Koregaon Bhima case: Maharashtra govt moves SC challenging Bombay HC order
New Delhi, Oct 25 : The Maharashtra government Thursday moved the Supreme Court challenging the Bombay High Court order by which the extension of time granted to state police to conclude probe in the Koregaon Bhima violence case was set aside.
The High Court Wednesday had quashed the lower court's decision by which the Maharashtra Police was granted more time to conclude the investigation and file the chargesheet against lawyer Surendra Gadling and others in the violence case in which several rights activist had been made accused.
The Pune Police arrested Gadling, Nagpur University professor Shoma Sen, Dalit activist Sudhir Dhawale, activist Mahesh Raut and Kerala native Rona Wilson in June for their alleged links with Maoists under the Unlawful Activities (Prevention) Act (UAPA).
A bench headed by Chief Justice Ranjan Gogoi considered the submissions of lawyer Nishant Katneshwar, appearing for the Maharashtra government, that the appeal needed to be heard on an urgent basis.
The lawyer said if the high court order is not stayed then accused in the violence case would become entitled for grant of statutory bail for want of non-filing of chargesheet within the stipulated period.
The bench, which also comprises Justices S K Kaul and K M Joseph, said the appeal of the Maharashtra government would be heard on October 26.
Under the UAPA, a charge sheet must be filed within 90 days of arrest. However, the prosecutor can file a report before the trial court, explaining the reasons for a delay, and seek more time. If satisfied, the court can extend the time by 90 days.
In the present case, the Pune sessions court had granted the police the additional 90 days, following an application from the investigating officer (IO) and written submissions by an assistant commissioner of police (ACP).
Gadling challenged this, saying the report and the submissions came from the police, not the prosecutor. Under the Act, the report should be filed by the prosecutor, he said.
The petition filed in the top court by the state government said the investigating officer had filed an application in the trial court under his signature giving reasons for extension of time on August 30, 2018.
"On the very same day, the public prosecutor submitted her report/application carving out the grounds for extension of time.The public prosecutor, by way of abundant precaution, took signature of the investigating officer. But the High Court was carried away by the fact of signature of the investigating officer and arrived at a conclusion that the report/application was not by the public prosecutor," the plea said.
It said the high court should not have been carried away by the fact of mentioning of names of the parties in detail.
The Pune Police arrested Gadling, Nagpur University professor Shoma Sen, Dalit activist Sudhir Dhawale, activist Mahesh Raut and Kerala native Rona Wilson in June for their alleged links with Maoists under the Unlawful Activities (Prevention) Act (UAPA).
The arrests had followed raids at their residences and offices in connection with the Elgar Parishad conclave held in Pune on December 31 last year, which, the police had claimed, had led to violence at Bhima Koregaon the next day.
The police had also alleged that the conclave had the support of Maoists.
Under the UAPA, a charge sheet must be filed within 90 days of arrest. However, the prosecutor can file a report before the trial court, explaining the reasons for a delay, and seek more time. If satisfied, the court can extend the time by 90 days.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Two arrested for fabricating 'love jihad' case to extort money in UP's Muzaffarnagar
Muzaffarnagar (UP) (PTI): Police have arrested two individuals here for allegedly falsely implicating a man in a 'love jihad' case and extorting over Rs 1 lakh from him, officials said.
The incident occurred in the Ladhowala locality under Kotwali police station, where a woman alleged that she was raped and forcibly converted to another religion by a man posing as Hindu, who also made a video on the pretense of marriage.
Circle Officer Raju Kumar told reporters that the investigation revealed that the 'love jihad' case was fabricated.
"Accused Shahnawaz, Sadakat, and the woman were found to be involved in a conspiracy to extort money, totaling over Rs 1 lakh, from accused Babar alias Sonu," said the CO.
Police are currently searching for the woman who filed the false FIR. A case was registered against Babar alias Sonu on April 21, based on the woman's complaint, alleging rape, religious conversion, and the making of a video under pretense of marriage.
"The investigation uncovered that the false case was lodged in collusion with Shahnawaz and Sadakat, resulting in the extraction of Rs 1,25,000 from Babar alias Sonu. Shahnawaz and Sadakat were arrested on Saturday, and Rs 25,000 has been recovered from them. The woman remains at large," said the CO.
_vb_72.jpeg)