Bhima Koregaon case: SC gives activists one more week to surrender

The Supreme Court on Wednesday gave activists Gautam Navlakha and Anand Teltumbde one more week to surrender in the case of their alleged link to banned Maoist outfit, claimed to have emerged after the Bhima Koregaon violence.

A bench of Justices Arun Mishra and Indira Banerjee extended the time for surrender as the last opportunity, saying the petitioners have enjoyed the protection for long.

Navlakha, and Teltumbde, led by senior advocate Kapil Sibal, sought more time, saying going to prison during this time of Coronavirus was "virtually a death sentence".

Their counsel also said that both the activists were over 65 years old and suffered heart ailments, making them more vulnerable.

Solicitor general Tushar Mehta, however, opposed the plea, saying the contention was made to buy time. He said the activists were facing serious charges. He also said jail was the safest place for them.

Both the activists were on March 16 given three weeks time to surrender in the case related to stringent charges under the Unlawful Activities (Prevention) Act.

Granting additional one week, the court made it clear that there would not be any further extension of time.

"Though we expected the accused would surrender, honouring the order of this court, they have not done so. We are told that in Bombay, the courts are functioning. It would have been appropriate for the accused to surrender as the courts are open and not totally closed," the bench said in its order.

On March 16, the top court had declined anticipatory bail plea by activists Teltumbde and Navalakha in the Bhima Koregaon case.

It had then noted that Section 43D(4) of the Unlawful Activities (Prevention) Act, clearly put a bar for pre-arrest bail.

"We are of the opinion that it cannot be said that no prima facie case is made out," the bench had also said.

The court, however, had then granted them three weeks time to surrender before the National Investigation Agency, entrusted to probe the matter.

It had then noted the petitioners had enjoyed protection from arrest for one-and-half year.

The activists faced charges for their alleged Maoist links and involvement in the Bhima Koregaon violence.

An event 'Elgar Parishad' was held in Pune on December 31, 2017, which allegedly led to caste violence on January 1, 2018. Several prominent activists have already been arrested in the matter.