Elgar case: No declare of Navlakha committing any act of violence in chargesheet, lawyer tells HC

By PTI

MUMBAI: There is not any allegation towards Gautam Navlakha of committing any “act of violence” within the voluminous chargesheet filed within the Elgar Parishad-Maoist hyperlinks case, the activist’s lawyer instructed the Bombay High Court on Monday.

While arguing for the activist’s bail, the lawyer additionally stated that there was no prospect of the trial within the case to begin within the close to future.

A division bench of Justices A S Gadkari and P D Naik is listening to the arguments on the bail plea, and the identical will proceed on Tuesday.

Navlakha was arrested in April 2020 after he surrendered earlier than the National Investigation Agency (NIA), and is presently beneath home arrest pursuant to the Supreme Court’s order.

Appearing for Navlakha, advocate Yug Chaudhary stated there was not a single allegation of the activist committing any act of violence, affiliation of violence, abetment of violence, or being a part of conspiracy to commit violence within the chargesheet filed by the probe company.

Hence, no offence beneath chapter IV (punishment for terrorist actions) of the Unlawful Activities (Prevention) Act (UAPA), is made out, he argued.

“The basic ingredient of chapter IV is commission of a terror act, abetment, association or conspiracy. There is nothing against me (accused),” the lawyer submitted.

“There was no description of terrorist acts in the chargesheet. No seizure of bombs, arms. There has to be something. It cannot be an imagination,” he stated.

Chaudhary, additional, claimed that if in any respect any allegation is made out, it’s for offences carrying 5 to 10 years of imprisonment.

He additionally identified the delay in graduation of trial whereas arguing for Navlakhha’s bail.

The discharge utility was argued months in the past, however the prosecution is but to file its reply.

Numerous discharge functions (of different accused) are pending and prices haven’t been framed but, the lawyer submitted.

Hence, there is no such thing as a prospect of the trial to start quickly.

Even if the trial begins, it can go on for many years, he added.

Chaudhary additional knowledgeable the court docket that until immediately, they have not obtained the clone copies of the paperwork seized from the pc of the accused.

The Elgar case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon-Bhima conflict memorial in Pune district.

The police had additionally claimed that the conclave was backed by Maoists.

Later the probe within the case, the place greater than a dozen activists and academicians have been named as accused, was transferred to the NIA.

While arguing for the activist’s bail, the lawyer additionally stated that there was no prospect of the trial within the case to begin within the close to future.

A division bench of Justices A S Gadkari and P D Naik is listening to the arguments on the bail plea, and the identical will proceed on Tuesday.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );