By PTI
NEW DELHI: The National Investigation Agency (NIA) Tuesday moved the Supreme Court in opposition to the bail granted to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.
The Bombay High Court on November 18 granted bail to Teltumbde noting that prima facie the one case made out in opposition to him pertains to alleged affiliation with a terror group and help given to it, for which the utmost punishment is 10 years in jail.
Teltumbde, 73, is the third accused of the entire 16 arrested within the case to be launched on bail.
Poet Varavara Rao is at present out on bail on well being grounds, and lawyer Sudha Bharadwaj is out on common bail.
Alleging that the excessive courtroom has carried out a roving inquiry and a mini-trial, the NIA in its plea earlier than the highest courtroom stated the excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial.
“The observations of the high court that no prima facie case is made out against the respondent herein is contrary to the observations made by this court in the case of the very same respondent seeking pre-arrest bail… The said order also fails to take into account the cumulative effect of all the earlier proceedings moved by the present respondent in the instant case where all reliefs have been denied by each forum so approached holding that there is a prima facie case as against the respondent herein,” the plea stated.
The plea contended that the excessive courtroom has carried out a roving inquiry and a mini-trial by intricately analyzing the proof on document which is opposite to the legislation laid down by this courtroom.
“The excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial erring to note that legal guidelines coping with nationwide safety and nationwide integrity must be interpreted and utilized with a strict yardstick as in comparison with different legal guidelines.
“That the high court went into so much analysis in detail in order to grant bail to the respondent herein and thus held that no prima facie case is made out,” the NIA stated.
The plea contended that Teltumbde is a senior and energetic member of CPI (Maoist) working in city areas.
“The respondent herein was instrumental in organising fact-finding missions on the directions of CPI(M) which had allocated Rs 10,00,000 for the purpose of his international campaign and visits in furtherance of CPI(M) agenda and is the brother of Milind Teltumbde who was eliminated in an encounter with the security forces who was deeply inspired by the respondent herein,” the plea stated.
Teltumbde has been lodged on the Taloja jail in Navi Mumbai since his arrest within the case in April 2020.
The activist had moved the excessive courtroom final yr after a particular courtroom refused to grant him bail.
He had claimed that he was neither current at December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor had made any provocative speech.
The NIA’s declare is that Teltumbde was one of many essential conveners of the Elgar Parishad and he was an energetic member of a number of frontal organisations of the CPI (Maoist).
NEW DELHI: The National Investigation Agency (NIA) Tuesday moved the Supreme Court in opposition to the bail granted to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.
The Bombay High Court on November 18 granted bail to Teltumbde noting that prima facie the one case made out in opposition to him pertains to alleged affiliation with a terror group and help given to it, for which the utmost punishment is 10 years in jail.
Teltumbde, 73, is the third accused of the entire 16 arrested within the case to be launched on bail.
Poet Varavara Rao is at present out on bail on well being grounds, and lawyer Sudha Bharadwaj is out on common bail.
Alleging that the excessive courtroom has carried out a roving inquiry and a mini-trial, the NIA in its plea earlier than the highest courtroom stated the excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial.
“The observations of the high court that no prima facie case is made out against the respondent herein is contrary to the observations made by this court in the case of the very same respondent seeking pre-arrest bail… The said order also fails to take into account the cumulative effect of all the earlier proceedings moved by the present respondent in the instant case where all reliefs have been denied by each forum so approached holding that there is a prima facie case as against the respondent herein,” the plea stated.
The plea contended that the excessive courtroom has carried out a roving inquiry and a mini-trial by intricately analyzing the proof on document which is opposite to the legislation laid down by this courtroom.
“The excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial erring to note that legal guidelines coping with nationwide safety and nationwide integrity must be interpreted and utilized with a strict yardstick as in comparison with different legal guidelines.
“That the high court went into so much analysis in detail in order to grant bail to the respondent herein and thus held that no prima facie case is made out,” the NIA stated.
The plea contended that Teltumbde is a senior and energetic member of CPI (Maoist) working in city areas.
“The respondent herein was instrumental in organising fact-finding missions on the directions of CPI(M) which had allocated Rs 10,00,000 for the purpose of his international campaign and visits in furtherance of CPI(M) agenda and is the brother of Milind Teltumbde who was eliminated in an encounter with the security forces who was deeply inspired by the respondent herein,” the plea stated.
Teltumbde has been lodged on the Taloja jail in Navi Mumbai since his arrest within the case in April 2020.
The activist had moved the excessive courtroom final yr after a particular courtroom refused to grant him bail.
He had claimed that he was neither current at December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor had made any provocative speech.
The NIA’s declare is that Teltumbde was one of many essential conveners of the Elgar Parishad and he was an energetic member of a number of frontal organisations of the CPI (Maoist).