Supreme Court Dismisses NIA’s Appeal Against Bail Granted To Anand Teltubmde In Bhima Koregaon Case

The Supreme Court on Friday rejected the request for special leave filed by the National Investigation Agency Order of the Bombay High Court granting bail to Professor Anand Teltumbde in the Bhima Koregaon case.

A sofa consisting of Chief Justice of India DY Chandrachud and Justice Hima Kohli added, however, that the Supreme Court’s comments will not be treated as final final findings at the trials.

In granting bail to Teltubmde, the Supreme Court division bench of Justices AS Gadkari and Milind Jadhav made a prima facie observation that there was no evidence of the crime of terrorist activity against Teltumbde.

During today’s hearing, the CJI also made inquiries what is the role due to Teltumbde.

What is the specific role of putting UAPA sections into action? The IIT Madras event you claimed is for mDalit mobilization. Is mobilization of Dalit a preparatory act for prohibited activity?CJI asked ASG Aishwarya Bhati appears before the NIA.

Charges filed against Teltumbde claims that he conspired to promote the ideology of the banned CPI (Maoists) and to overthrow the government.

In this case there are charges under as many as 8 Sections of UAPA… The Supreme Court is mistaken in saying that the material presented by the prosecution does not inspire confidence regarding Sections 15, 18 and 20,ASG Bhati filed. She then cited several documents revealing Teltumbde’s “deep involvement” with CPI(M).

However, senior lawyer Kapil Sibal who appeared before Teltumbde informed the Court that none of those Teltumbde documents had been recovered. The emails allegedly sent by Teltubmde were allegedly found on co-defendant Rona Wilson’s computer. Sibal also said that Teltumbde was estranged from his brother Milind Teltumbde, a Maoist leader who was killed last year during an encounter with security forces. “I haven’t met him in the last 30 years,” said Sibal. The NIA case linking Milind to Anand is based on hearsay evidence, which is given in a statement contained under section 161 CrPC, which is inadmissible as evidence, Sibal added.

The Supreme Court says there is no document linking me to terrorist activity. He wasn’t even at the Elgar Parishad event. They showed nothing that he was there.

Courtroom exchange

Bhati referred to an undated letter from the Central Committee of CPIM, a banned organization under the UAPA, which allegedly refers to Teltumbde as ‘Dear Comrade Anand’. She also read to the court a letter allegedly written by an active member of CPI(M) stating that ‘Comrade Teltumbde’ had made relevant suggestions to encourage student participation in the 50th anniversary of Naxalbari- increase movement.

She also cited a letter allegedly written to Teltumbde that was found on co-defendant Rona Wilson’s laptop. The letter is said to mention Teltumbde’s visit to the Paris Convention on Human Rights on April 9 and 10, 2018, and lectures on Dalit issues to get to grips with the domestic chaos. Bhati informed the court that most of these documents were encrypted and had PGP keys.

However, Sibal argued that the Paris institute had already written a letter to the NIA clarifying that the institute had covered the costs. “That was for academic work,he claimed.

The agency alleged that Teltumbde had traveled abroad to share banned literature through lectures. “Goa Institute of Management gave us details of the accused’s journey… These are not official journeys.Bhati added that Teltumbde’s younger brother Milind, who was killed in an encounter in November 2021, was inspired by him.

However, Sibal argued that Anand Teltumbde was estranged from his younger brother for 30 years.

Bhati argued that Teltumbde played an active role and received money for carrying out activities of the banned organization. “Under UAPA, it is not necessary for a terrorist act to be carried out. A preparatory act has been carried out for prohibited organization,” she said.

Here CJI Chandrachud asked the agency what is the role attributable to Teltumbde. “What is the specific role of putting UAPA sections into action? The IIT Madras event you claimed is mobilizing dalit mobilization. Is mobilization of Dalit a preparatory act for prohibited activity?

Bhati replied that he is a professor and is free to lecture. However, she added that since he has ties to a banned organization and has even received money, they cannot rely on the “front” alone. Claiming that it goes through back doors is also important. ASG cited some documents claiming that Teltumbde wanted all Dalits to join CPI(M).

Sibal claimed that none of Teltumbde’s documents had been recovered. “These have no relation to any provision of the UAPA and this was written by someone else, not me. The threshold under the law is very high.

Background

The 73-year-old former IIT professor and Dalit scholar was arrested by the NIA on April 14, 2020, after surrendering for service under the order of the Supreme Court in connection with the alleged Maoist connections in the Bhima Koregaon case.

In granting bail to Teltubmde, the Supreme Court division bench of Justices AS Gadkari and Milind Jadhav made a prima facie observation that there was no evidence of the crime of terrorist activity against Teltumbde.

The court noted that Teltumbde had traveled extensively for lecturing at prestigious institutes such as London School of Economics, Harvard University, MIT, Michigan University and just because his brother was a wanted CPI (Maoist) accused does not mean that he involved in his alleged ties. to the banned organization.

“It is clear that Appellant is a man of intellectual prominence in the field of Dalit ideology/movement and only because he is the elder brother of wanted accused Milind Teltumbde, who had gone underground 30 years ago to investigate the case of CPI( M) cannot be the only ground for indicting the Appellant and associating him with the activities of CPI(M).”

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