Bhima Koregaon violence case: SC grants bail to activists Vernon Gonsalves, Arun Ferreira

Pronouncing the order, the bench noted that almost five years have lapsed since they were taken into custody.

The Supreme Court Friday granted bail to activists Vernon Gonsalves and Arun Ferreira in the 2018 Bhima Koregaon case, saying that no material has been demonstrated by the NIA that the appellants are members of the terrorist organisation.

A bench of Justices Aniruddha Bose and Sudhanshu Dhulia said it is not possible for us to form an opinion that there are reasonable grounds for believing that the accusation against the appellant of committing or conspiring to commit terrorist act is prima facie true.

The court said that allegations against the petitioners are serious but that does not mean bail cannot be granted. The court also pointed out the materials placed against the two cannot not justify their continued detention pending final outcome of the case.

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In its 54-page judgement, the top court declared mere possession of the literature, even if the content thereof inspires or propagates violence, by itself cannot constitute any of the offences within Chapters IV and VI of the Unlawful Activities (Prevention) Act, 1967.

The bench said in the case of the appellants, contents of the letters through which the appellants are sought to be implicated are in the nature of hearsay evidence, recovered from co-accused.

"Moreover, no covert or overt terrorist act has been attributed to the appellants in these letters, or any other material forming part of records of these two appeals,” the bench pointed out.

The court also said reference to the activities of the accused are in the nature of ideological propagation and allegations of recruitment.

It said no evidence of any of the persons who are alleged to have been recruited or have joined this “struggle” inspired by the appellants has been brought before us. “Thus, we are unable to accept NIA’s contention that the appellants have committed the offence relating to support given to a terrorist organisation,” the bench said.

The bench further said there is nothing against the appellants to establish that they had indulged in the activities which would constitute overawing any public functionary by means of criminal force or the show of criminal force or attempts by the appellants to do so.

"Neither there is allegation against them of causing death of any public functionary or attempt to cause death of such functionary," the bench said.

The bench also pointed out witness statements do not refer to any terrorist act alleged to have been committed by the appellants.

"Moreover, no material has been demonstrated by the NIA before us that the appellants are members of the terrorist organisation. No evidence of continued membership of CPI (Maoist) classified as a terrorist organisation has been brought to our notice," the bench said.

While granting bail to the appellants, the bench said the petitioners will not leave Maharashtra and they have to surrender their passports, and also inform the National Investigation Agency (NIA) officer about their address and the mobile number.

The bench said their phone’s location must be on and synced with NIA officer for tracking and cautioned that if there is any breach of conditions, it will be open for prosecution to seek cancellation of bail without reference to this court.

The petitioners had moved the Supreme Court against Bombay High Court's December 2021 judgement, refusing them bail.

Gonsalves is a trade unionist, activists and academician. Ferraria is an activist. Both the accused were arrested in August, 2018 under the stringent provisions of the Unlawful Activities (Prevention) Act.

A number of activists including Sudha Bharadwaj, P Varavara Rao and Gautam Navlakha were arrested for alleged links with banned Maoists outfit, following the Elgar Parishad event held in Pune in December, 2017.