A special court on Tuesday lambasted the National Investigation Agency (NIA) for not providing cloned copies of all electronic evidence it relies on in the Bhima Koregaon-Elgar Parishad Maoist links case to journalist and human rights activist Gautam Navlakha, as reported by the Leaflet.
The special NIA court was hearing Navlakha’s application seeking cloned copies of evidence on an electronic device seized by the investigating authorities. The activist had sought to peruse the evidence as it was crucial for his defence preparation.
The accused was not granted access to the compact disks of evidence furnished by the NIA despite several applications, his advocate said.
The present case against Navlakha is based entirely on alleged incriminatory letters purportedly seized from various devices.
Special judge Rajesh Kataria expressed his disappointment towards the special public prosecutor (appearing for the NIA) and the investigating officer for not providing the cloned copies to Navlakha.
He also noted the issue of non-compliance with Section 207 of the CrPC has been pending for the past four years, despite several orders on the same being passed. The particular section mandates the magistrate to furnish to the accused, free of cost, copies of statements made to the police and of others to be relied upon by the prosecution.
On Tuesday, the NIA in its reply to Navlakha’s application stated that one cloned copy received from the Forensic Science Laboratory (FSL) was given to the court and another copy, unsealed, was with the prosecution, Leaflet reported.
Advocate Shifa Khan, appearing for Navlakha, was reported to have said that the NIA had previously filed an affidavit claiming that it had provided evidence copies to all the accused persons in the Bhima Koregaon case.
The next date of hearing in the matter is January 25 when the central agency is expected to seek permission to send the sealed evidence material to FSL in order to prepare copies for Navlakha.
Navlakha has been in custody since April 14, 2020. Initially lodged in prison, he was later shifted to his house and placed under house arrest in November 2022 after the Supreme Court granted his plea, citing his advanced age. He is currently under house arrest in Navi Mumbai, in the Thane district.
The Bhima Koregaon-Elgar Parishad Maoist links case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which police claim triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the city.
