NIA moves SC challenging Anand Teltumbde’s bail in Elgar Parishad case

The National Investigation Agency (NIA) has moved Supreme Court, challenging the bail granted by Bombay High Court to scholar-activist Anand Teltumbde in the Elgar Parishad case.

The NIA in its plea filed on Tuesday claimed the high court “examined the charges in the charge sheet in isolation and made observations that would influence the trial.”

The Bombay HC granted bail to Teltumbde on November 18, noting that, prima facie, the only case made out against him related to alleged association with a terror group and support given to it. The maximum punishment for these offences is 10 years in jail.

“HC observations contrary to SC’s”

“The observations of the high court that no prima facie case is made out against the respondent herein is contrary to the observations made by this court in the case of the very same respondent seeking pre-arrest bail…

“The said order also fails to take into account the cumulative effect of all the earlier proceedings moved by the present respondent in the instant case where all reliefs have been denied by each forum so approached holding that there is a prima facie case as against the respondent herein,” the NIA said in its plea.

Teltumbde, 73, is the third of the 16 arrested in the case to be released on bail. Poet Varavara Rao is currently out on bail on health grounds, while lawyer Sudha Bharadwaj is out on regular bail.

“Roving inquiry and mini trial”

The NIA plea contended that the HC had conducted a roving inquiry and a mini trial by intricately examining the evidence on record.

“The high court perused the charges in the charge sheet in isolation and made observations that would influence the trial erring to notice that laws dealing with national security and national integrity should be interpreted and applied with a strict yardstick as compared to other laws.

Also read: Elgar Parishad case: NIA says accused wanted to ‘wage war’ against nation

“That the high court went into so much analysis in detail in order to grant bail to the respondent herein and thus held that no prima facie case is made out,” the NIA said.

“Teltumbde an active member of CPI(Maoist)”

The plea contended that Teltumbde was a senior and active member of CPI(Maoist) working in urban areas.

“The respondent herein was instrumental in organising fact-finding missions on the directions of CPI(M) which had allocated Rs 10,00,000 for the purpose of his international campaign and visits in furtherance of CPI(M) agenda and is the brother of Milind Teltumbde who was eliminated in an encounter with the security forces who was deeply inspired by the respondent herein,” the plea said.

Teltumbde has been lodged at Taloja prison in Navi Mumbai since his arrest in April 2020. The activist moved high court last year after a special court refused to grant him bail. He has claimed that he was neither present at the Elgar Parishad event in Pune’s Bhima Koregaon on December 31, 2017, nor made any provocative speech.

Also read: Key evidence in Bhima Koregaon case planted by hackers: Forensic report

The NIA’s claim is that Teltumbde was one of the main conveners of the Elgar Parishad, and he was an active member of several frontal organisations of the CPI(Maoist).

(With agency inputs)