Elgaar Parishad case: Bombay HC tells special NIA court to expedite trial, complete framing of charges within 9 months
The court’s directive came while granting bail to Elgaar Parishad accused activists Rona Wilson and Sudhir Dhavale, citing prolonged incarceration of over six and half years.
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The central agency had initiated a probe against Jain based on the complaint which was being investigated by Vile Parle Police station by a property purchaser alleging cheating and breach of agreement between the parties (Express)The Bombay High Court has asked the special court designated under National Investigation Agency (NIA) Act to expedite the trial in Elgaar Parishad case and said that framing of charges be completed within nine months.
The court’s directive came while granting bail to Elgaar Parishad accused activists Rona Wilson and Sudhir Dhavale, citing prolonged incarceration of over six and half years without trial since they were arrested in June, 2018.
While a bench of Justices Ajey S Gadkari and Kamal R Khata granted bail on January 8, a detailed order was made available on Tuesday night.
The court passed orders in appeals by Wilson and Dhavale against the rejection of their bail pleas by special court.
They had claimed that charges levelled were based on material that was allegedly planted on electronic devices of the accused. The bench refused to go into merits of the case and granted them bail citing long incarceration since 2018.
The court, in its orders, noted that the prosecution has cited nearly 363 witnesses to be examined in the case and till date charges have not been framed against the accused and “the chances of completing the trial in near future are bleak.”
The bench noted that “it is a settled and recognised principle of law that the prolonged incarceration without trial amounts to infringement or violation of Article 21 of the Constitution of India of an accused.”
“The long period of incarceration and unlikelihood of the trial being completed in the near future necessitates consequential release of the undertrial on bail,” it added.
It further stated, “In view of the ground raised by the Appellant that, the trial is not concluded expeditiously, we request the learned Special Judge, (NIA Act), Mumbai, seized of Special Case No.414 of 2020 to expedite the stage of framing of charge and as far as possible the trial itself. The stage of framing of charge will be completed within a period of 9 months from today (January 8).”
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