'Prima Facie Can't Say Anand Teltumbde Was Involved in Any Terrorist Activity Under UAPA' - Bombay High Court in Bail Order

11/19/22, 5:26 PM 'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA':
APA': Bombay High Court In Bail Order

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'Prima Facie Can't Say Anand Teltumbde

Was Involved In Any Terrorist Activity
Under UAPA': Bombay High Court In Bail
Order
Sharmeen Hakim 18 Nov 2022 6:39 PM
https://www.livelaw.in/news-updates/bombay-high-court-anand-teltumbde-bail-uapa-bhima-koregaon-elgaar-parishad-case-214496 1/19
11/19/22, 5:26 PM 'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA': Bombay High Court In Bail Order
In its detailed order granting bail to Anand Teltumbde on merits, the Bombay
High Court said prima facie "it cannot be concluded that Teltumbde has
indulged in a terrorist act," in the Bhima Koregaon – Elgaar Parishad Case.
A division bench of Justices AS Gadkari and Milind Jadhav observed that
sections 16 (punishment for terrorist act), 18 (punishment for conspiracy),
and 20 (Punishment for being member of terrorist gang or organisation) of
Unlawful Activities (Prevention) Act were prima facie not made out.
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The bench said that "at the highest" at this stage Teltumbde could be
charged with being a member of CPI(Maoist), for which the punishment was
a maximum period of 10 years in prison.
Significantly, the court said that Section 20 "cannot be interpreted to mean
that merely been a member of a terrorist gang would entail such a member
for the above punishment. What is important is the terrorist act and what is
required for the Court to see is the material before the Court to show that
such a person has been involved in or has indulged in a terrorist act. Terrorist
act is very widely defined under Section 15. In the present case, seizure of
the incriminating material as alluded to hereinabove does not in any manner
prima facie leads to draw an inference that, Appellant has committed or

indulged in a 'terrorist act' as contemplated under Section 15 of the UAP Act."
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Societies
The court distinguished Teltumbde's case from his co-accused DU Prof Hany
Babu and activist Jyoti Jagtap's case to say that only 5 documents (letters)
and 3 key witness statement are used against Teltumbde.
Teltumbde, 73, was arrested by the NIA on April 14, 2020, after he
surrendered before the agency following Supreme Court orders. NIA has
accused him of being the Convenor of the Elgar Parishad conference held on
December 31, 2017, which allegedly led to violence at Bhima Koregaon the
following day, resulting in the death of one person. The agency claimed that
Teltumbde is an active member of the banned CPI (Maoists) and was "deeply
involved in furtherance of its agenda."
Also Read - Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging
'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil
In Nature
Letters Under Realm of Presumption
After analysis, the Bombay High Court noted that prima facie the five letters
cited against Anand Teltumbde, allegedly recovered from co-accused Rona
Wilson's laptop would fall under the "realm of presumption" which would
need "further corroboration."
One such letter was by 'Prakash' to 'Anand.' The court rejected NIA's
contention that the letter was enough to invoke section 15 of UAPA and said
such contention was "prima facie not acceptable" and "palatable."
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The court noted that Teltumbde had travelled extensively for giving lectures
at prestigious institutes like the London School of Economics, Harvard
University, MIT, Michigan University and merely because his brother was a
wanted CPI(Maoist) accused doesn't implicate him in his alleged links to the
banned organisation.
"It is seen that Appellant is a man of intellectual prominence in the field of
Dalit ideology / movement and merely because he is the elder brother of
wanted accused Milind Teltumbde who had gone underground 30 years ago
to espouse the cause of CPI(M) cannot be a sole ground to indict the
Appellant and link him to the activities of CPI(M)."
In another letter which "exalts the party cadres and calls upon them to
organize protests across BJP ruled states," the court observed that the word
"brother Anand" is used once and there wasn't clarity if the letter was actually
referring to Teltumbde. The court also noted that the document was
unsigned and recovered from the laptop of a co-accused.
The Special NIA court while rejecting Teltumbde's bail had said that letters
cited against him could not be analyzed as it would amount to a mini trial.
However, the HC has said that the "Court must look into the contents of the
document and take such document into account as it is."
The High Court observed that these documents were the fulcrum of NIA's
case. "NIA has submitted that prima facie reading of these documents reveal
that Appellant is an active member of CPI(M) and has been involved in
activities to further its ideology to overthrow the state. However, looking at
the contents of the documents the aforesaid submission of NIA would fall in
realm of presumption according to us which may need further
corroboration."
NIA Hasn't Investigated Bhima Koregaon Death
The court noted that the Bhima Koregaon incident resulted in one person's
death. However, based on the draft charges and chargesheet "we prima facie
find that NIA has not investigated or made any investigation in respect of this
aspect," the court said.
While it observed that NIA's case alleged the CPI(Maoist) using the Elgaar
Parishad to further a 'larger conspiracy,' the material on record was not
adequate to charge him to the sections.
Inspired by Milind Teltumbde
NIA's protected witness had claimed that Teltumbde inspired his late brother
Milind, a wanted Maoist leader, to join the movement and shared "banned
literature" from his international conferences with him. However, NIA couldn't
produce evidence to show Teltumbde had even travelled to the Philippines,
Peru or Turkey neither was the banned literature in question that he allegedly
brought back (on a memory card drive) a part of the chargesheet. The
agency claimed the literature was given to Milind.
Regarding another witness statement, in which he claimed that Teltumbde
was aligning the Dalit movement with the CPI(Maoist), the court observed
that except for this one line, the witness who allegedly was a CPI(M)
divisional secretary said nothing against Teltumbde. At the highest this
would only show Teltumbde's affiliation with CPI(Maoist).
Background
Teltumbde faces charges under sections 121, 121A, 124A, 153A, 505(1)(b),
117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of
the UAPA along with 14 other activists. Father Stan Swamy, the 16th accused
to be arrested, passed away in July 2021.
Teltumbde was represented by Senior Advocate Mihir Desai and Advocate
Devyani Kulkarni while the NIA was represented by SPP Sandesh Patil.
Click here to read/download the judgment
TAGS BOMBAY HIGH COURT JUSTICE AS GADKARI JUSTICE MILIND JADHAV
ANAND TELTUMBDE UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967 UAPA
BHIMA KOREGAON-ELGAR PARISHAD CASE
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'Prima Facie Can't Say Anand Teltumbde Was Involved in Any Terrorist Activity Under UAPA' - Bombay High Court in Bail Order

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11/19/22, 5:26 PM 'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA':

APA': Bombay High Court In Bail Order

TOP STORIES NEWS UPDATES COLUMNS INTERVIEWS ENVIRONMENT RTI

Home / News Updates / 'Prima Facie Can't Say...

'Prima Facie Can't Say Anand Teltumbde

indulged in a terrorist act," in the Bhima Koregaon – Elgaar Parishad Case.

A division bench of Justices AS Gadkari and Milind Jadhav observed that

sections 16 (punishment for terrorist act), 18 (punishment for conspiracy),

and 20 (Punishment for being member of terrorist gang or organisation) of

Also Read - Alleged Remarks Against UP CM | Allahabad HC Refuses To

Quash FIR Against Samajwadi Party Leader Anurag Bhadouria

a maximum period of 10 years in prison.

Significantly, the court said that Section 20 "cannot be interpreted to mean

the incriminating material as alluded to hereinabove does not in any manner

prima facie leads to draw an inference that, Appellant has committed or

Also Read - Bombay HC Seeks State's Response On PIL Seeking

Mandatory Charging Infrastructure For Electric Vehicles in Housing

and 3 key witness statement are used against Teltumbde.

involved in furtherance of its agenda."

Also Read - Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging

'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil

Letters Under Realm of Presumption

cited against Anand Teltumbde, allegedly recovered from co-accused Rona

need "further corroboration."

such contention was "prima facie not acceptable" and "palatable."

Broadcasting FIFA World Cup 2022

at prestigious institutes like the London School of Economics, Harvard

"It is seen that Appellant is a man of intellectual prominence in the field of

Dalit ideology / movement and merely because he is the elder brother of

Appellant and link him to the activities of CPI(M)."

unsigned and recovered from the laptop of a co-accused.

document and take such document into account as it is."

that Appellant is an active member of CPI(M) and has been involved in

activities to further its ideology to overthrow the state. However, looking at

NIA Hasn't Investigated Bhima Koregaon Death

aspect," the court said.

Parishad to further a 'larger conspiracy,' the material on record was not

adequate to charge him to the sections.

Inspired by Milind Teltumbde

produce evidence to show Teltumbde had even travelled to the Philippines,

agency claimed the literature was given to Milind.

Regarding another witness statement, in which he claimed that Teltumbde

divisional secretary said nothing against Teltumbde. At the highest this

would only show Teltumbde's affiliation with CPI(Maoist).

117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of

to be arrested, passed away in July 2021.

Teltumbde was represented by Senior Advocate Mihir Desai and Advocate

Click here to read/download the judgment

TAGS BOMBAY HIGH COURT JUSTICE AS GADKARI JUSTICE MILIND JADHAV

ANAND TELTUMBDE UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967 UAPA

BHIMA KOREGAON-ELGAR PARISHAD CASE

Subscribe to LiveLaw, enjoy Ad free version and other unlimited features,

SIMILAR + VIEW MORE

Alleged Remarks Bombay HC Seeks

Madras High Court Former CJI U U Lalit

High Court Refuses To Halt

Muzaffarnagar Riots In A First In India's

Gauhati High Court

Of Will When Plaint Claims Over Her Alleged Illicit

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The Seat Or The Assets – Where Do You Enforce The Award?