The National Investigation Agency (NIA) on Tuesday told the Bombay High Court that, “considering the gravity of the offence and its inter-State link and implications on national security, the Central government had suo motu directed the NIA to take up the investigation” in the Bhima-Koregaon case.
The reply was filed by the agency before a Division Bench of justices S.S. Shinde and N.J. Jamadar in a petition filed by an accused in the case, advocate Surendra Gadling arrested on June 6, 2018, and currently lodged at Taloja Central Jail.
Mr. Gadling through advocate T.T. Talekar had challenged the transfer of investigation to the NIA in January 2020 after the chargesheet was filed in the case in 2018. The petition states, “the transfer is contrary to the scheme of NIA as there is no provision empowering the Central government to transfer the investigation after completion of investigation particularly when there were no compelling circumstances necessitating such transfer. The transfer is impermissible under law.”
Vikram Khalate, Superintendent of Police, NIA, filed an affidavit saying, “During the investigation, it was revealed that senior leaders of the Communist Party of India (Maoist), a banned organisation under the Unlawful Activities Prevention Act, were in contact with organisers of the Elgar Parishad as well as arrested accused persons of the case to spread the ideology of Maoism/Naxalism and encourage unlawful activities.”
