Bhima Koregaon violence is a deep rooted conspiracy, says Bombay High Court
The court observed that Pune police have enough material to go ahead in the case and the investigating agency must be allowed to have sufficient opportunity to collect evidencepune Updated: Dec 26, 2018 20:25 IST
The Bombay High Court (HC) in its order has termed Elgar Parishad and Bhima Koregaon as “deep-rooted conspiracy” with “extremely serious repercussions. The division bench comprising of Justice Sarang Kotwal and Justice BP Dharmadhikari made the observations in its order, a copy of which was made available on HC website on Monday, while dismissing a petition filed by Anand Teltumbde, one of the activist accused in the case seeking to quash FIR against him.
The court observed that Pune police have enough material to go ahead in the case and the investigating agency must be allowed to have sufficient opportunity to collect evidence. The order has come as a relief to Pune police especially after allegations of politicizing the case were levelled by civil rights activists. Joint Commissioner ( Law and Order ) Shivaji Bodke said “ We welcome the court order. The court has given three weeks time to Teltumbde. We will take steps accordingly,” he said.
The court stated “ Considering the rival submissions and the material produced before us, we are of the opinion that this is not the case where there is no incrimating material against the petitioner. It is not possible to record a finding that implicating the petitioner as one of the accused is malafide exercise of powers on the part of investigating agency. The offence is serious and the conspiracy is deep rooted and has extremely serious repercussions ,” it stated. The division bench further said “ We do not find that is the case which required our interference at this stage. With the result, the present criminal writ petition is dismissed ,” it stated.
Teltumbde had filed the writ petition for quashing and setting aside the proceedings in connection with the FIR lodged at Vishrambaug Police Station on Jan 8 in Pune and prayed for directions to the investigating agency not take coercive action against him in respect of the FIR lodged by builder Tushar Damgude.
Damgude had in his FIR had stated that the speakers, comperes , singers and other performers on stage during Elgar Parishad held at Shaniwar Wada on December 31 had delivered provocative short plays, dances and songs which had an effect of creating communal disharmony. He further stated that a few objectionable books and literature were kept at the venue for sale and contended that the banned CPI ( Maoist) had incited the violence. Damgude stated “ member of Kabir Kala Manch spread such hatred through their songs, plays and speeches causing enmities between two communities. As a result, there was an incident of violence,arson and stone pelting near Bhima Koregaon causing loss of life and public.
Teltumbde’s defence lawyer Mihir Desai submitted that the source of the letter shown by Pune Police was doubtful and the said material was hardly incriminating showing connection of Teltumbde with the banned organization.
First Published: Dec 26, 2018 15:22 IST