In her petition, Professor Sen contends that
the evidence against her is unfounded and has been forged and planted on the laptops belonging to her and the co-accused persons, with a view to frame them.
In a reply affidavit filed on June 16, the NIA has opposed the grant of interim relief in the matter and raised preliminary objections regarding maintainability.
The larger reasons for these objections are
- the disputed nature of facts, (the NIA strongly rejects the report of M/s Arsenal Consultancy and the American Bar Association, stating that the parties have no locus standi in the matter- does that dispute the fact that the documents were planted?)
- the existence of an alternate remedy,(alt remedy under Sections 227 or 239 of the CrPC )
- the impossibility of considering documents before trial, (but alt remedy require considering documents,which means that alternative remedy is not a remedy at the moment
- the premature timing of submitting such documents, Section 482 says Nothing inCrPC this Code shall be deemed to limit or affect the inherent powers of the High Court.. to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The planting of documents relied on to keep a person in jail without bail, definitely rises to the level of "abuse of process of court to secure the ends of justice. -- Would non consideration of evidence on the basis of locus standii, be an abuse of the process of law? )