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Segregate trial against 15 arrested in Bhima Koregaon case, Supreme Court to NIA
The Supreme Court’s direction was issued after lawyer-activist Vernon Gonsalves requested bail in the 2018 Bhima Koregaon case, complaining that he was arrested in 2018 and the trial was yet to begin
NEW DELHI: The Supreme Court on Thursday asked the National Investigation Agency to approach the special court to segregate the trial against the 15 accused arrested in the Bhima Koregaon case from that of the accused who are still missing so that the trial can begin for the case relating to violence near the Koregaon Bhima war memorial in 2018.
The bench also directed the trial court to consider whether charges were required to be framed against the accused. “As some accused have preferred discharge applications, same be also heard simultaneously. Let the entire exercise be undertaken in three months,” the bench of justices UU Lalit and S Ravindra Bhat said.
The top court’s direction came in course of a hearing on a bail plea by one of the accused, Vernon Gonsalves, who sought bail on the ground that he was in jail since August 28, 2018 and the trial was yet to even begin. Gonsalves also underlined that some other accused have already been released on bail.
The court noted that his case was different from the other accused as he already stood convicted in a 2011 case under the Unlawful Activities Prevention Act (UAPA).
The bench told Gonsalves to wait for three months by when the trial court was directed to decide whether charges are to be framed against the petitioner.
“The respondent (NIA) shall take appropriate steps either to get the trial segregated against the arrested accused and/or pray for a declaration under Section 82 of Code of Criminal Procedure (CrPC).” Section 82 gives the power to the trial court to issue an absconding person as a “proclaimed offender”.
On August 10, the top court granted permanent medical bail to 82-year-old P Varavara Rao, another accused in the same case.
The bench said, “In normal circumstances, we give the benefit of doubt to first-time offenders. In your case, you have been convicted under UAPA. That means you are part of a banned organization. This finding is not by the police but by a judicial authority.”
“You are not strictly an innocent person. So, you cannot be counted with someone who can be given the benefit of doubt.”
Lawyer Vernon Gonsalves is among the activists, lawyers, poets and scholars arrested by NIA in connection with alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017. This, the police claimed, triggered violence the next day near the Koregaon Bhima war memorial located on the outskirts of the western Maharashtra city, leading to the death of one person and injuries to several others. NIA claims the accused have Maoist links and indulged in anti-national activities.
The bench’s direction on segregation of trial came after additional solicitor general (ASG) SV Raju appearing for the investigating agency NIA said the 15 accused were arrested following evidence that pointed to their links with CPI (Maoist). One of the accused, tribal rights activist Father Stan Swamy, 84, also named in the same case, died in judicial custody in Mumbai on July 5 last year.
Raju said the trial could not begin against the accused as four persons were still absconding and the arrested accused had filed several applications for being discharged from the case. On the court’s direction to get the accused yet to arrested declared as proclaimed offenders, Raju said he had advised the public prosecutor to initiate the process and segregate trial against the 15 accused.
He opposed Vernon Gonsalves’s bail plea, alleging that he was continuing with his activities despite being convicted by a Nagpur court in 2011 for being a member of an unlawful association and aiding an unlawful activity), and was sentenced to three years and five years rigorous imprisonment.
Senior advocate Rebecca John appearing for Vernon said the material recovered from him did not spell out any role against him or implicate him in any manner under UAPA. “NIA is contemplating to segregate trial to see the trial is not affected. In case they don’t, we will take up your bail plea after three months.”
