Thread by @barandbench

#BombayHighCourt is hearing the appeal by 8 accused in #BhimaKoregaon case challenging the cognizance taken by the Sessions Judge Pune in the pre trial proceedings of the case.

Adv Sudeep Pasbola is making submissions on behalf of the petitioner accused.

#BhimaKoregaon

Pasbola: On June 7, 2018 when the accused were first produced before the Sessions Judge, Pune, they had raised an objection on the jurisdiction.

#BhimaKoregaon
#BombayHighCourt

Pasbola: Several interlocutory applications filed by the applicants were heard by the Sessions judge.

#BhimaKoregaon
#BombayHighCourt

Pasbola: Their default bail applications were also heard by the Sessions Judges.

#BhimaKoregaon
#BombayHighCourt

Pasbola: The order of the sessions judge cannot be sustained. Here the state government has already constituted special court. Section 16 is only for NIA courts. Under Sec 22, there were two courts functioning in Pune.

Pasbola: if they wanted to file chargesheet, it could not have been filed under any court.

Pasbola: There is nothing to show that a report under S 6(1)(a) in the affidavit filed by NIA.
If Sec 6 (of NiA) is not complied with then 7 will not come into play.

#BhimaKoregaon
#BombayHighCourt

Court: Section 7 says whatever be the mode of investigation, once NIA comes into the picture based on the Central govt notification, then they commence investigate. The state report is not necessary.

#BhimaKoregaon
#BombayHighCourt

Pasbola: I am talking of a stage prior to the central govt notification.

#BhimaKoregaon
#BombayHighCourt

Pasbola: In the absence of special court under NIA, they ought to have approached the Magistrate Court in light of the definition of courts under the UAPA.

Court: What happened to the matter which was pending in Supreme Court?

Pasbola: That is still pending. Kindly look into this order of the Nagpur Bench in which one of the co-accused is party.

UAPA offences have to be tried by special NIA court even if investigated by State Police: Bombay HC refuses bail to Surendra Gadling in 2016 case | barandbench.com/news/litigatio…

Pasbola: If the court has no jurisdiction then the order in remand or even for custody are in nullity. Only to defeat the right of the accused for bail, these came to be filed to make them infructuous.

#BombayHighCourt
#BhimaKoregaon

Pasbola: The Court under the CrPC is not what is contemplated for scheduled offences. It is the Special Court under the NIA Court. The investigation carries on, it will have no effect. Ultimately it results in a chargesheet, which goes before Special Court.

#BombayHighCourt

Pasbola: If the prosecution says that for the Courts the CrPC has to be followed since special court is not notified then that would mean the Judicial Magistrate.

#BombayHighCourt #BhimaKoregaon

Court: We will listen to the ASG tomorrow. The order in the other matter is remaining due to this matter. So we want to finish this at the earliest.

#BombayHighCourt
#BhimaKoregaon

Hearing to continue tomorrow.

#BombayHighCourt
#BhimaKoregaon