While judge said probe at a ‘very crucial stage and custodial interrogation appears necessary’, Teltumbde moves court over arrest despite top court order.
Mumbai: Civil rights activist and author Anand Teltumbde moved an application in a Pune trial court saying his arrest in the Bhima Koregaon case Saturday was in violation of a 14 January Supreme Court order granting him protection from arrest for four weeks.
The activist’s move comes a day after a Pune court said there is ‘sufficient material’ to show his involvement in the alleged commission of offence while rejecting his anticipatory bail.
On Friday, special judge K.D. Vadane said, “…investigation in respect of present applicant/accused is at a very crucial stage. Moreover, it appears that custodial interrogation of applicant/accused is necessary for the grounds mentioned in say of investigating officer.”
During the hearing, the judge observed that Teltumbde’s name was not mentioned in the original FIR filed by one Tushar Damgude on 8 January, 2018, and was first mentioned during investigation on 22 August, 2018, along with other co-accused.
Opposing Teltumbde’s anticipatory bail plea, the prosecution presented a few letters seized during raids mentioning ‘Anand’ or ‘Comrade Anand’ or ‘Anand T’. One such letter, which the prosecution presented as correspondence between ‘Prakash’ and ‘Anand,’ refers to the latter’s visit to Paris for a Women’s Rights Convention on 9 and 10 April, 2018 and talks about “keeping the fire ablaze.”
“It is pertinent to note that learned Special Public Prosecutor in sealed envelope produced some investigating papers for perusal of court. On perusing the said papers, prima facie, it reveals that the prosecution has some material to show identity of petitioner as Anand or Comrade Anand,” the special court judge said.
Also read: Anand Teltumbde fought the anti-national called caste. His arrest marks a black day
Arrest, earlier top court order
Hours after Vadane rejected Teltumbde’s plea, the Pune Police arrested the activist, who is also a professor at the Goa Institute of Management, in the Bhima Koregaon violence case for alleged links with banned Communist Party of India (Maoist).
The Supreme Court had earlier granted Teltumbde protection from arrest for four weeks starting 14 January giving him time to seek bail from the competent authority.
The apex court order had said, “We extend the said interim protection for a period of four weeks from today within which the petitioner may seek regular/pre-arrest bail from the Competent Authority if so advised.”
Rohan Nahar, defence lawyer representing Teltumbde, said, “The Pune Police technically cannot arrest Teltumbde given the Supreme Court protection. We will make an application to this effect in the Pune sessions court when he is produced there today for custody.”
“Similarly, we will also make an application in the Supreme Court for contempt of court,” he said.
A Pune Police official who did not wish to be named said, “The protection granted by the Supreme Court was in order to give Teltumbde the time and opportunity to seek relief. He exhausted that yesterday when the trial court rejected his pre-arrest bail plea.”
Also read: Pune Police arrests activist Anand Teltumbde at Mumbai airport
Case so far
Teltumbde has categorically rejected allegations that he was associated with the CPI (Maoist). He even wrote an open letter to the public, requesting for their support, saying he has shown integrity of the highest degree in his four-decade-long academic and corporate career, and never in his worst nightmares did he imagine that the state apparatus will turn against him and look at him as a criminal.
The Pune Police have so far arrested nine persons — activists and advocates — in connection with the Bhima Koregaon violence on 1 January, 2018, which happened a day after an event was organised at Elgaar Parishad in Pune. One chargesheet has been filed while a second is expected to be filed in February.
The police have alleged that the accused are members of the banned CPI (Maoist) and have been actively trying to destabilise the society and overthrow the democratically-elected government.
In August 2018, the police also raided Teltumbde’s house in Goa when he was not home, but did not seize anything from raid.