MUMBAI: A special National Investigation Agency (NIA) court on Friday rejected a plea made by Elgar Parishad accused Sudha Bharadwaj (58), seeking expunging and withdrawal of certain “scurrilous” statements made by the NIA in its response to her plea seeking unredacted statements of a few witnesses.
Bharadwaj’s plea said that NIA in its reply on December 21 alleged that thorough the application, she was digging into the identities of the witnesses to cause them harm.
The NIA, however, said that it was well within the provisions of law to express apprehension that there may be a threat to witnesses.
Bharadwaj had moved the plea in December.
“The applicant is an undertrial prisoner with the presumption of innocence in her favour and there is absolutely no proof that she would cause harm to witnesses. On the contrary, she has spent over 20 years in service of the people,” Bharadwaj’s plea said.
It added that the prosecution cannot be allowed to level defamatory and scurrilous allegations against her merely as she is accused of a crime. “As officers of the court, the prosecution has a responsibility to act with fairness and cannot run roughshod over a vulnerable and incarcerated person by indulging in scandalous mudslinging,” the plea added.
The plea urged the court to reprimand NIA and prosecution for “irresponsible conduct”. The court has directed the prosecution and investigating officer to respond.
Bharadwaj in her plea seeking the statements had said her defence was being obstructed as they did not make sense in the absence of the truncated portion.