Elgaar Parishad case: HC directs state to reply to Rona Wilson, Shoma Sen’s pleas alleging ‘planted’ proof

The Bombay Excessive Court docket on Tuesday directed the Maharashtra authorities to reply, via the Pune Police, to a writ petition by Elgaar Parishad accused Rona Wilson, searching for quashing of the FIR and chargesheet towards him.
The Elgaar Parishad case was being investigated by the Pune Police earlier than it was transferred to the Nationwide Investigation Company (NIA).

Wilson, in assist of his petition, had cited the report of a US-based digital marketing consultant that claims the “incriminating proof” discovered by investigators in his laptop computer had been ‘planted.’

The state authorities was additionally requested to reply to the plea by co-accused Shoma Sen, difficult her prosecution beneath the UAPA filed on related grounds.

Final week, the NIA opposed the plea filed by Wilson and stated that the allegations towards the central probe company, of “planting paperwork in his laptop computer”, had been “uncalled for”.

The central company additionally stated the report of the US-based consultancy was not a part of the chargesheet filed towards Wilson, and subsequently, it could solely be raised throughout trial and can’t be relied upon by the petitioner whereas submitting a petition earlier than the Excessive Court docket. A division bench of Justice S S Shinde and Justice Manish Pitale was listening to Wilson and Sen’s pleas on Tuesday.

Senior Counsel Indira Jaising, representing Wilson, submitted that her consumer had challenged the sanction granted beneath the Illegal Actions (Prevention) Act (UAPA) towards him by the state authorities in 2018, and that the case was transferred to NIA solely in January 2020.

She stated that the state authorities, via the then investigating officer, was required to reply to allegations of tampering with the petitioner’s laptop.

“The state authorities has to talk for itself until NIA says it should defend the state. There are severe allegations of tampering. The then investigating officer must also file an affidavit. He has suppressed info from the sanctioning authority,” Jaising argued. “That is the primary time the court docket can be coping with the idea of ‘secured proof.’ We might have the help of technical specialists,” she added.

Senior Counsel Anand Grover, representing co-accused Sen, adopted Jaising’s arguments and in addition made the same request, searching for the state’s response.

Public Prosecutor Deepak Thakare sought 4 weeks to reply to the plea, which the court docket accepted and posted the matter subsequent for June 16.

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