NIA court rejects Anand Teltumbde’s discharge plea

Special judge Rajesh J Katariya rejected the plea, observing that the material placed on record revealed involvement of Teltumbde in the conspiracy and further disclosed grave suspicion

MUMBAI: The special National Investigation Agency (NIA) court on Friday rejected the application filed by civil rights activist Anand Teltumbde for discharge from the Bhima Koregaon conspiracy case.

Anand Teltumbde was released from Taloja jail in November 2022 after being granted bail (HT PHOTO)

Special judge Rajesh J Katariya rejected the plea, observing that the material placed on record revealed involvement of Teltumbde in the conspiracy and further disclosed grave suspicion.

“Whether or not those allegations are true is a matter which cannot be determined at the stage of framing of charges. Any such determination can take place only at the conclusion of trial,” the special judge said while rejecting the discharge application, saying it was devoid of merit.

The NIA claims that the Elgar Parishad, a public meeting held in Pune on December 31, 2017, to mark 200 years of the battle of Bhima Koregaon, was funded by the banned CPI (Maoist) and was part of a conspiracy to create unrest. Inciteful speeches and songs were delivered at the meeting that day, leading to violence near the Bhima Koregaon war memorial the next day, claim police.

Teltumbde had sought discharge from the case on the grounds that he was falsely implicated and that no evidence was cited in the charge sheet to prove his culpability under the Unlawful Activates (Prevention) Act, 1967.

“The investigating agency has not produced any material to show that the applicant (Teltumbde) is a member of CPI (Maoist). The applicant is critical of Maoist ideology. The allegations against the accused regarding participation in criminal conspiracy are misplaced. There is no meeting of minds between the applicant and the co-accused. The charge of the conspiracy has been leveled based on mere presumption,” the advocate stated, adding that while granting Teltumbde bail, the high court had observed that his participation in any terrorist act could not be concluded based on the material placed on record by NIA.

The prosecution opposed the application contending that Teltumbde was an invitee to the programme, was involved with its preparations and had received ₹90,000 from the co-accused, making him a part of the conspiracy. The prosecution also claimed that Teltumbde was a senior member of CPI (Maoist) who worked in urban areas and used to attend international conferences to further activities of the party under the guise of academic visits to Canada, Pakistan, United States and France.

The prosecution also submitted that the group which organised Elgar Parishad supported the separatist movement in Kashmir and the north-east and used the word “enemy” for the Indian government. “They raise funds for unlawful activities by levying taxes on tendu leaves, bamboo and road construction and in order to keep their identity secret, they use different alias names,” the prosecution said.