alleged mastermind Lieutenant Colonel Prasad Shrikant Purohit told The Hindu that all the 11 accused in the case have been discharged from MCOCA.

“If the court comes to the conclusion that MCOCA is not applicable, then all the accused can be discharged even if they have not applied for bail,” Mr. Shivade said.

He said the court’s order was in response to two bail petitions of accused Purohit and Ajay Rahirkar.

MCOCA was applied in the case on the basis of two charge sheets against Rakesh Dattaram Dhawde, for his involvement in the Nanded and Parbhani blasts.

At the time of taking cognisance of the charges under MCOCA, Mr. Shivade had held that the two charge sheets were filed after the Malegaon blast.

Secondly, cognisance on one of the charge sheets was taken after the application of MCOCA in the Malegaon case on November 20, 2008.

The prosecution had refuted this argument.