Bhima-Koregaon Case: Bombay HC Judge Recuses From Hearing Prof Anand Teltumbde's Appeal Against Order Rejecting Discharge Plea

Bombay High Court judge Justice Sarang Kotwal on Thursday (January 2) recused from hearing an appeal filed by Professor Anand Teltumbde, one of the accused in the Bhima-Koregaon case.

The judge also asked the Registry to ensure that any of the matters related to the Bhima-Koregaon case, should not be listed before him.

Justice Kotwal, who is now heading a division bench, clarified that he had heard and decided the bail applications of several accused in the Bhima-Koregaon case, when he was sitting as a single-judge. The judge had also decided other proceedings related to the case, when he was sitting as a junior judge in a division bench.

"Therefore, propriety demands that the matter is heard on all aspects by a different bench. In this case, Justice Sarang Kotwal is recusing from hearing this Appeal and other matters arising out of the C.R.No.4 of 2018 registered with Vishrambaug police station, Pune," Justice Kotwal said when the matter was called out.

Teltumbde has petitioned the High Court challenging the May 2024 order passed by a special court in Mumbai, which refused to discharge him from the case, citing the prima facie evidence against him. However, when the matter was called out, Justice Kotwal, recused from hearing the said appeal.

Notably, Justice Kotwal has been a member of the division bench, which had refused to quash the First Information Report (FIR) lodged against him and 16 other rights' activists, who have been booked in the Bhima-Koregaon case.

Teltumbde, had surrendered before the National Investigation Agency (NIA) in 2020 and was granted bail by the Bombay High Court in November 2022. The HC was granting bail to Teltumbde, had opined that there was no prima facie material to establish that Teltumbde was involved in any terrorist activity, punishable under the Unlawful Activities (Prevention) Act (UAPA).

Appearance:

Advocates Prathamesh Naik, Rahul Raj and Neeraj Yadav appeared for the Petitioner 

Additional Public Prosecutor Arfan Sait represented the State.

Case Ttile: Dr Anand Teltumbde vs National Investigation Agency (Criminal Appeal (ST) 17602 of 2024)

Click Here To Read/Download Order