Maha asks SC for more time to submit charges

NEWDELHI: The Maharashtra government on Thursday moved the Supreme Court, challenging the Bombay high court order setting aside the extension of time granted to state police to conclude the probe in the Bhima-Koregaon violence case.

On Monday, the high court had quashed a lower court’s decision, granting Maharashtra police more time to conclude the investigation and file charges against lawyer Surendra Gadling, among others accused in the case.

The Pune police had arrested Gadling, Nagpur University professor Shoma Sen, Dalit activist Sudhir Dhawale, activist Mahesh Raut and Kerala native Rona Wilson on June 6 for their alleged links with Maoists under the Unlawful Activities (Prevention) Act (UAPA).

The arrests had followed raids at their residences and offices in connection with the Elgar Parishad conclave held in Pune on December 31 last year which, police said, had led to violence at Bhima-Koregaon the next day.

A bench headed by Chief Justice Ranjan Gogoi Thursday considered the submissions of state’s lawyer Nishant Katneshwar that the appeal needed to be heard on an urgent basis.

The lawyer said if the high court order was not stayed, the accused would become entitled to grant of statutory bail for non-filing of the charge sheet within the stipulated period. The bench said the appeal of the state would be heard on October 26.

Under the UAPA, a charge sheet must be filed within 90 days of arrest. However, the prosecutor can approach the trial court, explaining the reasons for delay, and seek extension. If satisfied, the court can extend it by 90 days.

For the June arrests, the time period ended on October 3. But the Pune police had moved court seeking extension, which the high court denied on Monday. Assailing the order, the state said: “The HC has resorted to a pedantic view rather than resorting to a pragmatic view…”