News Analysis India

Tag: Elgar Parishad case

  • Elgar Parishad accused controverting crucial facts, confusing court to delay trial, says NIA 

    By PTI

    MUMBAI: The National Investigation Agency (NIA) has told the Bombay High Court that the accused in the Elgar Parishad-Maoist links case were “mixing up and controverting crucial facts without much base and confusing the court to frustrate the trial proceedings”.

    In an affidavit filed before the high court earlier this week, the NIA urged a bench of Justices Nitin Jamdar and S V Kotwal that it would provide cloned copies of electronic evidence relied upon by the central agency in the case to activists Sudha Bharadwaj, Gautam Navlakha and other accused once it received them from the Forensic Science Laboratory (FSL).

    The agency urged the court to not stay the trial proceedings in the interim before the special court.

    It also denied the allegations made by the accused persons in the case that the cloned copies of electronic evidence seized from them had been tampered with, and added that the cloned copies of five such evidence pieces were being examined by the FSL and once it received them, it would provide the copies to the accused.

    The accused persons were “mixing up and controverting crucial facts without much basis and confusing the court to frustrate the trial proceedings”, it alleged and said that to delay the trial was the “ulterior motive” of the accused persons.

    The NIA’s affidavit was in response to the petitions filed in August this year by Bharadwaj and Navlakha, seeking clone copies of all devices seized from them in the case by the central agency.

    They had said through senior counsel Yug Chaudhary that while the special court had scheduled framing of charges in the case on August 23, after which the trial will commence, the accused had not yet received certain material, including cloned copies of the digital hard disc recovered by the probe agency.

    They had said that denial of the cloned copies was in breach of their fundamental rights.

    At that time, the NIA had said that it would defer the framing of charges until further hearing in the high court on the present plea seeking cloned copies.

    In its affidavit before the high court, the NIA said that it had already provided some of such cloned copies and the delay in providing the remaining was in no way a breach of the accused’s rights.

    “Thus, the supply of few pending electronic documents which are already relied on against the accused cannot be an alleged non-curable violation of fundamental rights,” their affidavit read.

    The appeal praying for clone copies of electronic evidence under section 207 of CrPC is going to be supplied to the accused persons.

    However, the interim prayer for stay of the trial proceedings is strongly objected, it added.

    The high court will next hear the plea on November 22.

    The case relates to alleged inflammatory speeches delivered at the ‘Elgar Parishad’ conclave, held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon- Bhima war memorial located on the city’s outskirts.

    The Pune Police claimed the conclave was backed by Maoists.

    The probe into the case was later transferred to the NIA.

  • HC says Varavara Rao need not surrender till September 25; NIA opposes his bail extension plea

    By PTI

    MUMBAI: The Bombay High Court on Monday adjourned till September 24 the hearing on the plea for interim bail extension of poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, and said he need not surrender to Taloja prison authorities till September 25.

    The National Investigation Agency (NIA), which is conducting a probe into the case, opposed Rao’s plea for the extension of medical bail and to shift to Hyderabad from Mumbai, saying his medical reports did not indicate that he suffers from any serious medical ailment.

    Rao (82), who was granted interim bail on medical grounds in February 22 this year, was scheduled to surrender and return to judicial custody on September 5.

    But, last week, the activist, through lawyer R Sathyanarayanan and senior counsel Anand Grover, filed an application seeking extension of the bail.

    Rao had also sought permission to stay in his hometown Hyderabad while out on bail, saying he found living in Mumbai and accessing health facilities here unaffordable.

    In its affidavit filed before the HC on Monday, the NIA said, “The medical reports filed by the applicant do not disclose any major ailment which necessitates him to take treatment at Hyderabad, neither it forms a ground for further extension (of bail).

    ” The NIA, in its affidavit, further said the Taloja prison, located in neighbouring Navi Mumbai, had adequate health care facilities and Rao can be provided with the”best medical facilities” there.

    The probe agency also said Rao should not be granted bail extension and should not be allowed to shift to Hyderabad as he is accused of committing a “serious” offence.

    “They (Rao) cannot expect the Hon’ble courts to pass orders as per their convenience, especially when the accused has prima facie committed offence of serious nature,” the NIA said in its affidavit.

    As part of the stringent interim bail conditions imposed by the HC, Rao has been staying with his wife in a rented accommodation in Mumbai.

    When he was granted bail, Rao was undergoing treatment for multiple ailments at the city-based private Nanavati Hospital, where was admitted by prison authorities following the HC’s intervention.

    On Monday, Grover told a bench of Justices S S Shinde and N J Jamadar that after being discharged from the Nanavati Hospital in February this year, Rao had developed three additional health ailments.

    NIA’s counsel, Additional Solicitor General Anil Singh, told the HC that the central agency had filed a “detailed affidavit” opposing Rao’s plea.

    The bench, however, pointed out that it had an administrative meeting to attend and could not hear further arguments in the matter.

    Grover then urged the HC to extend Rao’s date of surrender till the next date of hearing.

    The HC agreed and said Rao needn’t surrender till September 25, but added that he must continue adhering to the bail conditions until then, including staying within the jurisdiction of the Mumbai NIA court.

    In his plea seeking extension of medical bail and modification of bail conditions, Rao said as per doctors of the Nanavati Hospital, he is suspected to have a neurological issue, known as cluster headache, which needs further examination.

    Rao further said in the plea that he continues to suffer from multiple ailments, including urinary tract infection with recurrent hyponatremia, suspicion of Parkinsons’ disease, lacunar infarcts in six major lobes of the brain, and some eye problems.

    The activist contended that if he returned to custody in the Taloja prison, which was not equipped to cater to his medical problems, his health would certainly deteriorate and he might die.

    Thus, he sought that his medical bail be extended for another six months.

    “All medical parameters of the applicant go to show that if he is sent back to judicial custody, it will not be long before his condition reverts back to what it was,” Rao’s plea read.

    Rao also said in his plea that he found living in Mumbai and accessing health facilities here unaffordable, and urged the HC to let him stay in Hyderabad while out in bail.

    The case relates to alleged inflammatory speeches delivered at the ‘Elgar Parishad’ conclave, held at Shaniwarwada in Pune on December 31, 2017, which, the police claimed, triggered violence the next day near the Koregaon-Bhima war memorial located on the city’s outskirts.

    The Pune police had claimed the conclave was backed by Maoists.

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  • Elgar Parishad case: No NIA action till HC hears Varavara Rao’s medical bail extension plea on September 6

    By PTI

    MUMBAI:The National Investigation Agency (NIA) on Friday told the Bombay High Court in an oral statement that it will not take any coercive action against poet-activist Varavara Rao till September 6 when his plea for medical bail extension will be heard.

    Rao, an accused in the Elgar Parishad-Maoist links case and currently on interim medical bail granted by HC in February this year, is supposed to surrender before the Taloja prison authorities on September 5.

    Rao’s counsel, senior advocate Anand Grover, sought an extension of bail before a bench of Justices SS Shinde and NJ Jamadar on Friday.

    However, due to paucity of time, the matter could not be heard.

    HC said it will hear Rao’s plea on September 6.

    Grover then urged HC to ensure no coercive action was taken against Rao until then.

    Additional Solicitor General Anil Singh, who appeared for NIA, in an oral statement said,”We will not take any coercive action until the next hearing.”

    On February 22 this year, a bench of Justices SS Shinde and Manish Pitale had granted Rao (82) interim medical bail on “humanitarian grounds.”

    At the time, Rao, suffering from multiple ailments, was undergoing treatment at Nanavati hospital in Mumbai after being shifted out of Taloja jail following the court’s intervention.

    At the time, the HC had said if it did not grant Rao medical bail, it would be abdicating its duty to protect the principles of human rights, and a citizen’s fundamental rights to life and health.

    The bench had imposed stringent bail conditions, including a direction to Rao to stay within the jurisdiction of the Mumbai NIA court for the period he was out on bail, as well as forbidding him from establishing any contact with his co-accused in the case.

  • NIA gets 2 weeks to reply on pleas of Bharadwaj, Navlakha seeking clone copies of all seized devices

    By PTI

    MUMBAI: The Bombay High Court on Friday granted two weeks’ time to the National Investigation Agency (NIA) to file its reply on the petitions of activists Sudha Bharadwaj and Gautam Navlakha, both accused in the Elgar Parishad-Maoist links case, seeking clone copies of all the electronic devices seized from them by the central agency.

    Bharadwaj and Navlakha had approached the high court last month seeking such copies.

    On August 20, the high court had directed the NIA to file its reply over it.

    On Friday, however, Additional Solicitor General Anil Singh told a bench of Justices S S Shinde and N J Jamadar that the NIA’s reply was “almost ready” and sought an additional two weeks’ time to file it.

    The bench granted the central agency additional time after Singh said that it will continue with its oral statement made on the last date that charges in the Elgar Parishad-Maoists links case will not be framed before the special NIA court in the city until the next date before the high court on the above pleas.

    Last month, the NIA had submitted draft charges before the special court and the latter had scheduled the matter for framing of charges on August 23.

    Bharadwaj, Navlakha and some other co-accused in the case had sought clone copies of the electronic devices before framing of charges.

    The accused had at the time urged the special court to defer the framing of charges till their applications for clone copies are disposed of.

    After the special court refused to defer the framing of charges, Bharadwaj and Navlakha approached the high court.

    On Friday, their counsel, senior advocate Yug Chaudhry, told the bench that there existed some confusion on which electronic devices had been seized by the NIA from the accused and which copies should be handed over to them.

    He said the NIA must clarify the same in its reply.

    Singh, however, said the central agency would follow its own discretion in filing the reply and not the suggestion made by the petitioners.

    The high court accepted Singh’s statement on deferring the framing of charges in the case until the next date of hearing on the pleas.

    It said it would hear the pleas further on September 24.

  • Will get activist Navlakha medically examined, says Maharashtra government; HC seeks NIA’s reply on his plea for house arrest

    By PTI

    MUMBAI: The Maharashtra government told the Bombay High Court on Thursday that it will take jailed activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case case, for a medical check-up to the Tata Memorial Hospital in neighbouring Navi Mumbai on Friday.

    The state’s counsel, public prosecutor Sangeeta Shinde, made the statement before a bench of Justices S S Shinde and N J Jamadar after Navlakha moved the HC earlier in the day, seeking directions to authorities of the Navi Mumbai-based Taloja prison, where he is currently lodged, to get him examined for a lump developed in his chest in March this year while in prison.

    In his plea, Navlakha, 69, also sought that he be placed under house arrest as part of his judicial custody, owing to his advanced age and a host medical ailments that he suffers from.

    Navlakha cited the Supreme Court’s order issued in May this year, whereby the apex court had dismissed his default bail plea, but found merit in treating house arrest as an alternative form of detention, especially for such undertrials who are aged or suffering from serious medical ailments.

    In his plea, Navlakha also said that with 15 people accused in the case, the charge sheet spanning over 30,000 pages and over 150 witnesses to be examined, to continue to subject him to incarceration till the completion of the trial would be extremely “unjust, harsh, and cruel”.

    The activist said he had always cooperated with the probe into the case and that he was a fit candidate for house arrest.

    Navlakha’s counsels Yug Chaudhry and Payoshi Roy also told the HC that they had already written to the Taloja prison authorities seeking a medical check up for the lump in his chest, but were yet to hear anything from them.

    They told the HC that Navlakha also suffered from hypertension that he developed while in prison, and several other ailments.

    The activist in his plea claimed the Taloja prison was grossly inept at treating serious medical ailments suffered by inmates.

    He also claimed the Taloja prison staff had been callous towards the health and other needs of inmates in the past.

    The Taloja prison authorities had repeatedly acted in a “callous manner in the past, endangering the lives of the inmates, including the petitioner’s co-accused in the case,” Navlakha said in the plea.

    “Because of the negligence and stubborn refusal of officials of the Taloja prison, the ailments and medical concerns of inmates go undiagnosed and untreated for long periods of time,”, the plea said.

    Navlakha’s counsel Chaudhry urged the HC to allow the activist to be examined at the Mumbai-based Jaslok Hospital, a private medical facility, where his sister was an employee.

    Chaudhry said all expenses of the examination at the private hospital will be borne by Navlakha and his family.

    His request, however, was opposed by Additional Solicitor General Anil Singh, who appeared for the National Investigation Agency (NIA), which is conducting a probe into the Elgar Parishad-Maoist links case.

    Singh said that accused persons must not insist on going to a hospital of their choice and suggested that Navlakha be taken by the prison authorities to a state-run hospital.

    The state government then proposed to take Navlakha to the Tata Memorial Hospital at Kharghar in Navi Mumbai, which is closer to the Taloja prison.

    While Chaudhry said the NIA was being “vindictive”, the HC pointed out that Navlakha had not made a special pleading in the petition for getting examined at the Jaslok Hospital.

    The bench gave Chaudhry the option of filing an additional application, seeking that Navlakha be taken to the Jaslok Hospital.

    Chaudhry however, said he did not wish to waste any time and agreed to the state’s proposition of taking Navlakha to the Tata Memorial Hospital.

    “When your client tells you there is a lump which could possibly be cancer, you don’t want such delays,” Chaudhry told the high court.

    The bench then recorded public prosecutor Sangeeta Shinde’s statement that Navlakha will be taken for a medical examination on Friday.

    The HC also asked the NIA to file a reply to Navlakha’s prayer for house arrest and posted the matter for further hearing on September 27.

    Navlakha was arrested by Pune police from Delhi on August 28, 2018 in the Elgar Parishad-Maoist links case.

    He was initially kept under house arrest, but subsequently sent in judicial custody.

    As per Navlakha’s plea, he has spent one year and three months in prison in connection with the case.

    The case relates to the Elgar Parishad conclave held in Maharashtr’s Pune district on December 31, 2017.

    The Pune police had claimed that the event was backed by Maoists, and provocative speeches made there led to caste violence near the Bhima-Koregaon war memorial in the district the next day.

  • NIA draft charges claim Elgar Parishad case accused wanted to wage war against nation 

    By Express News Service

    MUMBAI: The National Investigation Agency (NIA) on Monday filed its charge-sheet against 22 persons, accused of inciting violence during the Bhima Koregaon event in 2018, including waging war against the country, but did not mention that the accused either planned or even had any links to the controversy related to “assassinate Prime Minister Narendra Modi”.

    The NIA charge sheet accused mentioned father Stan Swamy, who died in July this year, Jyoti Raghoba Jagtap, Sagar Tatyaram Gorkhe, Ramesh Murlidhar Gaichor, Sudhir Dhawale, Surendra Gadling, Mahesh Raut, Shoma Sen, Rona Wilson, Arun Ferreira, Sudha Bharadwaj, Varavara Rao, Vernon Gonsalves, Anand Teltumbde, Gautam Navlakha and Hany Babu. Besides, six people were absconding.

    The NIA charge sheet included 17 draft charges against 22 people, accused of threatening India’s sovereignty, integrity and security by conspiring against “government or civil authorities/public functionaries, besides including the charge of waging a war against the country, which is punishable with death.

    Interestingly, the draft charges did not mention a plot to assassinate Prime Minister Narendra Modi, as claimed in 2018 by the Pune police, but mention “cause the death of a public functionary”.

    The agency said the accused were members of the banned CPI (Maoist) and its front organisations whose main objective is to establish “Janta Sarkar” or ‘people’s Government’ via revolution supported by a commitment to protracted armed struggle to undermine and to seize power from the state.

    It said the accused “abetted and assisted” unlawful activities to threaten the unity of the country strike terror in the people, using explosive substances, transporting sophisticated weapons like Chinese QLZ 87 Automatic Grenade Launcher and Russian GM-94 Grenade Launcher… likely to cause death or injuries to any person and was an attempt to do or cause the death of public functionary.

    Students of various universities, including Delhi’s JNU as well as Tata Institute of Social Sciences (TISS) were recruited to carry out terror activities, it added.

    The NIA said the accused conspired to demand and organise Rs 8 crore for the weapons, the draft charges added. NIA alleged that pursuant to the conspiracy, the Elgar Parishad event was organised by Kabir Kala Manch a ‘front’ organisation of CPI(M) on December 31, 2017, in Pune, that led to the caste violence at Bhima Koregaon the following day that resulted in death of one person.

  • Elgar Parishad case: Accused Hany Babu to be back in jail from hospital on Aug 18

    By PTI

    MUMBAI: Delhi University associate professor Hany Babu, an accused in the Elgar Parishad-Maoist links case who is undergoing treatment at a private hospital here since May, will be discharged and sent back to the Taloja prison on Wednesday, the Maharashtra government told the Bombay High Court on Tuesday.

    A bench of Justices SS Shinde and NJ Jamadar took on record Babu’s medical report submitted by the Breach Candy Hospital in Mumbai, and accepted the state government’s submission that he will be “transferred back to the Taloja prison on Wednesday.”

    Babu’s counsels, senior advocate Yug Chaudhry, and advocate Payoshi Roy, told the HC that as per the private hospital, Babu was fit to be discharged.

    Roy said as per the hospital, the professor is ready for discharge, but there is still some swelling in his eye and he should be taken for regular follow-ups to the medical centre in south Mumbai.

    Babu was sent to the private hospital in May this year following an order of the high court.

    At the hospital, he had been undergoing treatment for an eye infection that he had developed while in the Taloja prison.

    He had also tested positive for COVID19 while at the prison in Navi Mumbai.

    Following a plea filed by Babu’s wife Jenny Rowena, seeking immediate medical aid for the academic, the HC had directed that he be treated at the private hospital and the medical bills be borne by him and his family.

    On Tuesday, the bench led by Justice Shinde directed that after Babu was back in prison he must be provided with medical care whenever required.

    Justice Shinde said that the academician must be taken to state- run JJ Hospital in the city for follow-up check-ups for his eye, and if required, he be taken to the Breach Candy Hospital as well.

    The Maharashtra government’s chief public prosecutor, Aruna Pai, told the HC that if Babu is taken to the private hospital for consultations in the future, he must bear the medical cost himself.

    The HC, however, said such medical consultation costs must be borne by the state authorities.

    “Supposing some treatment is not available (at JJ Hospital), you (prison authorities) can take him to Breach Candy for consultation,” the bench said.

    “Article 21 of the Constitution (dealing with protection of life and personal liberty) applies to all equally. There are various judgements (of the Supreme Court) that say treatment (of undertrials) is the state’s responsibility,” it said.

    “Only thing is, he (Babu) should get timely treatment,” the HC observed.

    The case relates to alleged inflammatory speeches made at a conclave, Elgar Parishad, held in Pune on December 31, 2017, which the police claimed, triggered violence the next day near the Koregaon-Bhima war memorial on the city’s outskirts.

    The Pune Police claimed the conclave was backed by Maoists.

    Later, the case was taken over by the NIA.

    Several activists have been arrested in the case.

  • Elgar Parishad case: NIA submits draft charges against 15 accused in court

    By PTI

    MUMBAI: The National Investigation Agency (NIA) on Monday submitted before a special court here draft charges under stringent Unlawful Activities Prevention Act and the IPC against 15 accused in the Elgar Parishad-Maoist links case of 2018.

    The special court will consider the draft charges on August 23 and then frame charges against the accused, who included several activists.

    Framing of charges is the first step before trial commences in a case where the prosecution describes the charges against the accused along with the evidence to be relied upon.

    After framing of charges, the court will ask the accused whether they plead guilty or not in that case.

    The draft charges submitted on Monday lay down 17 charges against the accused and they have been sought to be charged under various sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).

    The accused persons’ lawyers on Monday requested the court to hear and dispose of several applications filed by the accused before framing charges against them.

    Special NIA Judge D E Kothalikar then asked NIA to file their reply affidavits to all the applications and said arguments shall be heard on them on the next date.

    The arrested accused in the case include several activists including Sudha Bharadwaj, Vernon Gonsalves, Varavara Rao, Hany Babu, Anand Teltumbde, Shoma Sen, Gautam Navlakha and others.

    The Elgar Parishad case is related to inflammatory speeches made at a conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located in the district in western Maharashtra.

    The prosecution claimed the conclave was organised by people with alleged Maoist links.

    The activists are accused of being active members of the CPI (Maoist) and propagating Maoist ideology and inciting violence.

  • Elgar Parishad case: Pune court’s move causes no prejudice to accused, NIA tells Bombay HC

    By PTI
    MUMBAI: The National Investigation Agency (NIA) told the Bombay High Court on Monday that in taking cognizance of the charge sheet against lawyer Sudha Bharadwaj and some others in the Elgar Parishad case in 2018, the sessions court in Pune did not cause any prejudice to the rights of the accused.

    Additional Solicitor General Anil Singh, who appeared for the NIA, told HC the NIA took over the case only in January, 2020, and, hence, there was nothing wrong in a sessions court and not a special court taking cognizance of the charge sheet filed by Pune police and remanding Bharadwaj and others to custody.

    Singh made the submissions before a bench of Justices SS Shinde and NJ Jamadar, which is hearing a plea filed by Bharadwaj seeking default bail.

    Bharadwaj, through senior advocate Yug Chaudhry, said in her plea that KD Vadane, the judge who remanded her to custody following her physical arrest in 2018 and who had taken cognizance of the charge sheet filed by Pune police in the case, had pretended to be a designated special judge.

    Chaudhry had earlier told HC that as per Code of Criminal Procedure (CrPC), offences under UAPA were scheduled offences, and while the state police was permitted to continue probing the case so long as the NIA does not take over, cognizance of such a case can be taken only by a special court.

    On Monday, however, ASG Singh said, “Taking cognizance is irrespective of the default bail application. Even if UAPA is applicable, there is a difference in trial and pre-trial stage of a case.

    Till the case stands transferred to the special court, the power remains with the sessions court (to preside over it). In all this, there is no pleading that prejudice is caused to them. On these grounds, the petition need not be entertained.”

    During previous hearings, the NIA and the Maharashtra government have opposed Bharadwaj’s bail plea and urged HC to not grant her any relief.

    The HC ill continue hearing the plea on August 4.

  • 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.