2008 Malegaon blast: Accused tries to assert patriotism while seeking bail in HC

The 2008 Malegaon blast accused, Lt Colonel Shrikant Purohit claimed before the Bombay High Court on Monday that there existed little evidence against him and that he was being falsely incriminated in the case.

Purohit went on to recount before the court how he had “killed many terrorists” while in service, and “prevented an infiltration bid,” thus, attempting to establish that he was a patriot who had “risked his own security” for the nation and hence, could not have taken part in any terrorist activity himself.

Purohit’s counsel advocate Shrikant Shivade read out from his service record telling the court that while in service, Purohit “had killed three terrorists...risking his own life and safety.. that he displayed courage in the face of hostile fire..”

The submissions came while the court was hearing a plea filed by Purohit seeking bail in the case.

During the previous hearing, Purohit had argued that the Maharashtra Anti-terrorism Squad (ATS) had “fabricated evidence” in the case to “incriminate him,” and that, such injudiciousness on part of the ATS was a “substantive ground” for him to seek bail.

He has claimed in his plea that he has been in detention for eight years and that his bail plea has consistently been denied by a special court since 2010.

He has also urged the court to consider that in its supplementary chargesheet filed before the special court last year, the NIA had dropped the stringent charge of MCOCA against all accused in the case including him.

He has argued that while the NIA has now suggested that Purohit and the others who are still facing trial in the case, be tried under the Unlawful Activities Prevention Act (UAPA) that still remains valid, the provisions of UAPA that has rather stringent conditions on bail “should not be applied to his case retrospectively.”

HC is likely to continue the hearing on Purohit’s plea on Wednesday.

Also read: 2008 Malegaon blast accused tells HC that ATS implicated him