Elgaar Parishad case: Shoma Sen files discharge plea in court

Sen said in her discharge application that the “incriminating” evidence claimed to have been seized from her deals with information on social movements, all of which can be found in public domain.

The plea also claimed violations of law in the panchnama conducted at her house. It added that the Elgaar Parishad event held in Pune on January 31, 2017, was organised by various organisations and does not constitute a terrorist act under Unlawful Activities (Prevention) Act.

The National Investigation Agency (NIA) has alleged that the accused in the case are members of banned organisation CPI (Maoist) and the event was organised as a front to further its activities.

Sen’s plea stated that the prosecution has not claimed that she was involved in the preparation of the Elgaar Parishad event, except as an attendant. It added that the evidence claimed to have been seized from co-accused Rona Wilson’s electronic devices cannot be relied on, as it does not have any proof of who its author is, whom it is addressed to and therefore is “hearsay”. Further, the plea claimed that there was fabrication of record, as there is a “blatant contradiction” in the date mentioned in one of the letters.

Meanwhile, the court on Tuesday heard the discharge application of activist Vernon Gonsalves, also arrested in the Elgaar Parishad case.

During the arguments, Gonsalves said that the accused in the case had not received some of the cloned copies presented by the NIA as evidence. To this, the court said, “The prosecutor shall verify about the clone copies those are not served to the accused and if any clone copies remain to be served shall be served to the all accused.”

The co-accused in the case, lawyers Surendra Gadling and Arun Ferreira, informed the court that they had previously too sought cloned copies but have not received all. The court said that the pleas will be heard simultaneously with the discharge pleas.

Moreover, an application was filed on behalf of activist Gautam Navlakha — another accused in the case — seeking permission to speak with his daughter. Navlakha is currently under house arrest as per directions of the Supreme Court. Special Public Prosecutor Prakash Shetty told the court that the NIA does not have any objection once documents verifying the daughter’s identity are submitted.