After hearing the special leave petition filed by the National Investigation Agency (NIA), the Supreme Court on Friday upheld the bail granted to Anand Teltumbde by Bombay High Court while dismissing the plea by the NIA.
Though the bench comprising of CJI Chandrachud and Justice Hima Kohli said it would not interfere with Bombay HC’s decision, the High Court’s observations will not be treated as conclusive final findings at the trials.
The Bombay High Court’s division bench, comprising Justices AS Gadkari and Milind Jadhav, had granted bail to Bhima-Koregaon case accused Anand Teltumbde, while making an observation that prima facie there was no evidence for the offence of terrorist activity against Teltumbde.
During the hearing in SC on Friday, CJI Chandrachud asked the central agency as to what is the role attributable to Teltumbde.
“What is the specific role to bring UAPA sections into action? The IIT Madras event you alleged is for Dalit mobilisation. Is Dalit mobilisation preparatory act to proscribed activity?” the CJI asked ASG Aishwarya Bhati, representing the NIA.
Teltumbde played an active role and received funds for carrying out activities of the banned organisation. “Under UAPA, it is not necessary terrorist act is to be carried out. There is preparatory act carried out for proscribed organisation,” ASG Bhati argued.
The NIA, arguing to reject the bail granted to Teltumbde, alleges that he conspired to further the ideology of banned CPI(Maoist) and to overthrow the government. It also cited several documents revealing Teltumbde’s ‘deep involvement’ with CPI(Maoist).
Senior Advocate Kapil Sibal, appearing for Teltumbde, argued that none of those documents were directly recovered from Teltumbde. The emails purportedly sent by Teltubmde were allegedly recovered from the computer of co-accused Rona Wilson. Sibal also denied any connection between Anand Teltumbde with his brother Milind Teltumbde, and said the former had not met the latter for last 30 years.
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