The Bombay High Court on Monday extended till December 6 the interim protection from arrest for professor Anand Teltumbde and writer Gautam Navlakha, who are charged in the Bhima-Koregaon violence case.
Advocate Yug Chaudhry told Justice P.D. Naik that the Pune Police filed the affidavit opposing Mr. Navlakha’s anticipatory bail plea on November 26, but he only received it on Monday morning and sought time to file a reply. He said the affidavit was emailed to him on November 30, a Saturday, and WhatsApped to his junior. The court granted him time to file his reply and continued the interim relief for both till December 6.
The 25-page affidavit filed by the investigating officer said anticipatory bail plea under Section 438 (direction for grant of bail to person apprehending arrest) of the Criminal Procedure Code is not maintainable under the Unlawful Activities Prevention Act. “The material found from the computer/laptop/pen drives/memory cards was shocking and clearly implicates [all arrested] not only as active members of CPI (Maoist) but clearly reflects as (an) ongoing sinister design of having committed and in the process of committing criminal offences. It will soon be clear that they are found to be committing and were planning and preparing for a series of criminal offences in connivance and conspiracy with other persons.”
The affidavit said the accused have been found to be part of the criminal conspiracy and their role was “not merely peripheral”. “They were found to be playing a vital role in the criminal offences committed and or planned by others,” it said. “They are found to be providing strategic input in furtherance of the objective of armed rebellion as per the strategic document of CPI (Maoist),” the affidavit said. It relies upon a letter from Mr. Navlakha to Sudarshan which mentions a report. “The report elaborates the deep rooted involvement of Mr. Navlakha and his association with CPI (Maoist). It clearly mentions his work in Kashmir as per the directions of the party. His role in the mass organisations and overt activities is self-explanatory.”
The prosecution said, “Mr. Navlakha and others are involved in creating instability in the State by insurgent activities with the intention to destabilise the government.”