The special NIA court has been asked by the Supreme Court on Thursday to decide on framing charges against the Bhima Koregaon accused Vernon Gonsalves.
A Bench of Justices Uday Umesh Lalit and Justice S Ravindra Bhat refused to grant interim relief for the time being but have kept the bail Plea by Gonsalves pending before the Apex court.
The special NIA Court has been directed to segregate Gonsalves’ trial from that of other accused who are absconding.
The Court ordered the following:
“We direct that:
a) The respondent shall take appropriate steps to segregate trial (from absconding accused) and/or issue ‘proclaimed offender’ for other accused;
b) The concerned trial court to take up the case for framing up charges while taking up other applications simultaneously.
c) Such cases have to be decided in 3 months, after which the present SLP will be listed Before this court.”
The court has ordered that the shall beconsidered after 3 months by Apex court.
The Supreme Court was hearing an appeal by Gonsalves against a Bombay High Court decision to deny default bail to him.
In May, the Bombay High Court, had rejected the plea filed by Varavara Rao,Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case seeking and refused to grant them default bail.
Gonsalves is in the jail of Pune since August 28, 2018 under the Unlawful Activities Prevention Act (UAPA).
Senior Advocate Rebecca John,who appeared for Gonsalves, submitted that three statements allegedly incriminating him were recovered from the laptops of other accused and were not related to him.
In his defence Vernon Gonsalves said
“An elementary question is how are any of these documents related to me? Without any connection or independent witness it cannot be used against me. Statements don’t frame me at all. Only witness who said I was involved is protected. My respectful submission is, if UAPA had not been evoked I would have been granted bail even if the evidence was placed at a high pedestal.”
Additional Solicitor General (ASG) SV Raju, who appeared for the NIA, said that Gonsalves continued his illegal activities even after acquittal.He added
“There’s a charge of 120B, all this is evidence under Section 10 of the Evidence Act. Admissibility of evidence cannot be raised at the stage of bail. Look at the arms found. Judgments of acquittals not produced, maybe they were passed because no one came to depose … Witnesses must have turned hostile”
The ASG said that there are many discharge applications filed by different accused and thus the result is delay in trial
The special NIA court has been asked by the Supreme Court on Thursday to decide on framing charges against the Bhima Koregaon accused Vernon Gonsalves.
A Bench of Justices Uday Umesh Lalit and Justice S Ravindra Bhat refused to grant interim relief for the time being but have kept the bail Plea by Gonsalves pending before the Apex court.
The special NIA Court has been directed to segregate Gonsalves’ trial from that of other accused who are absconding.
The Court ordered the following:
“We direct that:
a) The respondent shall take appropriate steps to segregate trial (from absconding accused) and/or issue ‘proclaimed offender’ for other accused;
b) The concerned trial court to take up the case for framing up charges while taking up other applications simultaneously.
c) Such cases have to be decided in 3 months, after which the present SLP will be listed Before this court.”
The court has ordered that the shall beconsidered after 3 months by Apex court.
The Supreme Court was hearing an appeal by Gonsalves against a Bombay High Court decision to deny default bail to him.
In May, the Bombay High Court, had rejected the plea filed by Varavara Rao,Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case seeking and refused to grant them default bail.
Gonsalves is in the jail of Pune since August 28, 2018 under the Unlawful Activities Prevention Act (UAPA).
Senior Advocate Rebecca John,who appeared for Gonsalves, submitted that three statements allegedly incriminating him were recovered from the laptops of other accused and were not related to him.
In his defence Vernon Gonsalves said
“An elementary question is how are any of these documents related to me? Without any connection or independent witness it cannot be used against me. Statements don’t frame me at all. Only witness who said I was involved is protected. My respectful submission is, if UAPA had not been evoked I would have been granted bail even if the evidence was placed at a high pedestal.”
Additional Solicitor General (ASG) SV Raju, who appeared for the NIA, said that Gonsalves continued his illegal activities even after acquittal.He added
“There’s a charge of 120B, all this is evidence under Section 10 of the Evidence Act. Admissibility of evidence cannot be raised at the stage of bail. Look at the arms found. Judgments of acquittals not produced, maybe they were passed because no one came to depose … Witnesses must have turned hostile”
The ASG said that there are many discharge applications filed by different accused and thus the result is delay in trial