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Malegaon case: SC extends stay against Purohit's interrogation

January 04, 2012 17:59 IST

The Supreme Court on Wednesday extended its order restraining the National Investigation Agency from interrogating 2008 Malegaon blast accused Lt Col Shrikant Prasad Purohit and Sudhakar Dhar Dwivedi till further direction.

A bench of justices H L Dattu and C K Prasad extended the stay of the Bombay High Court order allowing the agency to interrogate him and also impleaded the NIA on the bail plea of Purohit. Purohit approached the apex court challenging the high court's October 20 order allowing NIA to take him from the judicial custody to interrogate him.

The bench asked the NIA, the Centre and the Maharashtra government to file their response within a week and posted the matter for final disposal after two weeks.

On December 16 last year, the bench had stayed the operation of the high court's order. Dwivedi also challenged the order of the high court and the trial court allowing NIA to take him from judicial custody for his custodial interrogation.

Purohit's bail was rejected on November 9 by the high court which had allowed liberty to another co-accused Ajay Rahirkar on certain conditions.

"Lt. Col Purohit was not just involved in talking about Hindu rashtra but is alleged to have been instrumental in making RDX available," the high court had said while rejecting his bail.

"Reliability of evidence about his bragging to a witness that he had RDX in his possession and the evidence about finding of RDX on a cotton swab would have to be decided at trial. Therefore, he would not be entitled to bail," the high court had said.

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