NIA, Maha Govt Oppose Bail Pleas of Elgar Parishad Accused; HC Reserves Order

The Maharashtra authorities in addition to the National Investigation Agency (NIA) on Wednesday opposed purposes for `default’ bail filed by a few of the accused within the Elgar Parishad-Maoists hyperlinks case earlier than the Bombay High Court. After each side concluded arguments, the courtroom reserved its order.

Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira have challenged the ability of the Pune classes courtroom which took cognizance of the cost sheet in 2019, and sought bail on this technical floor or `by default’. On Wednesday, senior advocate Sudeep Pasbola, Dhawale’s lawyer, instructed a bench of Justices S S Shinde and N J Jamadar that the accused had been booked for `scheduled offenses’ underneath the Unlawful Activities (Prevention) Act (UAPA), and therefore solely a particular courtroom for UAPA circumstances might have dealt with the case and never an unusual classes courtroom.

On the opposite hand, Advocate General Ashutosh Kumbhakoni, the state authorities’s lawyer, argued that in September 2018 the Pune courtroom had granted extension of 90 days to Pune Police (who probed the case initially) to file a cost sheet. As the cost sheet was filed inside that interval, the accused weren’t entitled to default bail, he mentioned.

Additional Solicitor General Anil Singh, who appeared for the NIA, made the identical argument. A courtroom taking cognizance of cost sheet has no relevance for default bail software, he added.Advocate Pasbola mentioned the NIA’s argument was that the case ought to have gone earlier than a particular courtroom solely after the central company took it over in January 2020, however that was not what the legislation mandated.

The bench then reserved the matter for order. Activist and lawyer Sudha Bharadwaj, a co-accused, too had filed the same plea earlier this 12 months looking for default bail.Bharadwaj’s counsel and senior advocate Yug Chaudhry had argued earlier than the HC that choose Okay D Vadane, who had taken cognizance of the police’s cost sheet and remanded Bharadwaj and 7 different accused in judicial custody, was not a delegated particular choose.

The bench led by Justice Shinde reserved its order on Bharadwaj’s plea on August 4. It is but to be pronounced. The case pertains to Elgar Parishad, a conclave held in Pune on December 31, 2017. Pune Police had alleged that it had been backed by Maoists, and provocative speeches made there led to caste violence close to Bhima-Koregaon battle memorial the following day.

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