Teltumbde’s pre-arrest bail plea rejected

Mubarak Ansari
Saturday, 2 February 2019

Special Judge KD Vadane stated in his order, “On perusing police case diary, prima facie, it reveals that name of present applicant/accused (Teltumbde) is not mentioned in the FIR (dated January 8, 2018). His name was first revealed on 22/08/2018 along with other co-accused during investigation."

PUNE: A special court on Friday rejected the anticipatory bail application of activist and author Prof Anand Teltumbde in connection with the Elgar Parishad case. 

Special Judge KD Vadane stated in his order, “On perusing police case diary, prima facie, it reveals that name of present applicant/accused (Teltumbde) is not mentioned in the FIR (dated January 8, 2018). His name was first revealed on 22/08/2018 along with other co-accused during investigation. It seems that investigating officer (IO) has seized material during the raid conducted on various premises connected with different accused persons. Moreover, one of the letters seized by IO during investigation allegedly sent by Prakash to Anand, there is reference in respect of Anand’s visit to Paris for Women Right Convention held on April 9 and 10 2018. In the said communication, it is mentioned to keep the fire ablaze. Moreover, there are some other correspondence which are also seized by IO, in which, there is reference of petitioner (Teltumbde), where he is referred as ‘Anand, Com. Anand or Anand T’. His lawyer submitted that reference to name ‘Anand’ mentioned in the impugned document, on which, the prosecution relied, cannot unerringly mean that such reference was made to the petitioner. He further submitted that there is no authenticity to this document and they can never be connected with the applicant/accused. However, Special Public Prosecutor, in sealed envelope produced some investigating papers for perusal of court. On perusing the said papers, prima facie, it reveals that the prosecution has some material to show identity of the petitioner as Anand or Commrade Anand as mentioned in the documents, which are part of chargesheet. Thus, IO has collected some documents, from which, it can be revealed active role and participation of present applicant/accused.”

The judge further stated, “Moreover, Hon’ble Apex Court rejected Special Leave Petition filed by Teltumbde by upholding the order of Hon’ble High Court Bombay. Therefore, taking into consideration all these facts and circumstances, in my view, prima facie, there is sufficient material collected by IO to show involvement of the present applicant/accused (Teltumbde), in the alleged commission of offence. Moreover, investigation in respect of present applicant/accused is at very crucial stage. It appears that custodial interrogation of applicant/accused is necessary for the grounds mentioned in say of investigating officer. Therefore, applicant/accused is not entitled to be released on anticipatory bail. Hence, anticipatory bail application deserves to be rejected.”

WHAT IS ELGAR PARISHAD CASE?
Tushar Ramesh Damgude lodged an FIR at Vishrambaug police station, alleging in that in the Elgar Parishad organised on December 31, 2017, at Shaniwarwada, there were few speakers, singers and other performers present on the stage, and some of the performers enacted short plays, dance, songs, which were provocative in nature, and had effect of creating communal disharmony etc. The speeches led to violence at Koregaon-Bhima on the next day ie, January 1, 2018, during the commemoration of 200th anniversary of the battle fought there. “Teltumbde’s name is disclosed in the alleged commission of offence, and in investigation, it is disclosed that the present applicant/accused along with other accused and absconding accused hatched conspiracy to create communal disharmony to strike terror in the people with intent to threaten, or like to threaten unity, integrity, security, sovereignty of India by using explosive substances, and by means of criminal force over-way government established by law to create instability in the State of Maharashtra and in India etc. Teltumbde and other co-accused were active members of banned Maoist Organisation (CPI)”, Pune city police submitted to the court. 

WHAT IS TELTUMBDE’S DEFENCE?
Teltumbde’s lawyer Rohan Nahar submitted that his name is not mentioned in the FIR, and he has not attended the Elgar Parishad held on December 31, 2017. He further submitted that Teltumbde is a Senior Professor and Chairman at Big Data Analytics, situated at Goa Institute Management, and he is one of the leading public intellectuals, who writes and speaks on issues of caste, people’s struggles etc. “Teltumbde was invited to Paris to participate in Conference ‘Orders to Violence’ which was organised by American University in Paris, and all the expenses were borne by the said University. The prosecution is relying on some letters, which are vague in nature and same were not found in possession of Teltumbde, and contents of the said letters are not shared by him, and the said letters found and seized from someone else’s custody, and not from Teltumbde. There is no evidence to show his involvement in the alleged offence, therefore his custodial interrogation is not necessary,” Nahar had argued in the court.

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