Mumbai, September 09: The Bombay High Court on Tuesday posted the hearing of state’s appeal against trial court’s decision to revoke stringent MCOCA in Malegaon blast case to 6th October.
Upon the request made by senior counsel Harish Salve, who appeared for the state government, the High Court made it clear that trial court’s order will not come in the way of further investigation under MCOCA, for now.
Division bench of justices Bilal Nazki and A R Joshi adjourned the hearing as respondents wanted time to file reply.
But advocate Salve told the court that since three accused are still absconding and further investigation was necessary, it should be clarified that trial court’s order (revoking MCOCA) would not come in the way.
The division bench clarified that probe could proceed.
On 31st July this year, special trial court here held that 11 accused including Sadhvi Pragya Singh and Lt Col Prasad Purohit in Malegaon blast case cannot be tried under the Maharashtra Control of Organised Crime Act.
Special MCOCA Judge Y D Shinde had observed that none of the accused were part of the “organised crime syndicate”, as defined under MCOCA.
Seven people were killed in a bomb blast on 29th September, 2008 at Malegaon, a textile town near Nashik.
–Agencies