[Malegaon Blasts] Assist us on the source of the document and why other side cannot consider it: Bombay High Court to Lt Col Purohit

The Bombay High Court on Wednesday sought to know from Malegaon Blast accused Lieutenant Colonel Prasad Shrikant Purohit the source of a document relied upon by his lawyer..The Bench of Justice SS Shinde and Manish Pitale was hearing Purohit’s plea alleging that the cognizance taken by the Special Court against him in the Malegaon Blasts case was without obtaining the requisite sanction from the government under the Code of Criminal Procedure (CrPC)..Appearing for Purohit, Advocate Shrikant Shivade had been relying upon many documents from the Army to show how Purohit had been part of the “conspiracy meetings” as part of his official duty..The counsel tendered a document to the Court which he claimed to be a letter written by Purohit to his supervisor in the year 2005 informing him about a "conspiracy meeting" as part of his military intelligence work. While submitting the same to the Court, Shivade clarified that due to confidentiality, he cannot give a copy of the document to the other side..Justice Shinde intervened and asked Shivade on the source of the document, why the Court should consider it, and why it couldn’t be shown to the other side?Explaining his question, Justice Shinde gave an example. "Police officers give letters to us in sealed cover. We read it and return it back to them. They ask us to keep it confidential. But we consider it because it comes from official sources,” he said..The reason behind seeking clarification, Justice Shinde said, was to assist the Court in writing its reasoned judgment. “When we write the judgment we have to include all points, what to see, what not to see.”.Shivade replied that if the Court so directs, he will give a copy to the other side. The Court refused to pass any such directions, reminding him that this document was submitted by his client on the condition that he will not share it with anyone else..Shivade then requested the Court to issue notice to the requisite authority so that they can produce the documents before them. This was also strongly rejected by the Court. “Why should we issue notice? What and whom do you want directions for is the petitioner’s issue.”.He further apprised the Court that Purohit was only charged with abetment and that charges under the Maharashtra Control of Organised Crimes Act (MCOCA) were also dropped against him. He said,“Admittedly, there is no charge, I am not the culprit. The culprits are absconding. Case against me is that I abetted, general abetment, and I have attended meetings. The person who was most vocal (in the meeting) is the witness. In the meeting that took place in January even remotely there was no discussion on the blast which took place in September.”.Shivade was referring to the meeting of January 2008 where the conspiracy behind the Malegaon Blast was allegedly hatched, according to the National Investigation Agency (NIA)..Upon discovering that Purohit became aware of the documents in 2009, Justice Pitale enquired why he waited till now to raise this objection of sanction.Shivade responded that the Special Court asked him to wait till the framing of charges to raise this objection and that the charges came to be framed only in 2018..At this point, the Court enquired if there were any other military personnel present in the meeting..When Shivade responded in affirmative and added that Purohit had carried out many successful operations in the past, Justice Shinde mused as to why the military would take action against him despite knowing the work he was doing..Shivade responded that Purohit’s superior handed him over to the Anti-Terrorist Squad in 2008 after he allegedly forged the arrest warrant against him..Not entirely convinced, the Court enquired why the military would intervene in internal matters of the country, when they, as a matter of practice, refuse to intervene..Justice Shinde stated, “Unless and until there are specific orders, the Armed Forces does not get involved in the internal matters of the country. They say we are to fight at the border, not with the citizens."Justice Pitale added, “If you recollect, the Air Force Chief had refused to use the planes against the Maoists. Because he said once they get involved, then there will be collateral damage.”.Shivade, however, maintained that this was not the case and that Army intelligence had aided in infiltrating organisations..When he proceeded to substantiate this argument with a letter dated September 13, 2005 written to his superior, the Court asked him to consult with his client and try and submit the document to the Court through the official source..Granting time to Purohit to clarify his stand on the documentation issue, the Bench adjourned the matter and will take it up for further arguments in the following week..In the previous hearing, the Court enquired about Lt Col Purohit's attendance in the alleged conspiracy meetings which discussed plans to conduct the blasts and what steps he took to prevent the blasts after he attended the alleged meetings..[Malegaon Blasts] Who asked you to attend conspiracy meetings, what steps did you take to prevent it? Bombay High Court to Lt. Col. Purohit