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Tag: Anand Teltumbde

  • 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 for the release 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 said it will not interfere with the high court order granting bail to Teltumbde.

    “We will not interfere,” the bench said.

    “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 said in its order. 

    The bench while dismissing NIAs appeal against HCs November 18 ruling clarified that the trial in the case against Teltumbde would go on without being influenced by HC observations in the bail order. 

    The high court had on November 18 granted bail to Teltumbde noting prima facie the only case made out against him relates to alleged association with a terror group and the support given to it, for which the maximum punishment is 10 years in jail.

    It had also noted there was no evidence to show he was an active member of the banned CPI (Maoist) or had indulged in any terrorist act. The high court had, however, stayed its bail order for a week so the National Investigation Agency could appeal its order in the Supreme Court.

    Teltumbde, 73, is the third accused among 16 arrested in the case to be released on bail. Teltumbde has been lodged in Taloja Central Prison since 2020 for his alleged role 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 event where speakers, singers and other performers had allegedly made provocative speeches. 

    Poet Varavara Rao is currently out on bail on health grounds, while lawyer Sudha Bharadwaj secured regular bail.

    On November 22, the top court had agreed to hear on Friday the anti-terror agency’s appeal.

    In an attempt to convince the bench, ASG Aishwarya Bhati argued that Teltumbde was “actively” involved 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 while discussing letters opined that there was no prima facie evidence to link him with Maoist activity.

    “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 also his contention that the Dalit rights activist did not even attend the Parishad event. 

    “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 further added. 

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

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

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

    The accused in the case have been charged with offences relating to waging a war against the nation, being active members of the CPI (Maoist), criminal conspiracy and indulging in acts with an intent to strike terror in the minds of people using explosive substances.

    The trial court is yet to frame charges in the case after which the trial will commence.ALSO READ | UAPA being misused to terrorise people into silence: Anand Teltumbde

    (With inputs from PTI)

    NEW DELHI: The Supreme Court on Friday paved the way for the release 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 said it will not interfere with the high court order granting bail to Teltumbde.

    “We will not interfere,” the bench said.

    “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 said in its order. 

    The bench while dismissing NIAs appeal against HCs November 18 ruling clarified that the trial in the case against Teltumbde would go on without being influenced by HC observations in the bail order. 

    The high court had on November 18 granted bail to Teltumbde noting prima facie the only case made out against him relates to alleged association with a terror group and the support given to it, for which the maximum punishment is 10 years in jail.

    It had also noted there was no evidence to show he was an active member of the banned CPI (Maoist) or had indulged in any terrorist act. The high court had, however, stayed its bail order for a week so the National Investigation Agency could appeal its order in the Supreme Court.

    Teltumbde, 73, is the third accused among 16 arrested in the case to be released on bail. Teltumbde has been lodged in Taloja Central Prison since 2020 for his alleged role 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 event where speakers, singers and other performers had allegedly made provocative speeches. 

    Poet Varavara Rao is currently out on bail on health grounds, while lawyer Sudha Bharadwaj secured regular bail.

    On November 22, the top court had agreed to hear on Friday the anti-terror agency’s appeal.

    In an attempt to convince the bench, ASG Aishwarya Bhati argued that Teltumbde was “actively” involved 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 while discussing letters opined that there was no prima facie evidence to link him with Maoist activity.

    “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 also his contention that the Dalit rights activist did not even attend the Parishad event. 

    “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 further added. 

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

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

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

    The accused in the case have been charged with offences relating to waging a war against the nation, being active members of the CPI (Maoist), criminal conspiracy and indulging in acts with an intent to strike terror in the minds of people using explosive substances.

    The trial court is yet to frame charges in the case after which the trial will commence.ALSO READ | UAPA being misused to terrorise people into silence: Anand Teltumbde

    (With inputs from PTI)

  • Elgar Parishad case: NIA moves SC against bail granted to Anand Teltumbde

    By PTI

    NEW DELHI: The National Investigation Agency (NIA) Tuesday moved the Supreme Court against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad-Maoist links case.

    The Bombay High Court on November 18 granted bail to Teltumbde noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it, for which the maximum punishment is 10 years in jail.

    Teltumbde, 73, is the third accused of the total 16 arrested in the case to be released on bail.

    Poet Varavara Rao is currently out on bail on health grounds, and lawyer Sudha Bharadwaj is out on regular bail.

    Alleging that the high court has conducted a roving inquiry and a mini-trial, the NIA in its plea before the top court said the high court perused the charges in the charge sheet in isolation and made observations that would influence 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 said.

    The plea contended that the high court has conducted a roving inquiry and a mini-trial by intricately examining the evidence on record which is contrary to the law laid down by this court.

    “The high court perused the charges in the charge sheet in isolation and made observations that would influence the trial erring to notice that laws dealing with national security and national integrity should be interpreted and applied with a strict yardstick as compared to other laws.

    “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 said.

    The plea contended that Teltumbde is a senior and active member of CPI (Maoist) working in urban 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 said.

    Teltumbde has been lodged at the Taloja prison in Navi Mumbai since his arrest in the case in April 2020.

    The activist had moved the high court last year after a special court refused to grant him bail.

    He had claimed that he was neither present at December 31, 2017, Elgar Parishad event held in Pune city, nor had made any provocative speech.

    The NIA’s claim is that Teltumbde was one of the main conveners of the Elgar Parishad and he was an active member of several frontal organisations of the CPI (Maoist).

    NEW DELHI: The National Investigation Agency (NIA) Tuesday moved the Supreme Court against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad-Maoist links case.

    The Bombay High Court on November 18 granted bail to Teltumbde noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it, for which the maximum punishment is 10 years in jail.

    Teltumbde, 73, is the third accused of the total 16 arrested in the case to be released on bail.

    Poet Varavara Rao is currently out on bail on health grounds, and lawyer Sudha Bharadwaj is out on regular bail.

    Alleging that the high court has conducted a roving inquiry and a mini-trial, the NIA in its plea before the top court said the high court perused the charges in the charge sheet in isolation and made observations that would influence 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 said.

    The plea contended that the high court has conducted a roving inquiry and a mini-trial by intricately examining the evidence on record which is contrary to the law laid down by this court.

    “The high court perused the charges in the charge sheet in isolation and made observations that would influence the trial erring to notice that laws dealing with national security and national integrity should be interpreted and applied with a strict yardstick as compared to other laws.

    “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 said.

    The plea contended that Teltumbde is a senior and active member of CPI (Maoist) working in urban 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 said.

    Teltumbde has been lodged at the Taloja prison in Navi Mumbai since his arrest in the case in April 2020.

    The activist had moved the high court last year after a special court refused to grant him bail.

    He had claimed that he was neither present at December 31, 2017, Elgar Parishad event held in Pune city, nor had made any provocative speech.

    The NIA’s claim is that Teltumbde was one of the main conveners of the Elgar Parishad and he was an active member of several frontal organisations of the CPI (Maoist).

  • Court allows Anand Teltumbde’s plea to call mother for five minutes after brother’s encounter killing

    By PTI

    MUMBAI: A special NIA court here has allowed activist Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case, to have a telephonic conversation with his mother for five minutes in the wake of the death of his brother Milind Teltumbde, a top Naxal leader, in an encounter with security forces last week.

    Anand Teltumbde is currently lodged in Taloja jail following his arrest in the Elgar Parishad case in April 2020.

    The court on Tuesday allowed his plea in which he sought a telephonic conversation with his mother.

    The detailed order was made available on Wednesday.

    In his plea, Teltumbde said his 90-year-old mother is in a state of shock and bereavement after Milind’s demise and therefore he may be permitted a telephone call.

    His plea was allowed by special court’s judge D E Kothalikar.

    “The superintendent Taloja Central Prison shall allow accused No.10 (Teltumbde) to make phone calls to his mother for 5 minutes by keeping the phone on speaker mode,” the court said.

    The superintendent shall get it confirmed that the person speaking from the other side is mother of the accused only, it added.

    Anand Teltumbde and some other activists were initially booked by the Pune police after violence erupted at Koregaon Bhima near Pune, a day after the Elgar Parishad conclave was held in the city on December 31, 2017.

    Inflammatory speeches and provocative statements made at the conclave triggered the violence at Koregaon Bhima the next day, the police had alleged.

    According to the police, the event was “backed” by Maoists.

    The NIA later took over the probe into the case.

    Milind Teltumbde died in Saturday’s encounter with security forces that killed 26 rebels in Gadchiroli district of eastern Maharashtra.

    He was carrying a reward of Rs 50 lakh on his head for his alleged involvement in violent activities against the state.

  • Elgar Parishad case: Bombay HC issues notice to NIA on activist Anand Teltumbde’s bail plea

    By PTI

    MUMBAI: The Bombay High Court on Monday issued a notice to the National Investigation Agency (NIA) and directed it to file a reply to the bail plea of activist Anand Teltumbde, an accused in the Elgar Parishad Maoist links case.

    Teltumbde has approached HC challenging the order of the special court denying him bail on merits in July this year. In his plea, filed through senior counsel Mihir Desai, he has denied charges against him and sought bail.

    A bench of Justices SS Shinde and NJ Jamadar directed the NIA to file its reply to Teltumbde’s plea within three weeks.

    On July 12 this year, the special NIA court in the city had rejected Teltumbde’s bail plea observing in its order that there existed a prima facie case against him under the Unlawful Activities Prevention Act (UAPA).

    “Upon perusal of the documents, including the exchange of emails and the statements of the witnesses relied upon by the prosecution, and after cross-checking the truthfulness of the allegations made against the applicant, this court does not find that the accusations are inherently improbable or wholly unbelievable,” the special court had said at the time.

    Teltumbde, however, challenged the order and said the NIA had picked and chosen electronic evidence to suit its case. Teltumbde also said in his plea that he had cooperated with the probe and was not a flight risk, and, therefore, deserved to be granted bail.

    He was arrested by the NIA in April last year and has been in judicial custody in the Taloja prison since then.

  • Elgar Parishad case: Allegations against Teltumbde prima facie true, says court

    By PTI
    MUMBAI: A special court here has said that there was sufficient material to show that the allegations against activist Anand Teltumbde, arrested in the Elgar Parishad-Maoist links case, were prima facie true.

    The court has also said it does not find the accusations against Teltumbde to be “inherently improbable” or “wholly unbelievable”, and prima facie he was involved in furthering activities of a banned organisation.

    Special judge D E Kothalikar, presiding over matters probed by the National Investigation Agency (NIA), made the observations while rejecting Teltumbde’s bail application on July 12, although the detailed order was made available on Friday.

    “Upon perusal of the documents, including the exchange of e¬-mails and the statements of the witnesses relied upon by the prosecution, and after cross-checking the truthfulness of the allegations made against the applicane, this court does not find that the accusations are inherently improbable or wholly unbelievable,” the court said.

    “On the contrary, I have no hesitation to conclude that there is sufficient material to enable the court reach to prima facie conclusion that the accusations made against the applicant (Teltumbde) are prima facie true,” the judge noted.

    The court further said there is no hitch to record prima facie satisfaction that there is material against the applicant to show his complicity in the crime.

    It also noted that evidence and documents submitted by the prosecution prima facie indicate that the applicant was prima facie involved in furthering activities of the banned organisation.

    The NIA had earlier claimed that Teltumbde was an active member of CPI (Maoist) and propagated its activities.

    “I hold that there is prima facie ample material on record which would reveal active role and participation of the applicant,” the court said.

    Among other grounds, Teltumbde’s lawyer, had urged the court to consider the aspect that the probe in the crime has already been completed and the applicant is a well-qualified person.

    The court, however, cited a Supreme Court order and noted that the fact that that the charge¬sheet has been submitted against the applicant cannot be used in favour of the applicant, rather it would go against him.

    “As stated earlier, the courts considering the bail application are required to maintain a fine balance between the societal interest vis-a-vis personal liberty of the accused, by adhering to the fundamental principle of criminal jurisprudence.

    “In this background, the contention of the applicant that his educational qualification and social background, needs to be considered while deciding bail application, is liable to be discarded,” the judge observed.

    Teltumbde, arrested by the NIA in April last year, had in January 2021 filed a bail application stating that the theory of the prosecution that he was “waging a war or attempting to wage a war or abetting others to wage a war or incite the public is humbug.”

    Teltumbde is presently lodged in the Taloja prison in Navi Mumbai.

  • Elgar Parishad case: Mumbai court rejects bail plea of activist Anand Teltumbde

    By PTI
    MUMBAI: A special court here on Monday rejected the bail plea of activist Anand Teltumbde, 70, arrested in the Elgar Parishad-Maoist links case.

    Special Judge D E Kothalikar, presiding over matters probed by the National Investigation Agency (NIA), refused bail to Teltumbde accepting the prosecution’s argument that there was sufficient material against the accused.

    A copy of the detailed order of the court is awaited.

    Teltumbde, arrested by the NIA in April last year, had in January 2021 filed a bail application stating that the theory of the prosecution that he was “waging a war or attempting to wage a war or abetting others to wage a war or incite the public is humbug”.

    Teltumbde is presently lodged in the Taloja prison in Nav Mumbai.

    NIA counsel Prakash Shetty opposed the bail application arguing that there was sufficient material in the form of oral and documents to prove Teltumbde’s complicity in the case.

    Shetty had claimed that Teltumbde was an active member of CPI (Maoist) and propagated its activities.

    In his bail application, Teltumbde, however, claimed the NIA had not produced any material to show that he is a member of the CPI (Maoist).