The Supreme Court on Friday dismissed a plea by the National Investigation Agency against a Bombay High Court order of November 18, which granted bail to activist Anand Teltumbde, an accused in the Bhima Koregaon case for having Maoists links.
"We don't find any reason to interfere with the HC's order," a bench of Chief Justice D Y Chandrachud and Justice Hima Kohli said, after hearing Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati for the NIA and senior advocate Kapil Sibal for Teltumbde.
The court, however, clarified the observations made by the High Court in the bail order should not be treated as conclusive findings for the purpose of trial.
In her submission, Bhati referred to materials including statements recorded by protected witnesses under Section 164 of the Criminal Procedure Code to link the accused with banned outfit CPI (Maoist). She also contended it is not necessary for an actual terrorist act to be carried out under the Unlawful Activities (Prevention) Act as there was preparatory act for the proscribed organisation.
Bhati said the court should look at the larger canvas of how CPI (Maoist) works and case records showed that he was connected to the organisation, in propagation of its ideology, organising, fund transfer, recruitment etc.
Sibal, however, opposed the plea, saying he was a Dalit scholar and has attended various programmes including at international level at his own expenses. But he was not there at Elgar Parishad event at Bhima Koregaon.
The counsel also explained the petitioner did not have any contact with his younger brother, Milind who went underground for 30 years.
The High Court, while granting bail to Teltumbde, had in its order also concluded that on reading the chargesheet and the material before it, prima facie, it cannot be inferred that he has involved himself in a ‘terrorist act.’
In its plea, the NIA claimed the High Court conducted a "mini trial and roving inquiry" and examined every statements including under Section 164 of the CrPC, contrary to settled law and judicial pronouncements.
Teltumbde (72), the brother-in-law of Vanchit Bahujan Aghadi President Prakash Ambedkar, had surrendered before the National Investigation Agency in April 2020 following a Supreme Court order.
The NIA had accused Teltumbde of being the convenor of the Elgar Parishad of December 31, 2017, where provocative speeches were made which allegedly resulted in a caste violence at Bhima-Koregaon, Pune, on January 1, 2018, in which one person was killed.
The incidents sparked a nationwide furore and subsequent investigations by Pune Police, followed by the NIA, expanded the scope of the probe to an alleged conspiracy to assassinate Prime Minister Narendra Modi and overthrow the central government.
The NIA charged Teltumbde for being an active member of the banned CPI (Maoist) and deeply involved in "furtherance of its agenda."