Three other defendants, including activist Navlakha, seek release in Elgar case – The New Indian Express


By PTI

MUMBAI: Activists Gautam Navlakha, Sudha Bharadwaj and Hany Babu, a professor at the University of Delhi, all accused in the case of links between Elgar Parishad and the Maoists, filed requests for release on Tuesday at the special court of the National Investigation Agency (NIA).

The trio filed separate claims before Special Judge Rajesh J Katariya through their lawyer Yug Chaudhry.

Chaudhry claimed the case against his clients was “completely bogus, made up of a pile of inadmissible evidence, made up of innuendo, rumor and shadow.” There was no proof worthy of the name, he argued.

It is indeed sad that such prominent figures have to remain in prison for such a long time solely because of the draconian nature of the Unlawful Activities (Prevention) Act (UAPA), the anti-terrorism law under which they were incarcerated. added the lawyer.

READ ALSO | Elgar case: Giving Varavara Rao a nod to Hyderabad will prolong charges, court says

While Navlakha and Babu are currently in jail under judicial custody, Bharadwaj is out on bail.

Meanwhile, the court on Tuesday heard arguments on the discharge plea of ​​another defendant, Sudhir Dhawale. Discussions will continue on Wednesday.

ALSO READ: Arrested Activists Routinely Denied Medical Treatment, Family Members Say

The judge said that, in accordance with an order issued by the Supreme Court, the special court is required to formulate charges against the accused and decide on pending applications for release within three months of the order dated of August 18.

The defense pleas of certain other defendants – Jyoti Jagtap, Anand Teltumbde and Mahesh Raut – were also pending in court.

More than a dozen activists and academics have been named as defendants in the case.

The case concerns alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which police say sparked violence the following day near the Koregaon-Bhima war memorial on the outskirts of the western city of Maharashtra.

Pune police had also claimed that the conclave was organized by people with suspected links to the Maoists.

An FIR was filed by Pune Police on 8th January 2018 under various sections of Indian Penal Code and Unlawful Activities (Prevention) Act.

The NIA then took over the investigation of the matter. A discharge is a legal remedy available to an accused who believes that false allegations have been made against him.

If the evidence presented before the court concerned is not sufficient to prove the offense and in the absence of any prima facie evidence against him, he is entitled to be acquitted.

MUMBAI: Activists Gautam Navlakha, Sudha Bharadwaj and Hany Babu, a professor at the University of Delhi, all accused in the case of links between Elgar Parishad and the Maoists, filed requests for release on Tuesday at the special court of the National Investigation Agency (NIA). The trio filed separate claims before Special Judge Rajesh J Katariya through their lawyer Yug Chaudhry. Chaudhry claimed the case against his clients was “completely bogus, made up of a pile of inadmissible evidence, made up of innuendo, rumor and shadow.” There was no proof worthy of the name, he argued. It is indeed sad that such prominent figures have to remain in prison for such a long time solely because of the draconian nature of the Unlawful Activities (Prevention) Act (UAPA), the anti-terrorism law under which they were incarcerated. added the lawyer. READ ALSO | Elgar case: Giving Varavara Rao nod to Hyderabad will prolong charges, court says While Navlakha and Babu are currently in jail under judicial custody, Bharadwaj is out on bail. Meanwhile, the court on Tuesday heard arguments on the discharge plea of ​​another defendant, Sudhir Dhawale. Discussions will continue on Wednesday. READ ALSO: Arrested activists routinely denied medical treatment, family members claim August 18 order. Clearance requests from some other defendants – Jyoti Jagtap, Anand Teltumbde and Mahesh Raut – were also pending in court. More than a dozen activists and academics have been named as defendants in the case. The case concerns alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which police say sparked violence the following day near the Koregaon-Bhima war memorial on the outskirts of the western city of Maharashtra. Pune police had also claimed that the conclave was organized by people with suspected links to the Maoists. An FIR was filed by Pune Police on 8th January 2018 under various sections of Indian Penal Code and Unlawful Activities (Prevention) Act. The NIA then took over the investigation of the matter. A discharge is a legal remedy available to an accused who believes that false allegations have been made against him. If the evidence presented before the court concerned is not sufficient to prove the offense and in the absence of any prima facie evidence against him, he is entitled to be acquitted.

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