Pune court adjourns till tomorrow hearing on transferring of Bhima Koregaon case to NIA

A Pune court on Thursday adjourned till tomorrow arguments in the case pertaining to the transfer of Bhima Koregaon case to the National Investigation Agency (NIA).

Additional sessions judge SR Navandar adjourned the hearing after the prosecution sought more time for argument.

Special public prosecutor Namdev Taralgatti, appearing for the NIA, said that the charge-sheet in the matter is to be filed in special NIA court after the investigation is handed over to agency adding that there are specific provisions that the state shall not proceed with the investigation.

The NIA submitted that re-registration of FIR is an administrative process for the agency and sought handing over of the documents in the case.

Advocate Siddharth Patil, representing an accused in the matter, asked why the NIA was seeking the case to be transferred to Mumbai.

"Nowhere it is mentioned in their application. Just because the offence is registered in Mumbai they are asking for a transfer. As per sec 407 if they want transfer they have to approach the high court. This court cannot transfer the case when it is an inter-district transfer," Patil told the court.

The NIA had earlier filed a petition in the Pune sessions court on January 29 seeking transfer of the case to the agency's court in Mumbai.

The lawyer of another accused in the matter argued that unless state government hands over the papers in the matter to NIA, it can't be said that case is taken over by the agency.

The agency also seeks handover of the documents and evidence by the state police after it was asked by the Union Home Ministry to investigate the case.

It is important to note that charges of sedition (Section 124) are not included in the FIR filed by the NIA in connection with the Bhima-Koregaon violence case. While NIA has named 11 accused, the number of those against whom cases were registered by the Pune police is 23.

The NIA also did not include Section 121 (Waging or attempting to wage war against the Government of India) in its FIR, which was invoked by the Pune Police later on in the case.

On January 1, 2018, violence had erupted during the 200th-anniversary celebrations of the Bhima-Koregaon battle. One person had lost his life while several others were injured in the incident.