Trial court erred in granting extra time to cops for filing chargesheet, opines HC

In what can spell troubles for the Maharashtra government, the Bombay High Court on Wednesday prima facie opined that the trial court has erred in granting extension to the Pune police for filing its chargesheet against the human rights activists. The activists have been arrested for their alleged links with the naxals.

A single-judge bench of Justice Mridula Bhatkar was hearing a plea filed by advocate Surendra Gadling challenging the orders of a trial court which granted extra 90 days to the police for filing its chargesheet.

Gadling along with others is in custody since June this year. These activists were arrested under the charge of conspiring to kill Prime Minister Narendra Modi.

If Justice Bhatkar sets aside the trial court's orders, then there are chances that Gadling can be released. In his plea, through advocate Narayan Iyer, Gadling claimed the orders were illegal as the provisions of the UAPA act were not followed by the trial judge while granting extension of time.

“The law mandates a report from the prosecutor to the court seeking extension of time to file charge sheet. Further, the prosecutor has to spell out the detailed and specific grounds to seek such an extension and also the progress of the probe,” Iyer argued.

Iyer also submitted the application, based on which, the trial court granted extra time to the police.

"Prima facie, it appears the prosecutor has not submitted any report as required by the law. Instead, the investigating officer has filed this application and the trial court has granted extension upon such a plea," Justice Bhatkar said, after considering the submissions.

“The law is very much clear. The investigating officer should not have had made such an application. Why did the prosecutor not submit his report?" Justice Bhatkar said.

The court further referred to the provisions of the UAPA and noted the prosecution has failed to even put out specific grounds for the extension of time.

“I agree with Gadling's advocate, the prosecution has made vague allegations and omnibus statements. I am of the view that the plea must be allowed,” Justice Bhatkar opined. The court, however, granted time to the prosecution to put forth its stand. The matter was kept for further hearing on the afternoon session. When the hearing resumed, the additional public prosecutor sought an adjournment on the ground that Advocate General Ashutosh Kumbhkoni would address the court on this case.