New Delhi: The Armed Forces Tribunal on Thursday
asked the Army to clarify if any aspect investigated in the
Court of Inquiry (CoI) against Malegaon blast accused Lt Col
Prasad Shrikant Purohit overlapped the charges for which he is
being tried by a special MCOCA court.
The two-member Bench headed by Justice S S Kulshreshtha
and Lt Gen S S Dhillon also directed the Army to provide some
of the documents related to the CoI against Purohit to his
counsel Neela Gokhale.
The Tribunal had earlier sought to know from the Army
if it could hold a probe against Purohit when he was already
being tried by the MCOCA court.
Purohit has filed a petition in the Tribunal to quash
the CoI against him and prevent the Army from taking further
action in his case.
After he was arrested in November 2008 by the Maharashtra
Anti-Terrorist Squad in connection with the September 29 blast
killing seven people, the Army had ordered a Court of Inquiry
against him from April 7 last year.
The CoI, under the Lucknow-based Central Command, was
completed earlier this year and had recommended Purohit`s
dismissal after finding him "blameworthy" on several counts.
In his petition, Purohit has contended that the CoI
convened against him should be quashed as it was "bad in law"
and violated the provisions of the Army Act and rules.
Purohit has also sought copies of statements of
witnesses who deposed against him during the CoI. He said the
Army Rule 180 was violated as the statements of witnesses were
recorded in his absence.