Accused can't choose probe agency, says HC
MUMBAI, Sept. 26 -- The Bombay High Court on Thursday questioned the maintainability of a petition filed by Bhima Koregaon conspiracy case accused Surendra Gadling and Sudhir Dhawale, contending the transfer of the case from the Pune police to the National Investigation Agency (NIA) in January 2020 was politically motivated.
The Pune police had already filed a charge sheet and a supplementary charge sheet by then, whereas the NIA Act, 2008, had no provision empowering the central government to transfer a probe after it had been completed, they contended in their petition, filed shortly after the case was transferred to the NIA.
On Thursday, the division bench of justices AS Gadkari and Ranjitsinha Raja Bhonsale said the prayers were maintainable, but not at the behest of an accused in the case. "The accused has no right to choose the investigating agency.You cannot question the transfer of investigation," the judges said, asking Gadling's counsel, advocate Satish Talekar, to justify the reliefs sought.
The matter was adjourned till October 9 after Talekar sought time to respond to the query....
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