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.
Source: Barandbench
