[Bhima Koregaon] Decide on framing charges against Vernon Gonsalves within 3 months: Supreme Court

The Supreme Court on Thursday asked the special NIA court to decide on framing of charges against Bhima Koregaon accused Vernon Gonsalves within 3 months [Vernon Gonsalves vs State of Maharashtra and anr]..A Bench of Justices Uday Umesh Lalit and S Ravindra Bhat refused to grant interim relief for the time being but kept Gonsalves' bail plea before the top court pending. The Court also directed the special court to segregate Gonsalves' trial from that of other accused who are absconding. The Court ordered the following:"We direct that: a) The respondent shall take appropriate steps to segregate trial (from absconding accused) and/or issue 'proclaimed offender' for other accused;b) The concerned trial court to take up the case for framing up charges while taking up other applications simultaneously. c) Such cases have to be decided in 3 months, after which the present SLP will be listed Before this court.".The plea will now be considered after 3 months by apex court.The Court was hearing an appeal by Gonsalves against a Bombay High Court decision to deny default bail to him. .The Bombay High Court, had in May, rejected the plea filed by three accused Varavara Rao, Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case seeking review of the High Court's December 2021 judgment refusing them default bail..Gonsalves has been lodged in Pune jail since August 28, 2018 for offences including those under the Unlawful Activities Prevention Act (UAPA). Senior Advocate Rebecca John, appearing for Gonsalves, submitted that three statements allegedly incriminating him were recovered from the laptops of other accused and were not related to him. She pointed out that he has been acquitted in the all the other cases lodged prior to adding UAPA offences. "An elementary question is how are any of these documents related to me? Without any connection or independent witness it cannot be used against me. Statements don't frame me at all. Only witness who said I was involved is protected. My respectful submission is, if UAPA had not been evoked I would have been granted bail even if the evidence was placed at a high pedestal," John submitted.Additional Solicitor General (ASG) SV Raju, appearing for the NIA, argued that Gonsalves continued his illegal activities even after acquittal, which in turn were on technical grounds of witnesses not being able to depose. "There's a charge of 120B, all this is evidence under Section 10 of the Evidence Act. Admissibility of evidence cannot be raised at the stage of bail. Look at the arms found. Judgments of acquittals not produced, maybe they were passed because no one came to depose ... Witnesses must have turned hostile," he said.The ASG attributed the delay in the trial to the number of discharge applications filed by different accused. .[Follow our coverage of the hearing]