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Bar & Bench

4 May, 13 tweets, 5 min read

#BombayHighCourt to hear pleas filed by Rona Wilson and Shoma Sen seeking to quash the respective charges slapped against them by #NIA in connection to the #ElgarParishad event of 2018.

Hearing before Bench of Justices SS Shinde and Manish Pitale.

#ElgarParishadcase

Wilson has sought for SIT to probe the alleged the planting of documents on his computer by using malware.

#ElgarParishadcase

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Sen has also contended that the prosecution's case against her is built on evidence which was planted on digital devices belonging to a co-accused Wilson.

barandbench.com/news/litigatio…

NIA stated in its reply that Wilson cannot rely upon the report of the US firm Arsenal Consulting for quashing of chargesheet as the report is not part of chargesheet.

barandbench.com/news/litigatio…

Follow thread for updates on hearing.

#ElgarParishadcase

Sr Adv Indira Jaising submits that the plea is filed seeking to quash the sanction order by the state to charge the petitioners.

#ElgarParishadcase

Jaising: We have received the affidavit in Wilson’s matter. My challenge is to the sanction of Maharashtra by 2018. Because the investigation was transferred in 2020, and the state of Maharashtra had granted sanction.

#ElgarParishadcase

Jaising: Either NIA will argue for state of Maharashtra too or State must file a separate reply.

#ElgarParishadcase

Jaising: The IO in this case failed to record that there was tampering of the computer belonging to Wilson.
The reply has to be given by State in this case.

#ElgarParishadcase

ASG Anil Singh appearing for NIA submits that they will obviously challenge such a claim and defend the sanction given.

#ElgarParishadcase

Court asks Chief Public Prosecutor Deepak Thakare on the State’s response.

Thakare: We will take instructions and submit response on the next day.

Jaising: If they do not file reply, we take it that they agree to the petition.

#ElgarParishadcase

Court directs Sr Adv Anand Grover and Jaising to submit their written submissions.

Court places the matter for hearing post vacations.

Court says they need able assistance from all lawyers on the technical issues.

#ElgarParishadcase

Court places the matter for hearing on June 16, 2021.

#ElgarParishadcase

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