New Delhi: The Supreme Court on Tuesday rejected the plea filed by Sameer Kulkarni, arrested for his alleged involvement in the 2008 Malegaon blast case, challenging the sanction for prosecution granted by the Maharashtra government under the Unlawful Activities Prevention Act.
A bench of Justices M M Sundresh and Aravind Kumar said it was not inclined to interfere with the Bombay High Court order which dismissed Kulkarni’s plea.
“We find no reason to interfere with the impugned judgement,” the bench said.
Senior advocate Shyam Divan, appearing for Kulkarni, submitted that the prosecution has not obtained sanction under Section 45(2) of UAPA and therefore the charges under the UAPA cannot be sustained.
Divan said once the matter shifts to the National Investigation Agency, there ought to be a sanction by the central government.
The apex court on April 30 had stayed proceedings against Kulkarni before the special court.
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