The Union government on Tuesday sought time to file its reply before the Bombay High Court in response to a plea filed by two accused in the Bhima-Koregaon violence case, challenging the transfer of investigation to the National Investigation Agency (NIA).
A Division Bench of Justices S.S. Shinde and Abhay Ahuja was hearing the petition filed by advocate Surendra Gadling and journalist Sudhir Dhawale on June 19. They were arrested on June 6, 2018, for their alleged links with the Communist Party of India (Maoist), and are currently lodged at Taloja jail.
They moved the HC through advocate Madhavi Ayyappan, challenging the Centre’s decision to transfer the investigation into the case from the Pune Police to the NIA, on the grounds that the transfer is contrary to provisions of the NIA Act.
Their petition said, “There is no provision that empowers the Central government to transfer the investigation after completion of the probe and filing of the charge sheet, particularly when there were no compelling circumstances necessitating the transfer. The transfer of investigation to the NIA amounts to re-investigation.” The 190-page petition further said in order to keep the false implications and wrongful incarcerations of innocent people unconnected with the Bhima-Koregaon case, the investigation was transferred by the Central government to the NIA, immediately after the Bharatiya Janata Party lost power in Maharashtra.
“The allegations that Mr. Dhawale of Kabir Kala Manch was making provocative statements and inflammatory speeches, performing inflammatory street plays and songs, and distorting the history as per the agenda of the CPI (Maoist), were vague and cryptic, and it is not possible to infer from such allegations that the petitioners are organisers of Elghar Parishad,” the plea said.
They petitioners urged the HC to quash the order directing the NIA to take over the investigation, and the FIR against the petitioners and eight others lodged in jail. The petition also sought that the order dated February 12, 2020, granting the sanction to transfer the FIR from the Pune Police to the NIA, be quashed as well.
Additional Solicitor General Anil Singh sought time to file an affidavit.
The matter will be heard on July 14.