Dark Truths of Malegaon 2008 case

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On 17 Jan 2009 Govt of Maharashtra gave Sanction to prosecute the accused
Order was signed by Home Secretary Chitkala Zutshi
Sanction order was under section 45 UAPA 1967 (Amendment 2004)
Lo and Behold !
UAPA 1967 had been amended on 31 Dec 2008 which required sanction of Central govt before any Court could take Cognizance of any offence
The Rules specified that before granting prosecution sanction, it will mandatorily be recommended by Director of Prosecution
Maharashtra Gazette Extraordinary of 28 May 2010 appointed Director of Prosecution as the recommending authority under the Act wef 26 May 2010
Director of Prosecution, Maharashtra confirmed that the case papers had not been received by them
Govt of India confirmed that they have not sanctioned prosecution under UAPA.
In a nutshell, Sanction by Home Secy Maharashtra was without legal authority.
Central govt didn't sanction prosecution.
File didn't go through Dir Prosecution as envisaged in law.
Accused languished in jail for 9 yrs.
Trial is ab-initio defective in law.
Case lingers on..
Trial Court doesn't listen. Took cognizance, proceeded with trial. Honourable High Court is sitting on the file.
Govt, Bar, Bench, Human Rights, Activists, etc are all silent bcoz accused are Hindu.
@SadhviPragya_MP is not Safoora & hasn't got humanitarian grounds.
Purohit isn't Headmaster's son & so ineligible for sympathy.
Major Ramesh Upadhyay as ESM isn't a saleable currency for BJP, RSS.
Sameer Kulkarni is hated by shop owners of Hinduism.
Others are already forgotten & in oblivion.
Govt doesn't hv courage to close the case.
God save the motherland!
Hindus hv no Mai Baap. Each one of us is on his own. It was always so. It still is.
Jai Hind !
You can follow @MajorUpadhyay.
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