Maharashtra has sought legal opinion from Advocate General Ashutosh Kumbhakoni over the sudden takeover of the Elgaar Parishad case by the NIA.
Sources said the NIA letter demanding handing over of the cases “as early as possible” was sent, as per protocol, by the Director General of Police Subodh Kumar Jaiswal to Chief Minister Uddhav Thackeray on Tuesday.
Confirming this, Additional Chief Secretary (Home) Sanjay Kumar told The Hindu, “We have received a proposal from the DGP. Chief Minister has directed us to seek a legal view.”
The DGP’s proposal has requested a time frame within which the cases can be handed over under the NIA Act. Sources said the NIA letter dated January 25, seeking take over of Pune Police’s investigations into the Elgaar Parishad cases, is based on an internal report submitted on January 24 recommending this on “certain grounds”. However, the “grounds” are not disclosed, they said.
The State is also looking into the basis of the January 24 report. “We have received the NIA letter today and also a proposal from the DGP in this regard. We are mulling over the future course of action after legal opinion is sought,” said Home Minister Anil Deshmukh.
If challenged in court, Maharashtra could become only the second State to take the NIA order to court. The Chhattisgarh government had challenged the constitutionality of the NIA Act, after the agency took over some cases from it related to naxal violence.
