Bhima Koregaon: No Material Against Vernon Gonsalves; Sr. Adv Mihir Desai Tells Bombay HC In Bail Hearing

Senior Advocate Mihir Desai submitted before the Bombay High Court on Tuesday that the police had no evidence against his client former academic Vernon Gonsalves to prove that he was involved in inciting the violence that took place at Bhima Koregaon on January 1, 2018.

Justice SV Kotwal started hearing the bail applications filed by Vernon Gonsalves, Sudha Bharadwaj and Arun Ferreira on Tuesday and the said pleas will be heard on a daily basis.

The three applicants were arrested by the Pune police last year on the allegations of inciting the violence that took place at Bhima Koregaon.

Desai submitted that his client has been in jail for a year and the FIR filed by Pune police does not even mention his client's name. The police have only relied upon two undated, unsigned letters recovered from someone else's laptop; Desai argued.

Reading out the said 'undated, unsigned' letters recovered from the laptops of other accused, activist Rona Wilson and advocate Surendra Gadling, Desai questioned how they implicate his client when as a matter of fact they are not addressed to his client neither do they mention his client, nor were they found with him.

Further, Mihir Desai submitted that the prosecution has relied upon a statement of a (secret) prosecution witness wherein it is stated that Vernon Gonsalves was seen (by the witness) at a meeting of senior maoist leaders in 2002 at Gadchiroli, Maharashtra. While a second witness's statement recorded under Section 164 of CrPC did not mention Gonsalves's name, Desai argued.

Desai will continue his submissions today as well, then Sudha Bharadwaj's counsel Dr.Yug Mohit Chaudhry will begin his submissions.

Sudha Bharadwaj was recently granted temporary bail by the High Court to attend her father's post-funeral rituals and rites at Bangalore for a couple of days. Bharadwaj has been in Pune's Yerwada Central Jail since last October.

According to the Pune police, inflammatory speeches were made at the Elgar Parishad conclave that was organised on December 31, 2017 in Pune, as a result of which violence took place the next day at Bhima Koregaon.

Pursuant to this, Pune police arrested professor Shoma Sen, a retired professor at Nagpur University, activist Rona Wilson, dalit activist Sudhir Dhawale, tribal rights activist Mahesh Raut, in June 2018. Thereafter in August 2018, they arrested Varavara Rao, Vernon Gonsalves, Arun Ferreira and Sudha Bharadwaj.

Gautam Navlakha is the only accused who has been granted protection from arrest by the High Court. High Court has already reserved order in Gautam Navlakha's bail plea. The 65-year-old human rights activist and journalist has been charged under the Unlawful Activities (Prevention) Act.