MUMBAI: Two of the accused in the Bhima Koregaon case moved the Bombay High Court challenging the transfer of the probe from Maharashtra Police to the National Investigating Agency (NIA).
Contending the transfer order to be arbitrary, discriminatory, unjust and in violation of Articles 14, 20, and 21 of the Constitution, the plea filed by Surendra Gadling and Sudhir Dhawale sought quashing of the transfer order.
Several human rights activists, academicians and poets have been charged under various provisions of the Unlawful Activities (Prevention) Act (UAPA) in the case. The probe was handed over to the central agency in January after NCP chief Sharad Pawar announced reinvestigation following change in government.
Challenging the order, the petition stated, “The impugned orders are vitiated dueto malafide and political expediency, as the transfer was undertaken by the central government after much delayand curiously immediately after BJP lost power in Maharashtra.”
It further stated that the case was transferred after the investigation was completed by the state police and a charge sheet filed.
The probe being handed over to the central agency at this stage would necessitate re-investigation, which is impermissible in law, it said. Further, the transfer was initiated without seeking the leave of the court, the petition added.