The Bombay High Court delivered a significant ruling on Friday, granting bail to two individuals accused in the high-profile Elgar Parishad-Maoist links case. This decision was made on the grounds of parity with other co-accused who have already been released, marking a pivotal moment in this long-standing legal battle.
Court's Decision and Conditions
Justice Ajey Gadkari and Justice Shyam Chandak presided over the appeals filed by Sagar Gorkhe and Ramesh Gaichor, both members of the cultural organization Kabir Kala Manch. The appeals challenged a special National Investigation Agency (NIA) court order from February 14, 2022, which had previously rejected their bail applications. The judges set aside this earlier order, allowing the bail pleas.
Upon their release, Gorkhe and Gaichor must comply with stringent conditions. They are required to furnish a personal bond of Rs 1 lakh each, supported by one or more sureties to cover the amount. Additionally, they must surrender their passports and provide detailed contact information, including their prospective places of residence. Post-release, they are obligated to report to the NIA office in Mumbai on the first Monday of every month and attend all trial dates, unless medically unfit.
Restrictions and Legal Context
The bail conditions further stipulate that the accused cannot leave the territorial jurisdiction of the High Court without explicit permission from the NIA court. They are also prohibited from tampering with prosecution witnesses or evidence in any manner. These measures aim to ensure the integrity of the ongoing legal proceedings while allowing the accused their freedom pending trial.
Background of the Case
Gorkhe and Gaichor have been incarcerated in Taloja jail since their arrest in September 2020. The NIA alleges that they participated in the Elgar Parishad event held in Pune on December 31, 2017, where they performed a skit discussing the rule of the Peshwas and democracy. According to the chargesheet, they collaborated with other accused individuals to spread Maoist ideology during the event.
Both individuals face charges under the Unlawful Activities (Prevention) Act and sedition. Their defense lawyers argued that there is insufficient evidence linking them directly to the alleged offences, a point that influenced the court's decision to grant bail.
Wider Implications and Case Status
The Elgar Parishad case has seen multiple arrests since its inception. Initially, the Pune police arrested nine individuals in 2018, followed by seven more arrests by the NIA after it assumed control of the investigation in January 2020. The accused include notable lawyers, activists, and academics, all alleged to be members of the banned CPI (Maoist).
With Friday's ruling, 14 out of the 16 arrested individuals have now been granted bail. The only remaining accused without bail is Surendra Gadling, whose case is currently pending before the Supreme Court. Tragically, another accused, Father Stan Swamy, a priest and tribal rights activist, passed away in custody in July 2021, highlighting the human toll of this protracted legal saga.
This development underscores the evolving dynamics of the Elgar Parishad case, as courts continue to balance legal principles with national security concerns. The bail grants reflect a judicial emphasis on parity and procedural fairness, even in cases involving serious allegations.
