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State govt moves high court to press MCOCA charge
The Maharashtra govt has filed an appeal in the Bombay HC challenging the revocation of the provisions of MCOCA in the Malegaon blasts case.
Updated : Nov 19, 2013, 11:17 PM IST
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The Bombay high court issued notices to all accused in the Malegaon blasts case of 2008, on Monday, and stayed trial proceedings before the sessions court till September 8. The high court was hearing the state government’s appeal challenging the sessions court’s revocation of Maharashtra Control of Organised Crime Act (MCOCA) charges slapped on the blasts accused.
The order diminishes the chances of the 11 accused, including Sadhvi Pragya Singh Thakur and Lt Col Prasad Purohit, securing bail, as the sessions court can not pass any orders till the high court lifts the stay.
The special court had dropped the charges on the basis of a technical aspect of “cognisance”. Special judge YD Shinde had observed on July 31 that the condition that two charge sheets are needed against the accused, which is essential in levying the MCOCA charge was not satisfied.
However, in the appeal filed before the high court by special counsels for the state government, Ashutosh Kumbhakoni and Amit Desai stated that two charge sheets have been filed against the accused persons for the blasts at mosques in Parbhani and Jalna.
