Bhima Koregaon: Bombay High Court Allows Anand Teltumbde To Visit Nonagenarian Mother For 2 Days Following Brother's Death In An Encounter

An undertrial in the Bhima Koregaon – Elgar Parishad Case, Teltumbde had sought direction for interim bail from the High Court after the Special NIA Court refused his request on technical grounds. Teltumbde's brother, Milind, was killed in an encounter in November 2021.

A division bench of Justices Sunil Shukre and GA Sanap partly allowed the application and directed Temtumbde to be taken to Chandrapur by police escorts by the afternoon of March 8, 2022. However, he has not been permitted to spend the night at home and will be taken in custody in the closest prison.

The bench further said that Teltumbde may be allowed to meet his mother on March 10 before being escorted back to Taloja Central Prison by March 11, 2022.

While Teltumbde has been asked to bear his own expenses, escort charges are to be borne by the State. The bench further said that he may only meet his mother and no one else.

In response to the National Investigation Agency objection for Teltumbde's release on the grounds that his brother Milind Teltumbde was a known Maoist, the court said that irrespective of the background of the accused or circumstances, Teltumbde had lost his bother. A human life was lost.

Milind, an alleged Maoist leader was killed in an encounter by security personnel in Maharashtra's Gadchiroli district along with 26 others, in November, 2021. He was accused of being in-charge of CPI(M)'s Maharashtra-Madhya Pradesh-Chhattisgarh (MMC) zone and was also wanted in the Bhima Koregaon Elgar Parishad Case.

In his application, Teltumbde said that his father and youngest brother passed away a couple of years ago. And even though he lost contact with Milind sometime in the 1990's, his mother is over 90-years-old and at such a moment of bereavement in the family, he being the eldest, his presence by his mother's side and siblings would be of great moral support.

Teltumbde had said that he belongs to a reputed family and that he is married to the grand-daughter of Dr. BR Ambedkar. His other brothers are both retired Western Coalfields Ltd (WCL) employees and the eldest of his three sisters is a retired principal of a prestigious college from Nagpur.

Teltumbde's counsel Senior Advocate Mihir Desai then apprised the court that Teltumbde's application was rejected only on the ground that since a regular bail application was pending before the High Court.

The NIA represented by Advocate Sandesh Patil, opposed the application as being devoid of merits and unsustainable in law. Moreover, the agency emphasized that the professor was charged with serious offences under the Unlawful Activities Prevention Act and his reasons for temporary bail were not of "dire necessity" to warrant bail.

Teltumbde was arrested by the NIA on April 14, last year, after he surrendered before the agency following Supreme Court's orders.

The National Investigation Agency has booked sixteen activists of offences under the UAPA and accused them furthering the banned CPI(Maoist) agenda to overthrow the government. The NIA claims that the Elgar Parishad event organised on December 31, 2017 by front organisations of CPIM was responsible for the violence at Bhima Koregaon on January 1, 2018.

Teltumbde faces charges 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 along with 15 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away on July 5.

In another petition filed by Teltumbde challenging "front organisation" terminology and bail conditions under UAPA, Court issued notice to the Attorney Genral KK Venugopal.

He has alleged that the terminology "and all formations and front organizations" attached to the banned CPI (Maoist) in the first schedule of the Unlawful Activities Prevention Act (UAPA) is vague and a tool used by the state to circumvent due process of notifying an organisation as a banned organisation.

He has further said that investigating agencies keep using the 'front organization' card with impunity and no oversight, especially to oppose bail.

Citation: 2022 LiveLaw (Bom) 57

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