Rakesh Dhawade, accused in a blast which occurred in Masjid at Jalna in 2004, had challenged an order of a sessions court in which the Judge held that the case should be kept in abeyance in view of Section 10 of MCOCA.
This provision says that trial by a Special Court shall have precedence over the trial of any other case against an accused in any other court.
However, Justice A V Nirgude, while directing that the sessions case would continue, observed that looking into the facts and circumstances of the case, the sessions Judge should not have kept the trial against the accused in abeyance.
"The sessions case is pending since 2007. Most of the trial is almost over. On the other hand, the case under MCOCA is pending and has not made significant progress in the trial. Even the charge is not framed. So, it would have been proper for the Sessions Judge in Jalna to continue with the trial and dispose of the case", the judge recently observed.
"He (the Sessions Judge) could have taken the view (which he has taken in the impugned order) only if the State had objected to the continuation of the sessions case. Even they did not want to get precedence to the trial of the special case over the sessions case", Justice Nirgude noted. (More)