NIA moves SC against bail to Anand Teltumbde in Bhima Koregaon case

Chief Justice of India D Y Chandrachud agreed to the plea for hearing on November 25

The National Investigation Agency (NIA) has approached the Supreme Court (SC) against a Bombay High Court order of November 18, which granted bail to activist Anand Teltumbde, an accused in the Bhima Koregaon case for having Maoists links.

Solicitor General Tushar Mehta mentioned the matter before a bench presided over by Chief Justice of India D Y Chandrachud, who agreed to it for hearing on November 25.

Advocate Aparna Bhat appeared on behalf of Teltumbde on caveat.

He said the matter is required to be taken up urgently as the High Court's order has stayed only till Friday.

The High Court, while granting bail to Teltumbde, had in its order also concluded that on reading the charge sheet and the material before it, prima facie, it cannot be inferred that he has involved himself in a ‘terrorist act’.

In its plea, the NIA claimed the High Court conducted a "mini-trial and roving inquiry" and examined every statement including under Section 164 of the CrPC, contrary to settled law and judicial pronouncements.

Teltumbde (72), the brother-in-law of Vanchit Bahujan Aghadi President Prakash Ambedkar, had surrendered before the National Investigation Agency in April 2020 following a Supreme Court order.

The NIA had accused Teltumbde of being the convenor of the Elgar Parishad of December 31, 2017, where provocative speeches were made which allegedly resulted in caste violence at Bhima-Koregaon, Pune, on January 1, 2018, in which one person was killed.

The two incidents sparked a nationwide uproar and later the investigations by Pune Police, followed by the NIA, expanded the scope of the probe to an alleged conspiracy to assassinate Prime Minister Narendra Modi and overthrow the central government.

The NIA charged Teltumbde for being an active member of the banned CPI(Maoist) and deeply involved in the "furtherance of its agenda".