3 min readMumbaiApr 20, 2022 08:04 AM IST
First published on: Apr 20, 2022 at 02:48 AM IST
THE SPECIAL court hearing the Elgaar Parishad case on Tuesday directed both the accused and the National Investigation Agency (NIA) to take steps to proceed with the case and asked all accused to remain present for the hearing next week, on April 27, for framing of charges.
Special Judge Dinesh E Kothalikar told the lawyers of the accused and the special public prosecutor for the NIA that if both sides cooperate, the trial can proceed by framing charges in the next hearing.
Nine accused were arrested by the Pune police in 2018 and seven others by the NIA in 2020 in the case. The trial in the case is yet to commence.
The accused had submitted to the special court that they had sought cloned copies of the electronic devices seized during the probe by the Pune police and the NIA. It was submitted that since it forms part of key evidence, the accused require the copies before the trial starts to prepare their defence.
Last week, four copies were supplied to as many accused. On Tuesday, another five were also made available by the NIA. The Special Judge directed that the lawyers in the case, some of whom represent more than one accused, collect the available copies, so that the case can proceed.
“Considering the fact that only five clone copies are available and it would take further time for getting the remaining clone copies, in my view if the advocates representing aforesaid accused persons are directed to collect one copy each for proceeding with the trial, that would save time of the court…and trial can be proceeded with expeditiously,” the court said.
It also directed the NIA to supply the remaining copies to the other accused by the next date.
“I am asking this to both parties. Are you interested to go on with the matter? Charges can be framed then. I need cooperation from both sides,” the court asked the lawyer of the accused persons and the prosecution.
Last week, an accused, lawyer Surendra Gadling, who represents himself in person, had also submitted that other applications are pending for compliance before the court can frame charges in the matter. The special judge, who has been hearing the matter since 2020, will be transferred as per the list of the annual general transfers of judges. He said that he will not be presiding over the case from June and will proceed with framing of charges if both sides make it possible. Last week, he had sought to know the pleas pending for compliance.
The NIA had submitted draft charges in August last year based on which the court will decide on the charges to be framed against the accused.
Framing of charges leads to the commencement of the trial after the accused are explained the offences they are facing.
Elgaar Parishad case accused Varavara Rao (File) 
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