NIA supports state's stand in opposing Elgar Parishad accused plea for default bail

MUMBAI: The National Investigation Agency (NIA) on Monday supported the contention of the state government that the special NIA act comes into play only when the agency takes over investigation while opposing a plea for default bail filed by 2018 Elgar Parishad case accused Sudha Bharadwaj.
Additional solicitor general Anil Singh for NIA said the agency took over the probe into the Pune case from the ATS in January 2020 and hence the order of the Pune Sessions court in granting an extension of custody for filing of chargesheet was “valid” also because it is at a “pre-trial’’ stage and the under the provisions of the Act, a special trial court would be exclusively required during trial.
“Till the matter is transferred to the special court, the Sessions court retains jurisdiction conferred in the Act on the special court,’’ was his submission.
Bharadwaj an activist and lawyer, accused of alleged Maoist links in the 2018 Elgar Parishad case, had petitioned the HC to seek default bail on the ground that the Judge was not designated a special Judge under the NIA as was necessary since the special anti-terror law was invoked against her and other co-accused, at the relevant time.
Her counsel Yug Chaudhry had submitted that in cases of scheduled offences such as those under the UAPA, a sessions judge has no power to take cognizance, only a ‘special’ court would have jurisdiction and it has to be set up by state or Centre.
The NIA also said right to default bail accrues on the lapse of 90 days and remains valid till filing of chargesheet, citing various Supreme Court rulings and Singh said, in this case, she had filed for default bail before 90 days and after the chargesheet was filed and all three pleas were rejected but none are challenged.
On the filing of the chargesheet, before the time granted by the court lapsed, the right to default bail stands extinguished, he argued. Besides, said Singh, taking cognizance of chargesheet has nothing to do with grant or rejection of a default bail.
Chaudhry began his rebuttal to the NIA submissions and will continue on Wednesday.