NIA drops sedition charges against activists in its Elgar Parishad FIR

A PUNE POLICE OFFICER SAID THERE IS ALWAYS SCOPE FOR THE AGENCY TO ADD FRESH SECTIONS TO AN FIR

PUNE: The FIR filed by the National Investigation Agency (NIA) on January 24 in the 2018 Bhima Koregaon violence case does not include the Indian Penal Code (IPC) sections pertaining to sedition and waging a war against the state. HT has accessed a copy of the FIR.

The FIR names 11 people, including activists like Gautam Navlakha and Anand Teltumbde. The Pune police in its previous FIR named 23 accused and invoked the two IPC sections in their charge sheet. Nine accused, all activists, are currently held in Yerawada Central.

The NIA took over the probe into the case last month. On January 1, 2018, an unidentified group of men attacked the annual gathering at Bhima Koregaon. They torched vehicles, ransacked shops and sparked violence that killed one and injured nearly 40.

Police have said that provocative speeches at Elgar Parishad conclave in Pune on December 31, 2017, led to the violence. They have accused the Maoists of being behind the conclave. Several Left-leaning activists were arrested for alleged links to Maoists. The Pune police’s original FIR did not have these sections, but investigators in November 2019 added IPC sections 121 (waging war against the state) and 124 (a) (sedition) and 121(a) (conspiracy) against the accused.

In its fresh FIR on January 24, the NIA invoked IPC sections 153A (promoting disharmony), 505(1)(b) (causing fear) 117 (abetting commission of offence by the public or by more than ten persons), and 34 (acts done by several persons with common intention). An NIA spokesperson did not respond to phone calls and texts.

A Pune police officer involved in the probe said there is always scope for the agency to add fresh sections to an FIR. “The NIA has not officially received any details about the case from the Maharashtra government or Pune police. The agency must have filed the FIR based on information in the public domain and it can be amended in future.”

Siddharth Patil, who is representing some of the activists, said, “The state police have not handed over the probe to NIA as yet. This could be the possible reason for the NIA not having invoked remaining sections in its FIR.”