New Delhi: The Supreme Court on Tuesday rejected the plea filed by Sameer Kulkarni, arrested for his alleged involvement in the 2008 Malegaon blast case, challenging the sanction for prosecution granted by the Maharashtra government under the Unlawful Activities Prevention Act.
A bench of Justices M M Sundresh and Aravind Kumar said it was not inclined to interfere with the Bombay High Court order which dismissed Kulkarni’s plea.
“We find no reason to interfere with the impugned judgement,” the bench said.
Senior advocate Shyam Divan, appearing for Kulkarni, submitted that the prosecution has not obtained sanction under Section 45(2) of UAPA and therefore the charges under the UAPA cannot be sustained.
Divan said once the matter shifts to the National Investigation Agency, there ought to be a sanction by the central government.
The apex court on April 30 had stayed proceedings against Kulkarni before the special court.
Kulkarni had moved the top court challenging the high court order dated June 28, 2023 challenging the trial in the special NIA court, Mumbai, contending that it lacks the valid sanction granted by the competent authority in accordance with Section 45 of the Unlawful Activities (Prevention) Act.
Six persons were killed and nearly 100 injured when a bomb strapped to a motorcycle exploded in Malegaon town in Nashik district of Maharashtra on September 29, 2008.
Sadhvi Pragya Singh Thakur and Lt Col Prasad Shrikant Purohit were arrested in the same year with nine others for the blast conspiracy.
The NIA, which took over the probe from the Maharashtra ATS, gave a clean chit to Sadhvi Pragya.
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