The Supreme Court on Tuesday halted the trial court proceedings against Sameer Kulkarni, a defendant in the 2008 Malegaon bomb blast case. This decision came during the hearing of his plea, where he argued that the authorization to prosecute him under the Unlawful Activities (Prevention) Act was not appropriate.
A bench comprising Justice AS Bopanna and Justice Sanjay Kumar halted the trial court proceedings and scheduled the case for hearing on July 23. Kulkarni had submitted a petition to the apex court seeking a stay on the proceedings under the UAPA, contending that the authorization for his prosecution was not appropriate.
Previously, the bench had issued notice to the Maharashtra government, requesting its response.
Filed by advocate Vishnu Shankar Jain, Kulkarni’s plea contested the trial court’s authority to conduct the trial, highlighting the absence of a valid sanction under Section 45(2) of the UAPA.
The plea contested the June 28, 2023, decision of the Bombay High Court, which upheld the April 24, 2023, ruling of the NIA court rejecting Kulkarni’s argument regarding the competence of the court to conduct the trial without a valid sanction.
“No trial can commence and the entire exercise is being done in futility and such proceeding is null and void and without jurisdiction and the petitioner is being harassed and his rights under section 21 are being infringed,” the plea stated.
Kulkarni, along with six others, including BJP MP Pragya Singh Thakur and Lieutenant Colonel Prasad Purohit, is currently undergoing trial for the Malegaon blast on September 29, 2008.