While the National Investigation Agency (NIA) sought a stay on the operation of the bail order so as to appeal before the Supreme Court, the HC refused the request, stating that Babu has been in jail for over five years.
Prolonged incarceration without trial amounts to infringement of the right to life under the Constitution, the Bombay high court said while urging a special court to expedite the trial in the 2018 Elgar Parishad-Maoist links case.
The foundation of the Bhima Koregaon case was blown to bits by a senior policeman, reports Jyoti Punwani.
Teltumbde is the third of the 16 accused arrested in the case to be released on bail.
The Supreme Court on Tuesday granted bail to activist Gautam Navlakha in the Elgar Parishad-Maoist links case.
The Bombay High Court has granted bail to researcher Rona Wilson and activist Sudhir Dhawale, arrested in the Elgar Parishad-Maoist links case. The court noted that they had been in jail since 2018 and the trial was yet to start. The court said the two had spent more than six years in jail as under-trial prisoners. The NIA, the prosecution agency, did not seek a stay to the HC order. Eight other activists have been granted bail in the case, which pertains to provocative speeches allegedly delivered at the Elgar Parishad conclave held in Pune on December 31, 2017.
This is Navlakha's second round of appeal in the high court seeking regular bail.
Swamy, a Jesuit priest and activist, was arrested from Ranchi in October, 2020, and has since been lodged at the Taloja Central Jail in Navi Mumbai.
The case relates to Elgar Parishad, a conclave held in Pune on December 31, 2017. Pune Police had alleged that it had been backed by Maoists, and provocative speeches made there led to caste violence near Bhima-Koregaon war memorial the next day.
The larger conspiracy of Communist Party of India-Maoists was to overthrow the democratic system in the country, and the accused were working in that direction, the chargesheet claimed.
Supreme Court Justice M M Sundresh recused himself from hearing the bail plea of advocate Surendra Gadling, an accused in the Elgar Parishad-Maoist links case. The case has been adjourned multiple times.
A special court in Mumbai has denied bail to three persons accused in the Elgar Parishad-Maoist links case, saying that the material on record suggests that the trio, along with other members of the CPI-Maoist, a banned organisation, hatched a "serious conspiracy" to create unrest in the country and to overthrow the Modi government.
A government lawyer told the Bombay high court on Friday that though prison inmates can talk to their relatives or lawyers on phone, she was not sure if the facility could be granted to activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case.
Poet-activist Varavara Rao, 81, is the only accused in the case to have secured an interim bail. The Bombay high court had in February this year granted Rao conditional bail for six months considering his medical condition. Rao had been in jail since his arrest in August 2018.
The HC had in its order last week said Bharadwaj was entitled to bail and its denial would be in breach of her fundamental right to life and personal liberty, guaranteed under Article 21 of the Constitution.
Talking to reporters in Kolhapur, Pawar said it was not right on the part of the Centre to hand over the probe into the case, which was with the Pune police, to the NIA as law and order was a state subject. NCP leader and Home Minister Anil Deshmukh said Uddhav Thackeray had overruled him on the probe in the case.
Navlakha approached the HC last year, challenging the special NIA court's order of July 12, 2020 that rejected his plea for statutory bail.
She has been in custody as an undertrial since her arrest in 2018.
The Bombay High Court on Friday adjourned till October 13 the hearing on a bail extension plea filed by poet-activist Varavara Rao, an accused in the Elgar Parishad case, and said he need not surrender before Taloja jail authorities till October 14.
The court has also said it does not find the accusations against Teltumbde to be 'inherently improbable' or 'wholly unbelievable', and prima facie he was involved in furthering activities of a banned organisation.
Use of social media or the Internet by Navlakha could prove to be dangerous, NIA counsel, additional solicitor general Anil Singh, said while opposing the septuagenarian activist's plea that he be kept under house arrest.
Researcher Rona Wilson and activist Sudhir Dhawale, accused in the Elgar Parishad-Maoist links case, were released on bail from a Navi Mumbai prison on Friday, more than six years after they were arrested. The duo walked out of the Taloja jail after completing bail formalities before the special NIA court, over a fortnight after they were granted bail by the Bombay High Court. The HC granted bail to Wilson and Dhawale on January 8, noting they had been in jail since 2018 and the trial in the case, in which anti-terror act UAPA has been invoked, was yet to start. Apart from Dhawale and Wilson, 14 other activists and academicians were arrested in the case. Eight of them have been granted bail till now, with one, Mahesh Raut, still in jail as the appeal filed by the National Investigation Agency (NIA) against his bail is pending before the Supreme Court. Jesuit priest and activist Stan Swamy, one of the accused, died in 2021 while lodged in judicial custody. The case pertains to provocative speeches allegedly delivered at the Elgar Parishad conclave held in Pune on December 31, 2017, triggering violence at Koregaon-Bhima, a village outside Pune city, the next day. The Pune police had claimed the conclave was backed by Maoists. The NIA later took over the probe.
With all the evasions, one assertion made by the Pune (Rural) police stood out: They had found no connection of the Elgar Parishad with the violent incidents of January 1, 2018. Yet, the case against the 'Bhima Koregaon 16', which is based on exactly this alleged connection, continues, and seven of the accused continue to be behind bars under the UAPA, explains Jyoti Punwani.
The case pertains to the Elgar Parishad conclave held in Pune on December 31, 2017, which according to the Pune police was funded by Maoists.
Justice Sadhana Jadhav of the Bombay high court has recused herself from hearing a bunch of petitions about the Elgar Parishad-Maoist links case, the third judge of the HC to do so this year.
The Bombay high court on Thursday granted bail to activist Mahesh Raut, arrested in the Elgar Parishad Maoist links case.
The Bombay high court on Friday granted temporary bail of four days to former Delhi University professor Hany Babu, an accused in the Elgar Parishad-Maoist links case, to undergo cataract surgery and a medical check-up at a city-based hospital.
A special NIA court here on Wednesday denied interim bail to activist Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case, to visit his nonagenarian mother in wake of the death of his brother Milind Teltumbde, a top Naxal leader, in an encounter with security forces last month.
Activists Vernon Gonsalves and Arun Ferreira, accused in the Elgar Parishad-Maoist links case, are likely to walk out of jail only next week after securing bail from the Supreme Court on Friday as certain formalities are to be completed before they are released, defence lawyers said in Mumbai.
He was to surrender on September 5, but filed a plea seeking an extension of the bail and later filed another application seeking permanent bail on the ground of ill-health.
For four days, the officer avoided giving any straight answers, becoming the first witness in the 48 witnesses that have appeared so far, to have achieved this feat.
The special court judge D E Kothalikar has asked the national probe agency to file its reply on the matter on November 26.
In a statement, they said it was 'unconscionable' that someone as old as Swamy and who was suffering poor health was put in jail amid a pandemic.
Activist Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case, on Thursday moved a discharge application before the special NIA court in Mumbai, claiming that the probe agency has not produced any material to show that he is a member of CPI-Maoist or his alleged role in the case.
The apex court on July 28 granted bail to the two accused, noting that the actual involvement of Gonsalves and Ferreira in any terrorist act has not surfaced from any third-party communications.
Eight activists accused in the Elgar Parishad-Maoist links case, who were denied default bail by the Bombay High Court earlier this month, told the HC on Thursday that they will file review petitions against the order which was based on a "factual error".
They also demanded action against officials of the National Investigation Agency (NIA), which is conducting a probe into the Elgar Parishad case, and former superintendent of the Taloja jail.
Activist Gautam Navlakha, arrested in the Elgar Parishad-Maoist links case, has been shifted to the 'Anda Circle' (high-security barracks) in the Taloja jail in Navi Mumbai, his partner Sahba Husain said on Sunday and claimed the 70-year-old's already fragile health has deteriorated further due to shifting.
The accused persons held training camps at various regions to recruit cadres at all levels for commission of terrorist activities of the CPI (Maoist), the anti-terror agency said.
In a relief to academic-activist Shoma Kanti Sen, arrested in June 2018 in connection with the Elgar Parishad-Maoist links case, the Supreme Court on Friday granted her bail while taking cognisance of the "composite effect" of the delay in framing charges coupled with her prolonged detention.