Mumbai: The Maharashtra government on Friday said the Pune Police had ample evidence against the accused in the Elgar Parishad case and its transfer to the National Investigation Agency (NIA) was not tenable.
The state government was filing its reply before a sessions court in Pune on the agency’s application seeking transfer of the case to an NIA court in Mumbai.
While opposing the transfer, the state government in its reply said: “It is not a case of arrest because of mere dissenting views expressed or difference in the political ideology of the named accused but concerning their link with members of the banned organisation and its activities.”
The reply further states that there is ample evidence against all the accused before the court as well as the accused who have absconded. The reply specifically names Gautam Navlakha and Anand Tetumbde.
The reply says the application by NIA is not legally tenable under provisions of law and the central agency has not given legal and sufficient reasons for transferring the proceedings to NIA court in Mumbai.
The reply adds that the offence was committed within the local jurisdiction of the Pune court, a chargesheet has been filed and the police are in the midst of framing charges.
“Section 11 of NIA Act, 2008, provides powers of central government to constitute special court for trial of scheduled offence. Section 13 of the said Act further provides for jurisdiction of Special Court. Section 13-notwithstanding anything contained in the code, every scheduled offence investigated by the agency shall be tried only by special court with whose local jurisdiction it was committed," the reply reads. It further states that special courts have been constituted for such offenses and that the application of NIA should be rejected.
The Pune court has reserved its order for February 14.
The agency had moved the Pune court for transfer of all the papers, court records and proceedings to the special NIA court in Mumbai after the Union government transferred the case to the central agency.
This move came after the Maha Vikas Aghadi government decided to review the case in which nine Left-leaning activists were arrested for alleged Maoist links and for triggering violence in Bhima Koregaon through inflammatory speeches.
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