MUMBAI: The Bombay high court has directed the Union government to respond to a petition filed by Sadhvi Pragya Singh Thakur, one of the prime accused in the 2008 Malegaon blast case, challenging the constitutional validity of the National Investigation Agency (NIA).
A division bench of Justice Abhay Oka and justice Sambhaji Shinde have given the Centre time till February 4, 2013 to file its reply.
The Sadhvi had challenged an April 2011 order of the Centre transferring probe in the blasts case to the NIA. The petition claimed that the Union government could not have done so without a nod from the state government.
Claiming that there was a political conspiracy behind the move, the petition said: "NIA does not have retrospective power to re-investigate into those offences where charge sheet has been already filed by state investigating agencies."
The court however questioned whether an accused had any locus standi or right under the law to challenge transfer of investigations.
An RDX bomb had exploded on September 29, 2008 in Malegaon killing six and injuring 101.Twelve persons were arrested in the case, including the Sadhvi and serving Lt. Col. of the Indian Army, Prasad Purohit.
Bombay HC asks Centre to file reply on Sadhvi Pragya's petition challenging validity of NIA
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Bombay HC asks Centre to file reply on Sadhvi Pragya's petition challenging validity of NIA
