MUMBAI: Opposing the default bail plea by 2018 Elgar Parishad case accused Sudha Bharadwaj, the National Investigation Agency (NIA) on Monday supported the contention of the state government that the special NIA Act comes into play only when the agency takes over probe.
Additional solicitor general Anil Singh for the NIA said the agency took over probe into the Pune case from the ATS in January 2020, and hence the order of the Pune sessions court in granting extension of custody for filing of chargesheet was “valid”. This is also because the case is at a “pre trial” stage, and under the provisions of the Act, a special trial court would be exclusively required during trial. “Till the matter is transferred to the special court, the sessions court retains jurisdiction conferred in the Act on the special court,” was his submission.
Bharadwaj had petitioned the HC to seek for default bail on the ground that the judge was not designated a special judge under the NIA as was necessary since the special anti-terror law was invoked against her and other co-accused, at the relevant time. Her counsel Yug Chaudhry
will continue with his rebuttal on Wednesday.
