[Bhima Koregaon] Evidence prima facie does not show Anand Teltumbde indulged in terrorist act: Bombay High Court

The Bombay High Court Friday said that evidence against Anand Teltumbde, one of the accused in the Bhima Koregaon case of 2018, prima facie suggest that he did not not indulge in 'terrorist acts' as alleged by the National Investigation Agency (NIA)..The observation were part ofthe order passed today by the High Court granting bail to Teltumbde who is presently detained in Taloja Central Prison for his alleged role in the Bhima Koregaon violence of 2018.A bench of Justices AS Gadkari and Milind Jadhav opined that the material brought by NIA before the Court did not inspire confidence to bring Teltumbde's act as an offence of 'terrorist act' under the Unlawful Activities Prevention Act (UAPA). "We are of the prima facie opinion that on the basis of material placed before us by NIA which has been looked into by us, it cannot be concluded that Appellant has indulged into a terrorist act. The material placed on record prima facie does not inspire confidence to bring the Appellant's act as alleged for the punishment prescribed under Sections 16, 18 and 20 (terrorist acts) of the UAPA as they read," the Court held..The NIA had relied upon certain material to show the Court that Teltumbde was actively involved in a larger conspiracy of the Communist Party of India (Maoist).The Court however noted that the prosecution material failed to show nexus and link Teltumbde had with the crime as alleged or any specific overt act.NIA's contention was that the banned organisation used the Elgar Parishad program at Bhima Koregaon to further its larger conspiracy. However the Court did not agree with the contention based on the material showed to it. "Looking at the contents of the documents, the submission of NIA would fall in realm of presumption according to us which may need further corroboration," the Court opined. .The Court also said that the assuming NIA's contention that Teltumbde is associated with Communist Party of India (Maoist) is true, the same would not attract provisions which deal with punishments for terrorist acts."On prima facie appreciating the material on record as well as the statements of three key witness against Appellant, we do not think that provisions of Sections 16 and 18 (indulging in terrorist act) can be invoked at this stage against Appellant for want of better proof and evidence. On reading the chargesheet and the material placed before us, prima facie it cannot be inferred that Appellant has involved himself in a ‘terrorist act’", the Court added.Even if NIA's case is accepted, the provisions which would be attracted are Sections 38 and 39 of the UAPA (being member of a banned organisation), the Court said.The maximum punishment for this offence is imprisonment for 10 years. Considering that Teltumbde had no criminal antecedents and he had been behind bars for more than two and half years, the Court held that a case for grant of bail had been made out..Senior Advocate Mihir Desai with Advocate Devyani Kulkarni appeared for Teltumbde.Advocates Sandesh Patil, Chintan Shah, Shrikant Sonakawade and Prithviraj Gole appeared for NIA.[Read order]