Why did Lt. Colonel Prasad Purohit not avert Malegaon bomb blast if he knew about it: Bombay Hight Court

The Bombay High Court on Monday questioned the logic behind Malegaon blasts accused Lieutenant Colonel Prasad Purohit's argument that he had attended the meetings of indicted organisation Abhinav Bharat as part of his official duty to gather information. .Purohit, a serving army officer, had sought discharge in the case on the ground that he had attended meetings of Abhinav Bharat - where conspiracy for the blasts were hatched - on the instruction of his superior officers. However, a bench of Justices AS Gadkari and PD Naik asked why Colonel Purohit did not do anything to prevent the blasts if he knew about it. "If the contention of the Appellant that, he was directed to perform official duty to gather information regarding ‘Abhinav Bharat’ is to be accepted then the question remains to be answered that, why he did not avert the bomb blast in the civilian locality of Malegaon which caused loss of life of six innocent persons and severe to grievous injuries to about 100 persons. Even otherwise indulging into an activity of a bomb explosion causing death of six persons is not an act done by the Appellant in his official duty," the bench said.These observations were made the Court in its order rejecting a discharge petition filed by Purohit..Purohit had also claimed that the prosecuting agency had failed to obtain proper sanction to prosecute a serving army officer, which was a mandate under the Code of Criminal Procedure. The Bench, however, rejected this contention opining that since the acts had not been committed as part of official duties and there was no question of seeking proper sanction."According to us, there is no reasonable connection between the offence alleged against the Appellant and his official duty. The act alleged against the Appellant has not been committed in discharge of his official duty. Therefore no question at all of according sanction under Section 197 of Cr.P.C. to prosecute Appellant arises," the Court held..Purohit moved the High Court challeging an order of the lower court rejecting his discharge application on the ground that the Centre had not taken proper sanction to prosecute a serving army officer. The Bench rejected the appeal today..[Read Order]