The Supreme Court, today, dismissed the petition filed by Sameer Sharad Kulkarni, accused in the 2008 Malegaon Bomb Blast Case challenging the trial before the Special National Investigation Agency Court, Mumbai, asserting that it lacks the valid sanction granted by the competent authority as per Section 45 of the Unlawful Activities (Prevention) Act, 1967 ('UAPA').

The Bench of Justice MM Sundresh and Justice Aravind Kumar ordered, "We find no reason to interfere with the impugned judgment."

Senior Advocate Shyam Diwan appeared on behalf of Kulkarni and Additional Solicitor General Aishwarya Bhati appeared for the State.

Diwan submitted, "Our respectful submission is that the trial, as far as UAPA qua me is concerned, ought not to proceed, and if they fail to produce the sanction here before this Court prima facie, then some detailed arguments can be made elsewhere. But today, at least produce the sanction...no sanction is forthcoming."

Diwan referred to Section 45 of the UAPA which deals with cognizance of offences. He also referred to the timeline of events that took place in 2008.

Diwan submitted, "Once the matter shifts to NIA, in our respectful submission there ought to be a sanction by the Central Govt...So there is a twin requirement under sub-section 2 and sub-section 1...This is the long and short of my respectful submission...as far as the trial is concerned...I should not be vexed as far the trial is concerned on this particular issue because you have an opportunity here to produce it (Sanction)...But if there is no sanction either under 45 or indeed under 45(2), this petition deserves to be allowed."

Justice Kumar asked, "Who are PW-304 and 310?"

Diwan replied, "They are the sanctioning authority."

Justice Kumar then said, "So they have already tendered their evidence...Can it be evaluated at this stage?"

Diwan replied, "No, but they must produce it over here...They have not produced anything. That is my whole case."

The Court then dismissed the case.

On April 30, 2024, the Supreme Court had stayed the trial before the Special Court. The SLP challenged the order passed by the Bombay High Court, which had dismissed the appeal filed by the petitioner concerning the competence of the court to conduct the trial. Additionally, the High Court had also rejected the challenge against the absence of a valid sanction granted under the UAPA.

The petitioner in the SLP submits that the entire exercise is being done in futility and that such a proceeding is null and void and without jurisdiction. The Petitioner states that in the absence of the sanction as per law he is being harassed and his rights under Article 21 of the Constitution are being infringed. The Supreme Court, in November 2023, had sought the response of the State of Maharashtra in the SLP.

In September 2008, on the evening of September 29, 2008, a bomb, planted on a motorcycle, exploded in the city of Malegaon, Maharashtra opposite a religious shrine. This tragic incident resulted in the loss of six lives and caused injuries to 101 people. Sameer Sharad Kulkrani, the Petitioner and one of the accused in the bomb blast was arrested for allegedly committing offences under Sections16 and 18 of the UAPA and under Section 120B read with Sections 302, 307, 324, 326, 427, 153A of the Indian Penal Code and under Sections 3, 4, 5 and 6 of the Explosive Substance Act, 1908.

The SLP highlights that on April 1, 2011, the Central Government entrusted the investigation to the NIA. However, the NIA filed the chargesheet without obtaining the required sanction from the Central Government as mandated by Section 45(2) of the UAPA. Additionally, it points out that the trial is not being conducted by a Court established by the Central Government under Section 11 of the NIA Act, but rather, it is being tried by a Court established by the State Government under Section 22 of the NIA Act.

In December 2021, a witness in the Blast Case whose statement had been recorded by Maharashtra Anti-Terrorism Squad, claimed in lower court that the ATS had threatened him to take the names of Uttar Pradesh Chief Minister Yogi Adityanath and four RSS leaders. Notably, former Mumbai Police Commissioner Param Bir Singh was posted as Additional Commissioner of the ATS, when it probed the Malegaon blast case. His statement had been recorded by the ATS when it probed the case before the NIA took over the case.

Cause Title: Sameer Sharad Kulkarni v. State of Maharashtra (SLP(Crl.)No(s). 11824/2023)

Justice MM SundreshJustice Aravind KumarMalegoan Blast Case

Aastha Kaushik