Koregaon Bhima panel seeks affidavit by officer who probed Elgaar case

Pune City Police has claimed that the conclave was organised according to the strategy of the banned CPI-Maoist. According to police, speeches delivered at the conclave and previous campaigns for the event were among factors that caused the violence in Koregaon Bhima on January 1, 2018.

The two-member inquiry commission, headed by retired Justice J N Patel, is probing the factors that led to the violence.

Inspector General Ravindra Sengaonkar, who was the additional commissioner (south region) of Pune City Police, had filed the affidavit before the commission (on behalf of Pune City Police) in October 2018. With his affidavit, Sengaonkar has attached a report by Pawar on the Elgaar Parishad case probe.

Sengaonkar is currently being cross-examined before the commission by lawyers representing various parties, including accused Harshali Potdar.

A few months ago, a lawyer had filed an application seeking examination of Shivaji Pawar, saying Sengaonkar had no role in the investigation of the Elgaar Parishad case.

Lawyers also filed applications before the commission last month, seeking documents and compilations filed by Pune City Police before the Supreme Court, following a petition filed by historian Romila Thapar and others raising doubts about the probe and arrests made in the Elgaar Parishad case.

The Supreme Court had rejected the petition.

But citing the observations against police from the dissenting opinion by Justice Y Chandrachud in this matter, senior lawyer B A Desai submitted before the commission on Friday that Pawar should be summoned, particularly on the basis of his affidavit filed before the SC.

Special Public Prosecutor Shishir Hiray opposed the plea, saying the National Investigation Agency has taken over the Elgaar Parishad probe.

“…Criminal trial is a distinct matter and is not within the purview of terms and reference made to the commission of inquiry… Moreover, affidavits filed by any of the parties are available with the parties and their advocates as well as in the registry of the SC from where it can be obtained…,” said Hiray.

Desai, however, argued that documents placed before SC were given in a sealed cover and “after the hearing concluded, it was returned to the advocates for the State…”.

The Commission passed an order stating that it was not concerned with the production of documents filed before the Supreme Court by the state of Maharashtra. “… The commission of inquiry has nothing to do with the criminal case filed by NIA before the special court in the matter. Therefore we reject the application to the extent of calling for any record or document. However, we are satisfied that Shivaji Pawar will be an important witness…,” stated the order.

The commission stated that Pawar’s evidence would help it in view of certain terms of references and directed the state to file his affidavit on or before August 15.

Pune City Police had arrested nine activists for alleged links with CPI-Maoist and booked a total of 23 persons in the Elgaar Parishad case. NIA took over the probe in this case in February 2020 and arrested seven more activists.