NIA fighting Naxal plague in the country; plea against transfer of Bhima Koregaon probe from State Police an obstacle: NIA to Bombay High Court

The plea challenging the transfer of probe in the Bhima Koregaon case from Pune Police to the National Investigation Agency (NIA) is an exercise is to impede and cause obstacles in the process of investigation by central agency, the NIA submitted before the Bombay High Court. .In an affidavit filed in response to writ petition by Surendra Gadling and Dhawale, two of the accused in the case, the NIA sought dismissal of the petition stating that submissions made by the petitioners are "reckless" and "misleading". The petitioners had stated in the plea that transfer of the case from State Police to the Central agency would lead to re-investigation of the case which is impermissible in law."There is every possibility that the NIA shall indulge in procuring false, fabricated and manufactured evidence against the petitioner and other accused," the plea had stated. .NIA contended that this submission is reckless and made with the sole purpose of misleading the High Court and thwarting the ongoing investigation being carried out by NIA. "That the petitioner had gone to the extent of scandalising and questioning the credibility of the NIA who are fighting for prevention of unlawful and terrorist activities in the country in which the naxal plague has caused destruction at many levels," the affidavit stated. .NIA further submitted that the investigations are being conducted responsibly and most professionally to unearth the truth which is the purpose of the investigation. There is enough material against the accused persons which was also acknowledged by the Supreme Court, the NIA affidavit stated. .NIA clarified in the affidavit that the action taken against the accused in the Bhima Koregaon case was solely based on incriminatory material evidence showing the involvement of each accused in the case. Any commission of scheduled offences warrants investigation from the NIA, their affidavit stated clarifying that "there is no personal agenda against any accused persons in this case as is being projected by the petitioners". .The affidavit claimed that by trying to alleged malafides against the NIA, the petitioners have raised a direct attack on the criminal justice system. "The petitioners and the other accused persons in this case have Ade it tradition to file writ, PIL, directly or through others, particularly when the investigation is in progress" the affidavit stated pointing out the process was nothing but sheer abuse of due process of law. .In July of 2018, the Maharashtra Police had carried out raids on the residences of various activists, academicians, lawyers, etc in connection with the caste-based violence that took place on January 1 of 2018 in Pune immediately after the 200th commemoration of the battle of Bhima Koregaon. The celebration was called “Elgar Parishad” and this conclave was alleged to have been backed by Maoist outfits..In January this year, the probe in the case was transferred to the Central agency. Various rights activists, academicians, etc have been accused and charged under the provisions of the Unlawful Activities (Prevention) Act (UAPA) in the case..The persons arrested in relation to this case include late Father Stan Swamy, Gautam Navlakha, Anand Teltumbde, Sudha Bhardwaj, Shoma Sen and the accused are alleged to have Maoist links owing to which a case under the UAPA has been filed against them.