Rona Wilson’s plea to quash charge sheet filed to delay trial: Pune Police

Pune Police in their affidavit submitted to the Bombay high court (HC) has opposed the petition filed by Elgar Parishad accused Rona Wilson

Pune Police in their affidavit submitted to the Bombay high court (HC) has opposed the petition filed by Elgar Parishad accused Rona Wilson. The petitions have sought quashing of the charge sheet filed against him on the grounds that he was framed on the basis of material that was allegedly planted on Wilson’s electronic devices.

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The affidavit stated that the petition was intended to delay the commencement of the trial, and as the forensic report of the US consultancy firm relied upon by the accused is not part of the charge sheet, it can be dealt with by the trial court and hence HC need not consider it. The US-based firm had no locus to give an opinion without permission of the court, it further stated and also said that its report could be relied upon at the time of leading evidence in the trial.

The division bench of justice SS Shinde and justice NJ Jamadar, which is hearing Wilson’s writ petition, was informed that Pune Police deputy commissioner Shrinivas Murlidhar Ghadge had filed an affidavit in response to the allegations made by Wilson. Apart from quashing of the charge sheet following the disclosure by Arsenal Consulting in its report that his computer was infected with a malware which was allegedly planted through an email on June 13, 2016 (two years prior to his arrest on June 6, 2018), Wilson has also sought compensation for malicious prosecution, harassment and defamation.

Pune Police’s affidavit also stated that Wilson’s petition challenging the sanction granted by the Maharashtra government to prosecute him under Unlawful Activities (Prevention) Act was premature and that he could not dispute the approval, as the sanctioning authority had granted it after following due procedure.

While dealing with the issue of sanction, the affidavit stated, “If at all the petitioner wants to contend that the sanction is not proper and the authority granting the sanction has not followed the proper procedure, it is necessary to give the opportunity of being heard to the sanctioning authority and the prosecution at the time of trial.”

The police said that the present petition is filed to cause delay in the trial as cognisance of the charge sheet has already been taken by the trial court and hence, sought dismissal of the petition.

HC will hear Wilson’s plea on July 26 along with the plea of another co-accused, Shoma Sen.