A division bench of the Bombay High Court, headed by Justice A.S. Gadkari, took note of the fact that many accused persons in the case have secured bail owing to prolonged incarceration and the unlikelihood of the trial commencing in the near future
Bombay High Court. File Pic
The Bombay High Court on Friday granted bail to activists Sagar Gorkhe and Ramesh Gaichor in the high-profile Elgar Parishad case, observing that they were entitled to relief on the ground of parity since several co-accused have already been released in similar circumstances, reported news agency PTI.
Bench says denying bail would be unjustified
A division bench of the Bombay High Court, headed by Justice A.S. Gadkari, took note of the fact that many accused persons in the case have secured bail owing to prolonged incarceration and the unlikelihood of the trial commencing in the near future. The court held that denying the same benefit to Gorkhe and Gaichor would be unjustified.
Activists arrested in 2020, lodged in Taloja jail
The two activists were arrested in September 2020 and have been lodged at the Taloja Central Prison since then. They are accused of being active members of the banned CPI (Maoist) and allegedly having links with Maoist activities connected to the Elgar Parishad conclave, reported PTI.
Parity principle cited in bail order
In its order, the bench observed that continued detention of the appellants without a foreseeable trial timeline would violate the principle of parity, especially when similarly placed accused have already been granted bail. “On the ground of parity, the two appellants also deserve to be released on bail,” the court said, reported PTI.
Monthly reporting to NIA among bail conditions
As part of the bail conditions, Gorkhe and Gaichor have been directed to execute a personal bond of Rs 1 lakh each. They are also required to report to the National Investigation Agency (NIA) office once every month and comply with other standard conditions imposed by the court, reported PTI.
Case linked to 2017 Pune conclave and Koregaon-Bhima violence
The Elgar Parishad case stems from an event held in Pune on December 31, 2017, where allegedly provocative speeches were delivered at a conclave attended by various activists, lawyers, and academics. According to the prosecution, these speeches led to violence at Koregaon-Bhima, on the outskirts of Pune, on January 1, 2018, during celebrations marking the bicentenary of the historic Bhima Koregaon battle.
Probe later transferred to NIA under UAPA
The Pune police, which initially investigated the case, claimed that the conclave was backed by Maoist groups and that the violence was part of a larger conspiracy. The probe was later transferred to the National Investigation Agency, which continued the investigation and filed charges under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA).
Most accused already out on bail
At least 16 individuals were arrested in connection with the case, including prominent civil rights activists, scholars, and lawyers. Over time, most of them have been granted bail by various courts, primarily on grounds of long incarceration and delays in trial proceedings. Currently, all accused except Surendra Gadling have been released on bail.
Case drew attention after Father Stan Swamy’s death
The case also drew national and international attention following the death of Father Stan Swamy, an 84-year-old priest and tribal rights activist, who passed away in judicial custody in July 2021 while awaiting trial.
Several well-known activists named in chargesheet
Other accused named in the case include Varavara Rao, Sudha Bharadwaj, Anand Teltumbde, Vernon Gonsalves, Arun Ferreira, Shoma Sen, Gautam Navlakha, Sudhir Dhawale, Rona Wilson, Jyoti Jagtao, and Mahesh Raut.
(With inputs from PTI)
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