The National Investigation Agency (NIA) on Tuesday, 13 July, opposed Elgar parishad accused Surendra Gadling and Sudhir Dhawale's plea against the transfer of the case's investigation from the Pune Police to the NIA, saying that it is combating the “Naxal plague" which has "caused destruction at many levels," The Indian Express reported.
This response came in an affidavit on the plea of Gadling and Dhawale, who were arrested in 2018. Appearing for the accused, counsel Satish B Talekar apprised the bench of Justices SS Shinde and NJ Jamadar on Tuesday that the affidavit was filed two months ago.
As per Talekar, the Centre and Maharashtra government have not yet filed their responses, The Indian Express reported.
Filed by NIA Mumbai branch SP Vikram Khalate, the affidavit stated that the investigation is in regard to scheduled offences, and hence can be taken over by central agencies at any time.
Owing to the gravity of offence and its “inter-state link” having an impact on “national security”, the Centre suo motu had directed the the central agency to take up the probe into the case, The Indian Express reported.
The matter is likely to be taken up by the Bombay High Court on 19 July.
What the Accused Said
However, Gadling and Dhawale contended that there was no "compelling reason" for the case to be transferred after two years of the registration of the FIR.
As per them, the transfer was “due to malafide and political expediency.”
The counsel also added that no provision empowered the Union government to transfer the probe after its completion, when the trial was set to begin.
In 2018, Gadling and Dhawale were alleged to be a part of banned Naxalite groups, which had first organised the Elgar Parishad in Pune on 31 December 2017.
The police had claimed that a "criminal conspiracy" had led to violence the next day.
(With inputs from The Indian Express)
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