Mumbai: The Bombay High Court on Friday asked Maharashtra Government whether it had any objection in granting bail to Sadhvi Pragya Singh Thakur, one of the prime accused in the 2008 Malegaon blast, on medical grounds.
If she wants bail to get herself treated, would you object to it, Justice R C Chavan sought to know.
The judge directed the government to ponder over the issue and give a statement on January 28.
Sadhvi`s counsel Mahesh Jethmalani argued that his client needed bail to get herself treated in hospital. She did not want to undergo treatment in police custody.
The government counsel, on the other hand, submitted that Sadhvi can undergo treatment in hospital while she is in police custody and all necessary help would be provided to the accused.
However, the court said that she was not well and that she would not run away from the trial. In such cases, bail is generally given. Do you want to see her alive or not?, the Judge asked.
A week ago, the Court had asked Sadhvi to inform whether she wanted to undergo cancer surgery here or in Bhopal, where she is currently lodged in the Central jail.
Sadhvi`s lawyers Mahesh Jethmalani and Ganesh Sovani had submitted that Jawaharlal Nehru Cancer hospital in Bhopal had conducted a mammography test on her recently and opined that she was suffering from breast cancer.
Accordingly, she might undergo treatment in Jawaharlal hospital in Bhopal or in Tata Cancer hospital in Mumbai, they said.
However, Justice RC Chavan asked Sadhvi to exercise her choice and inform the court.
Her lawyers told the Court today that Sadhvi wanted to undergo treatment after securing bail. Sadhvi was brought from Mumbai to Bhopal last year for murder trial of former RSS worker Sunil Joshi.
Joshi had been killed in Dewas on December 29, 2007, following which a case was registered against Pragya and others by Madhya Pradesh police. The investigation into the case was later taken over by the NIA.
Sadhvi is one of the prime accused in the Malegaon blasts case of September 29, 2008, in which six persons were killed and 100 others were injured.
On January 19, 2009, Maharashtra police filed a charge sheet for the Malegaon blast. According to the chargesheet, Lt Col Prasad Purohit was the main conspirator, who provided the explosives and Pragya arranged for the persons, who planted the explosives.