The Supreme Court on Friday dismissed National Investigation Agency’s (NIA) petition against the bail granted to Anand Teltumbde in the case related to alleged inflammatory speeches made at Elgar Parishad conclave in Pune’s Bhima-Koregaon on December 31, 2017. Police claimed the speeches triggered violence the next day near a war memorial and left one person dead
“We are not inclined to entertain this petition,” observed a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud.
The bench rejected the agency’s plea to set aside the Bombay high court bail order on November 18. It said the high court’s observations will not have any bearing on the trial and that they will confine to the purpose of granting bail.
The high court stayed its bail order for a week so that the NIA could approach the Supreme Court. Teltumbde, who is currently in jail, will now be released following the apex court’s rejection of NIA’s appeal.
Appearing for NIA, additional solicitor general Aishwarya Bhati tried to persuade the bench, which also comprised justice Hima Kohli, that the agency recovered incriminating material from Teltumbde and the co-accused.
The material, Bhati added, suggested Teltumbde was involved in Maoist activities and was an active member of a proscribed organisation involved in propagation of ideology, funding and preparation of violent attacks on the citizens, especially personnel of security forces.
{{/usCountry}}The material, Bhati added, suggested Teltumbde was involved in Maoist activities and was an active member of a proscribed organisation involved in propagation of ideology, funding and preparation of violent attacks on the citizens, especially personnel of security forces.
{{/usCountry}}Senior advocate Kapil Sibal, representing Teltumbde, countered NIA’s accusations, pointing out the material being upon relied was not recovered from his client. He added his client was an academic and the agency does not have a single document to show that Teltumbde attended the event at Pune, where inflammatory speeches have been said to have been made.
Teltumbde was arrested in April 2020 over alleged links with Maoists. The 73-year-old is facing charges under the stringent Unlawful Activities (Prevention) Act (UAPA) and is lodged in Taloja prison in Navi Mumbai.
Teltumbde is the third accused in the case to be granted bail by the high court after co-accused Varavara Rao and Sudha Bharadwaj. Rao was granted bail on medical grounds. Bharadwaj was given default bail.
Teltumbde is the first accused in the case to get bail on merits after the high court noted that NIA could not adduce evidence to show that he indulged into a terrorist act under UAPA.
“The seizure of the incriminating material, does not in any manner prima facie lead to draw an inference that appellant has committed or indulged in a ‘terrorist act’ as contemplated under Section 15 of the UAPA,” the high court said in its order.