It said that the investigation machinery of NIA has not given legal and sufficient reasons for transferring the proceedings
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A Sessions Court here on Friday passed an order in Bhima Koregaon case, transferring all records and further proceedings of the case to Special National Investigation Agency (NIA) court, Mumbai.
All the accused in the case will be produced before the special court of NIA in Mumbai on February 28.
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The NIA had filed a petition in Pune's Sessions Court on January 29 last month seeking transfer of the case to the agency's court in Mumbai.
Earlier, the Maharashtra government, in an application filed before the court, had objected to transferring all the court records, seized articles from the file of this court to an NIA court in Mumbai.
"That present application is not legally tenable under the provisions of law and particularly according to the provisions of UAPA 1967 and NIA Act 2008," the application read.
It said that the investigation machinery of NIA has not given legal and sufficient reasons for transferring the proceedings.
"It is submitted that the offence is committed within the local jurisdiction of the Pune court and the investigating authority after the completion of the investigation filed the charge-sheet before this court and as such, the matter is fixed for framing of the charges," the application added.
It submitted that Section 22 (2) of the NIA Act empowers the state government to constitute one or more special court for the trial of the offence under any or all the enactments.
"Therefore, in view of this provisions for the appointment of a special court to conduct the scheduled offences, the Government of Maharashtra has established the special courts," the application said.
On January 1, 2018, violence had erupted during the 200th-anniversary celebrations of the Bhima-Koregaon battle. One person had lost his life while several others were injured in the incident.
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