Bhima Koregaon Case : Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members

Special Judge DE Kothalikar refused bail to Delhi University associate professor - Hany Babu, and members of cultural group Kabir Kala Manch members - Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagtap. The National Investigation Agency arrested Babu in July 2020 and the remaining three in September 2020.

They were booked along with 12 other civil libertoes accused under sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of the UAPA. Father Stan Swamy, the 16th accused to be arrested, passed away on July 5, awaiting bail.

The NIA has accused them of a plot to overthrow the Government, being members of front organisations of the banned CPI(Maoists). They blamed the activists for furthering the CPI(Maoist) agenda and causing the caste violence at the Bhima Koregaon war memorial on January 1, 2018.

The agency alleged that KKR members participated in the Elgar Parishad event on December 31, 2017, as a larger conspiracy to incite people, which resulted in violence at the Bhima Koregaon war memorial.

Though Babu was not part of the event, but he was accused of being a member of the banned outfit.

Advocates Nihal sigh Rathod and Barun Kumar argued on behalf of Gorkhe and Gaichor. They cited the statement of then Chief Minister Devendra Fadnavis's statement when he was asked about the violence in the Maharashtra Legislative Assembly.

They alleged that Fadnavis had mentioned a mob carrying 'saffron' flags on the day of the violence. on the floor of the house. Fadnavis nowhere blamed the Elgar Parishad event for the violence, they alleged.

Moreover, the Pune Rural police had filed an affidavit in the Supreme Court accusing right-wing brahmin leader Milind Ekbote of inciting violence.

The accused further took the court through a report filed by the Pune police after attending the event. Counsels alleged that the performances at Elgar were not even seditious. They were far from making out allegations under the Anti-Terror law.

Advocate for professor Hany Babu submitted that even if all the allegations against Babu are deemed true, he could be charged with being a member of a banned terror outfit which would not attract more than ten years imprisonment. Moreover, he had already spent a year and a half in prison and the trial was unlikely to begin any time soon.

Jagtap represented by Advocates Sharif Shaikh submitted that KKR was a cultural group that took up social causes through their music and poetry, and was formed after the Gujarat riots.

The NIA alleged that apart from performing at the Elgar Parishad event, Jagtap has met wanted slain 'terrorist' Milind Teltumbde, in Kochi, and underwent training with him there.

Shaikh argued that the agency had failed to produce any bank statements to alleged ill gotten wealth from the program. Even if all the likely evidence against Jagtap is placed on record, it still wouldn't make out an offence under the UAPA.

Special Public Prosecutor Prakash Shetty reiterated NIA's stand. He claimed that based on the evidence on record, a case was made out against all the accused and they did not deserve the leniency of bail.

However, the arrested activists claim that incriminating material was planted on accused Surendra Gadling and co-accused researcher Rona Wilson's laptop, based on reports from an independent forensic analysis firm.

A detailed copy of the bail order is awaited.