Anand Teltumbde moves HC for discharge from Elgar Parishad case

MUMBAI: Dr Anand Teltumbde has approached the Bombay High Court, challenging the order of the special NIA court, which has rejected his application seeking discharge from the Elgar Parishad-Bhima Koregaon violence case.

The case relates to violence that broke out at a conclave in Bhima Koregaon village in Pune on January 1, 2018, a day after the ‘Elgar Parishad’ conclave was held to commemorate the 200th anniversary of the Bhima Koregaon battle. Police alleged that the conclave had been organised by Maoist groups. One person died in the violence and several were injured. Several anti-caste activists, intellectuals and scholars were arrested, and the National Investigative Agency (NIA) was given charge of the investigation.

Teltumbde, a Dalit rights activist, scholar and professor, was named as an accused by the police in August 2018, after a search of his residence at the Goa Institute of Management. After the NIA took over the investigation in January 2020, Teltumbde surrendered in April 2020, after failing to get the First Information Report (FIR) against him quashed and failing to secure anticipatory bail. Teltumbde was later granted bail by the Bombay High Court in November 2022.

Teltumbde’s plea stated that the special judge of the NIA court, while rejecting his discharge application, had failed to appreciate the observations made by the Bombay High Court while granting him bail. The high court, after studying details of the investigation, had observed that the prima facie case against Teltumbde did not inspire any confidence. Teltumbde’s plea also pointed to “glaring discrepancies” in the order rejecting his discharge and the investigation carried out against him.

Teltumbde had sought discharge on grounds that he had been falsely implicated in the crime and that the chargesheet contained no evidence to justify him being charged 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 the CPI (Maoist). The applicant is critical of Maoist ideology. The allegations regarding participation in criminal conspiracy are misplaced against the accused. There is no meeting of mind between the applicant and the co-accused. The charge of conspiracy has been levelled based on mere presumption,” his advocate had stated. He added that while granting Teltumbde bail, the high court had observed that based on material placed by the NIA, it cannot be concluded that the applicant had indulged in any terrorist act.

However, Special NIA judge Rajesh J Katariya had rejected Teltumbde’s discharge application in May 2024, observing that the material placed on record revealed the 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 had said while rejecting the discharge application. He added that the application was devoid of merit.

A bench of Justice Sarang Kotwal and Justice Shriram Modak on Thursday recused themselves from hearing the matter as Justice Kotwal had earlier decided three bail applications in the same case. He cited judicial propriety while recusing himself from the appeal. Teltumbde’s appeal will now be placed before an alternative bench for hearing.