Mumbai – In a significant development in the Malegaon blast case, a special NIA Court in Mumbai has rejected the application filed by Lt Col Prasad Shrikant Purohit, seeking discharge from prosecution on the grounds that prior sanction under Section 197 CrPC and the Army Act was not obtained before proceeding against him.

The court held that the alleged criminal acts attributed to Purohit were not committed as part of his official duties as an Army officer, thereby eliminating the need for government sanction to prosecute.

Special Judge A. K. Lahoti, presiding over the National Investigation Agency (NIA) court, delivered a detailed order on July 31, 2025, stating that:

“The allegations against the accused pertain to activities far removed from the scope of his official military functions. The court finds no direct connection between the discharge of official duties and the alleged conspiracy or unlawful actions in this case.”

The court also emphasized that while the charges are yet to be proven, they are not fabricated or baseless, and thus, the trial must proceed. It cited that the allegations pertain to his alleged role in facilitating arms training and involvement in conspiracy meetings—none of which fall within the ambit of official Army assignments.

Lt Col Purohit is one of the key accused in the 2008 Malegaon bomb blast, which killed six people and injured over 100. The blast occurred near a mosque during the holy month of Ramadan.

Purohit was arrested in 2008 and spent nearly nine years in custody before being granted bail by the Supreme Court in 2017. He has consistently maintained that he was working under cover as part of military intelligence operations to infiltrate extremist groups.

His application contended that as an Army officer on intelligence duty, any alleged acts were carried out within the framework of his official assignment and therefore required sanction from the Central Government or Army Headquarters before prosecution.

The court ruled that Section 197 of the CrPC, which protects public servants from prosecution for acts done in the discharge of official duty, cannot be extended to shield actions that are purely personal, criminal in nature, or ultra vires of the duty.

“Mere presence in uniform or acting under the label of duty cannot be a cloak to evade judicial scrutiny,” the court stated.

The rejection of the sanction plea clears the path for trial to proceed against Purohit and other accused, including Sadhvi Pragya Singh Thakur (now a sitting MP), Sameer Kulkarni, and others. The NIA had already dropped charges under MCOCA (Maharashtra Control of Organised Crime Act) earlier but continues to prosecute the accused under the Unlawful Activities (Prevention) Act (UAPA), Explosives Act, and IPC.

This ruling may also influence how courts treat similar claims of “official duty” in sensitive cases involving security personnel.

Case Title: State v. Lt Col Prasad Shrikant Purohit & Others