Elgar Parishad case: SC upholds Bombay HC order granting bail to Anand Teltumbde

Express News Service

NEW DELHI: The Supreme Court on Friday paved the way in which for the discharge of 2018 Bhima Koregaon accused Anand Teltumbde by upholding Bombay High Court order granting him bail. 

A bench of Chief Justice DY Chandrachud and Justice Hima Kohli mentioned it won’t intrude with the excessive court docket order granting bail to Teltumbde.

“We will not interfere,” the bench mentioned.

“The SLP (Special Leave Petition) is dismissed. Observations made in the HC order shall not be treated as conclusive findings at the trial,” the bench mentioned in its order. 

The bench whereas dismissing NIAs enchantment towards HCs November 18 ruling clarified that the trial within the case towards Teltumbde would go on with out being influenced by HC observations within the bail order. 

The excessive court docket had on November 18 granted bail to Teltumbde noting prima facie the one case made out towards him pertains to alleged affiliation with a terror group and the assist given to it, for which the utmost punishment is 10 years in jail.

It had additionally famous there was no proof to indicate he was an energetic member of the banned CPI (Maoist) or had indulged in any terrorist act. The excessive court docket had, nevertheless, stayed its bail order for every week so the National Investigation Agency may enchantment its order within the Supreme Court.

Teltumbde, 73, is the third accused amongst 16 arrested within the case to be launched on bail. Teltumbde has been lodged in Taloja Central Prison since 2020 for his alleged function in Elgar Parishad programme which was held in Shaniwarwada in Pune in December 31, 2017. Violence had erupted in Bhima Koregaon on January 1, 2018 pursuant to the Parishad occasion the place audio system, singers and different performers had allegedly made provocative speeches. 

Poet Varavara Rao is presently out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

On November 22, the highest court docket had agreed to listen to on Friday the anti-terror company’s enchantment.

In an try and persuade the bench, ASG Aishwarya Bhati argued that Teltumbde was “actively” concerned in propagating the ideology of CPI(M), which is a proscribed organisation. “Look at larger canvas at which CPI(M) works. If it’s a proscribed terrorist organisation then even assistance or affiliation is also an offence, but he’s actively involved in propagation of ideology, organising, fund transfer etc,” she added.

Defending HCs order granting bail, Senior Advocate Kapil Sibal for Mr Teltumbde argued that the HC whereas discussing letters opined that there was no prima facie proof to hyperlink him with Maoist exercise.

“All documents indicated & shown aren’t recovered from me & weren’t even emailed. These are fact finding & academic… This is written by someone else & not me. Threshold under the UAPA act is very high. He wrote about impact of neo liberal globalization on dalits. This is the issue, wherever there is a dalit issue he is there. In process there is some organisation which is closely related to some other org & if I’m an academic & I give speech then that doesn’t make me a terrorist,” Sibal added. It was additionally his competition that the Dalit rights activist didn’t even attend the Parishad occasion. 

“I’m estranged from my brother & I haven’t met him for 30 years. Their best case is if someone refers to Anand Teltumbde as dear comrade then he becomes an active member of the CPI (Maoist). HC has dealt with it & they asked HC to deal with it. HC has applied its mind & HC says there is no violation of sections of act,” Sibal had additional added. 

Teltumbde’s brother Milind, a member of the central committee of the CPI (Maoist), was killed in an encounter with safety forces in November 2021 in Maharashtra’s Gadchiroli.

Anand Teltumbde had claimed he was not current at the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.

The prosecution’s case was that provocative and inflammatory speeches have been made on the occasion, allegedly backed by the banned CPI (Maoist), which later led to violence at Koregaon Bhima village close to Pune.

The accused within the case have been charged with offences regarding waging a struggle towards the nation, being energetic members of the CPI (Maoist), legal conspiracy and indulging in acts with an intent to strike terror within the minds of individuals utilizing explosive substances.

The trial court docket is but to border costs within the case after which the trial will begin.
ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

(With inputs from PTI)

NEW DELHI: The Supreme Court on Friday paved the way in which for the discharge of 2018 Bhima Koregaon accused Anand Teltumbde by upholding Bombay High Court order granting him bail. 

A bench of Chief Justice DY Chandrachud and Justice Hima Kohli mentioned it won’t intrude with the excessive court docket order granting bail to Teltumbde.

“We will not interfere,” the bench mentioned.

“The SLP (Special Leave Petition) is dismissed. Observations made in the HC order shall not be treated as conclusive findings at the trial,” the bench mentioned in its order. 

The bench whereas dismissing NIAs enchantment towards HCs November 18 ruling clarified that the trial within the case towards Teltumbde would go on with out being influenced by HC observations within the bail order. 

The excessive court docket had on November 18 granted bail to Teltumbde noting prima facie the one case made out towards him pertains to alleged affiliation with a terror group and the assist given to it, for which the utmost punishment is 10 years in jail.

It had additionally famous there was no proof to indicate he was an energetic member of the banned CPI (Maoist) or had indulged in any terrorist act. The excessive court docket had, nevertheless, stayed its bail order for every week so the National Investigation Agency may enchantment its order within the Supreme Court.

Teltumbde, 73, is the third accused amongst 16 arrested within the case to be launched on bail. Teltumbde has been lodged in Taloja Central Prison since 2020 for his alleged function in Elgar Parishad programme which was held in Shaniwarwada in Pune in December 31, 2017. Violence had erupted in Bhima Koregaon on January 1, 2018 pursuant to the Parishad occasion the place audio system, singers and different performers had allegedly made provocative speeches. 

Poet Varavara Rao is presently out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

On November 22, the highest court docket had agreed to listen to on Friday the anti-terror company’s enchantment.

In an try and persuade the bench, ASG Aishwarya Bhati argued that Teltumbde was “actively” concerned in propagating the ideology of CPI(M), which is a proscribed organisation. “Look at larger canvas at which CPI(M) works. If it’s a proscribed terrorist organisation then even assistance or affiliation is also an offence, but he’s actively involved in propagation of ideology, organising, fund transfer etc,” she added.

Defending HCs order granting bail, Senior Advocate Kapil Sibal for Mr Teltumbde argued that the HC whereas discussing letters opined that there was no prima facie proof to hyperlink him with Maoist exercise.

“All documents indicated & shown aren’t recovered from me & weren’t even emailed. These are fact finding & academic… This is written by someone else & not me. Threshold under the UAPA act is very high. He wrote about impact of neo liberal globalization on dalits. This is the issue, wherever there is a dalit issue he is there. In process there is some organisation which is closely related to some other org & if I’m an academic & I give speech then that doesn’t make me a terrorist,” Sibal added. It was additionally his competition that the Dalit rights activist didn’t even attend the Parishad occasion. 

“I’m estranged from my brother & I haven’t met him for 30 years. Their best case is if someone refers to Anand Teltumbde as dear comrade then he becomes an active member of the CPI (Maoist). HC has dealt with it & they asked HC to deal with it. HC has applied its mind & HC says there is no violation of sections of act,” Sibal had additional added. 

Teltumbde’s brother Milind, a member of the central committee of the CPI (Maoist), was killed in an encounter with safety forces in November 2021 in Maharashtra’s Gadchiroli.

Anand Teltumbde had claimed he was not current at the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.

The prosecution’s case was that provocative and inflammatory speeches have been made on the occasion, allegedly backed by the banned CPI (Maoist), which later led to violence at Koregaon Bhima village close to Pune.

The accused within the case have been charged with offences regarding waging a struggle towards the nation, being energetic members of the CPI (Maoist), legal conspiracy and indulging in acts with an intent to strike terror within the minds of individuals utilizing explosive substances.

The trial court docket is but to border costs within the case after which the trial will begin.ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

(With inputs from PTI)