By PTI
MUMBAI: Activist Anand Teltumbde, an accused within the Elgar Parishad-Maoist hyperlink case, on Thursday moved a discharge software earlier than the particular National Investigation Agency (NIA) court docket right here, stating that the probe company has not produced any materials to point out that he’s a member of CPI (Maoist) or his alleged function within the case.
Teltumbde (70) was arrested in April 2020 for his alleged hyperlinks to the Elgar Parishad case and has been lodged in Taloja jail in Navi Mumbai.
The activist, via his attorneys Sathyanarayanan and Neeraj Yadav, filed a discharge software earlier than particular NIA choose D E Kothalikar.
According to the plea, the NIA has alleged that Teltumbde and 7 others are members of CPI (Maoist) and have been deeply concerned within the furtherance of the banned organisation’s agenda via completely different means.
CPI (Maoists) imagine that the Indian state is being run by a collaboration of imperialist, comprador and bourgeoisie and feudal lords, and the eventual goal is to ascertain Janta Sarkar via revolution submitted by a dedication to protracted arms battle to undermine and seize energy from the state.
Teltumbde, in his software, claimed that the NIA has not produced any materials earlier than the court docket to point out that he’s a member of CPI (Maoist).
Responding to the allegation by the probe company that he together with different activists took half within the programme organised below the banner of Elgar Parishad, Teltumbde claimed that apart from an omnibus assertion, there is no such thing as a materials within the chargesheet to fortify the cost.
The probe company has alleged that the accused is a senior member of CPI (Maoist) and was involved with different arrested accused.
He was the final secretary of the CPDR and a member of the Anuradha Ghandy Memorial committee (AGMC), that are the frontal organisations of CPI (Maoist).
Teltumbe claimed that the prosecution has not introduced on report any materials to point out that the CPDR is a frontal organisation of CPI (Maoist), and the proof collected through the investigation would in truth present that there is no such thing as a hyperlink between the 2 organisations.
The activist additional refuted the NIA’s allegation that his function in reference to the Bhima Koregaon programme was appreciated by CPI (Maoist) and there may be proof of an allocation of Rs 10 lakh to him by the banned organisation for his worldwide marketing campaign and visits for furthering its agenda.
The prosecution, in a listing of paperwork, has rolled out a number of correspondences, allegedly exchanged between varied accused.
However, there may be nothing in them to decipher that Teltumbde’s function in reference to Bhima Koregaon was appreciated, the discharge software said.
Praying for discharge from the case, Teltumbde has stated that the court docket can not “act merely as a post office or a mouthpiece” of the prosecution, however has to contemplate the broad chances of the case, whole impact of the proof and paperwork produced earlier than the court docket, any primary infirmities, and so forth.
At the time of framing of the fees, the probative worth of the fabric on report can’t be gone into, however earlier than framing a cost, the court docket should apply its judicial thoughts to the fabric positioned on report and should be glad that the fee of offence by the accused was attainable, the plea stated.
Besides Teltumbe, different accused Sudhir Dawale and Mahesh Raut additionally sought discharge from the case.
Meanwhile, the NIA on Thursday filed its reply to the discharge software of artist and singer Jyoti Jagtap.
The probe company has claimed that there was sufficient grounds and enough materials proof on report to maintain the cost towards the accused.
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It is submitted that the averments made within the grounds in search of discharge of the applicant aren’t cogent and legitimate grounds as such current software is devoid of benefit and liable to be dismissed, the NIA stated.
The case pertains to alleged inflammatory speeches delivered on the ‘Elgar Parishad’ conclave, held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the subsequent day close to the Koregaon-Bhima struggle memorial situated on the town’s outskirts.
The Pune police had claimed the conclave was backed by Maoists.
The probe within the case, by which greater than a dozen activists and academicians have been named as accused, was later transferred to the National Investigation Agency.
The court docket will hear the matter on May 4.