‘Cannot revoke MCOCA in case’

In a major development in the Malegaon 2008 bomb blast case, the National Investigation Agency on Tuesday informed the special NIA court that the probing agency now is of the opinion that stringent law Maharashtra Control of Organised Crime Act (MCOCA) cannot be invoked in the case and it is seeking the Attorney General’s opinion in this regard. The NIA prosecutor sought adjournment on arguments for framing of charges till it gets a response to its letter, however the court adjourned the hearing till February 15.

Special NIA judge S.D. Tekale had fixed the Malegaon 2008 blast matter for hearing arguments on framing of charges on February 2, however, NIA prosecutor Avinash Rasal informed the court the that agency has forwarded its submission and report along with necessary comments of the supervisory officer to the NIA headquarters in Delhi. He told the court that the NIA is of the opinion that MCOCA is not applicable on Malegaon 2008 blast case and it is seeking the necessary advice from senior supervisory officer.

Advocate Rasal confirmed filing an application and seeking adjournment in the matter.

“Since the issue is important, the matter has been referred to the ministry of home affairs with the request that the esteemed opinion of Attorney General of India should be obtained in this matter,” said the application filed by advocate Rasal adding that in view of this situation, the prosecution had been unable to make progress in filing its report on completion of investigation.

Advocate Rasal requested the court to adjourn the hearing till the agency receives a response from the Attorney General. However, the judge adjourned the hearing till February 15 and told the prosecution that if the agency fails to file a report till the next date of hearing, the court would go ahead with its procedure.

Aparna Purohit, wife of Col. Shrikant Prasad Purohit, one of the accused in the case while speaking to The Asian Age, said that the step taken by NIA is satisfactory. “However, it (the decision to drop MCOCA) should come from the Attorney General,” she said.

It may be recalled that Col. Purohit and a few other accused had approached the Supreme Court challenging applicability of MCOCA on this case. The application had been pending for almost four-and-half years and then in April 2015 the apex court had directed the Bombay high court to appoint a judge for special NIA court who would decide on the bail plea of accused as well as applicability of MCOCA on the case.

As per direction of the apex court, NIA special court was appointed and the judge rejected the bail application filed by accused and it was supposed to hear arguments on framing of charges on Tuesday.

This case had hit a controversy last year when former special public prosecutor Rohini Salian claimed that an NIA officer had asked her to go slow in the case. She had claimed that since the new government came to power she has been under pressure from the NIA to handle the case lightly. The NIA officially countered the statement saying that the trial was yet to begin and there was no question of going slow at this stage.