8 accused in Bhima Koregaon seek bail as judge who rejected bail was not authorised

Petitioners move Bombay High Court for relief from Pune special judge order of 2019

Published - July 06, 2021 11:29 pm IST - Mumbai

Eight accused in the Bhima Koregaon caste violence case moved the Bombay High Court on Tuesday seeking bail on the ground that the special judge at Pune who rejected their default bail was not authorised to do so. Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Varavara Rao, Vernon Gonsalves and Arun Ferreira filed the petition through advocate R. Sathyanarayanan.

They are challenging the order passed by special judge K.D. Wadane on September 5, 2019 rejecting their default bail pleas. They said the special judge had no jurisdiction to take cognizance as original jurisdiction as the case was not committed by the magistrate.

The petitioners urged the High Court to set aside the order passed on September 5, 2019 and declare that the special judge had no power to take cognizance and his action is bad in law and illegal.

The petition stated, “The order suffers from serious illegality. Neither the court of district judge nor the additional sessions judge nor any presiding officers have been authorised and thus the special judge is precluded from conducting the matter and cannot assume powers under the National Investigation Agency (NIA) Act.”

The matter will be heard on July 8 by a division bench of Justices S.S. Shinde and N.J. Jamadar.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.