The case, probed by Pune City Police for over a year, was transferred to NIA last month.
As Maharashtra government is yet to respond to an application by the National Investigation Agency (NIA) seeking transfer of court documents and material in the Elgar Parishad case, the prosecution on Monday asked a special court in Pune to give it more time for filing its say on the application. The case, probed by Pune City Police for over a year, was transferred to NIA last month.
The Pune City Police has so far booked 23 persons in connection with the case for alleged links with the banned CPI-Maoist. But the FIR of NIA names only 11 of the 23 accused and does not include charges of sedition and waging war against the government.
District government Pleader Ujjwala Pawar told special judge S R Navandar Monday that Pune City Police have communicated with the DGP’s office regarding the transfer of documents.
Pawar sought a week’s time and told the court that the say can’t be filed without instructions from the investigating agency. But Special Judge S R Navandar said the court can’t wait long and scheduled the next hearing for February 6.
On January 29, SP of NIA-Mumbai, Vikram Khalate, moved an application, requesting for orders to send “all court records, seized articles from this court” to the NIA special court in Mumbai.
The NIA FIR charges the accused under IPC sections 153A (promoting enmity between groups), 505-1b (intent to cause alarm to public), 117 (commission of offence by more than 10 persons), 34 (common Intention) of IPC and sections 13, 16, 18 (B), 20 and 39 of Unlawful Activities (Prevention) Act (UAPA). It does not include some sections invoked by Pune City Police in the draft charges filed in December against the chargesheeted accused, such as section 121 (waging war against government of India), 121A (conspiracy to commit offence under 121), 124A (sedition) of IPC and the UAPA sections 17, 18B, 38, 40.
The FIR is considered a primary document probe and more sections can be added later, said sources.