SC adjourns hearing on bail plea of Bhima Koregaon case accused Jyoti Jagtap
The NIA is probing the Bhima Koregaon violence case, which took place on January 1, 2018, in which one person was killed
New Delhi: The Supreme Court on Thursday adjourned hearing on the bail plea of Bhima Koregaon accused Jyoti Jagtap upon request by the National Investigation Agency (NIA) to have the matter heard with another pending bail plea pertaining to co-accused Mahesh Raut.
The NIA is probing the Bhima Koregaon violence case, which took place on January 1, 2018, in which one person was killed. The case relates to alleged provocations at a conference that allegedly triggered unrest near the Koregaon-Bhima war memorial in Pune.
A bench headed by justice MM Sundresh and Aravind Kumar, hearing the regular bail plea denied by the Bombay high court to Jagtap, directed the registry of the Supreme Court to take instructions from the Chief Justice of India (CJI) for listing both cases together.
The court was informed that NIA’s appeal challenging the bail granted to Raut is pending before another bench and was last heard in January by a bench headed by justice Bela M Trivedi.
Raut was granted bail in September last year, but due to a stay on the order, extended from time to time by the top court, he has remained in jail till date.
Taking up Jagtap’s plea, the bench said, “A common order should be there, and then we will hear. We will have to decide one way or the other. However, we are not inclined to grant interim bail.”
Senior advocates Mihir Desai and Aparna Bhatt, appearing for Jagtap, pointed out that in all, 16 people were arrested in connection with the violence. While one of the accused has since died, seven others have been released on bail, and the remaining have filed bail pleas, some of which are pending before the top court.
Desai argued that Jagtap was part of Kabir Kala Manch and was accused of instigating the Bhima Koregaon violence, to which the NIA said that the same arguments will arise while considering appeal against Raut.
Additional solicitor general (ASG) KM Nataraj appearing for NIA said, “These matters must be taken up together or else a decision in one case will have bearing on the other.”
Desai argued that in such a case, Jagtap’s plea hearing will be delayed as she has remained in jail since her arrest in September 2020. The bench permitted Desai to make a mention before the CJI for an early listing of the case.
Jagtap’s bail plea was rejected by the Bombay high court in October 2022, and notice on her bail plea was issued by the top court in August 2023. Jagtap had previously argued that the NIA made her an accused based on statements of other accused who alleged that Kabir Kala Manch (KKM), an organisation to which Jagtap was related, was a front organization of the Communist Party of India (Maoist).
NIA further alleged that the KKM organised Elgar Parishad in Pune one day prior to the incident, where provocative speeches were made that led to the violence.