NIA court rejects pleas to cancel bail of 4 Elgar Parishad case accused
MUMBAI, Aug. 30 -- A National Investigation Agency (NIA) court on Saturday rejected the NIA's pleas to cancel the bail of four Elgar Parishad-Bhima Koregaon case accused -- Telugu poet-activist P Varavara Rao, lawyer-activist Sudha Bharadwaj, and activists Vernon Gonsalves and Arun Ferreira, for participating in an event at the Mumbai Press Club earlier this year.
The court said there was no evidence to show that the gathering they attended was meant to propagate CPI (Maoist) ideology or advance the "Urban Naxal" movement.
Special Judge Chakor S Baviskar, in four separate orders pronounced on Saturday, said CCTV footage of the January 19 gathering showed the accused and co-accused present but had no audio, making it impossible to establish what they discussed. Also, given the "tempo, temperament and overall mood" of the gathering and the accused's body language, it could hardly be concluded they discussed the serious issues alleged.
The NIA alleged that the four individuals actively participated in a gathering to propagate CPI (Maoist) ideology and advance the "Urban Naxal" movement. Relying on a Press Club inquiry report and CCTV footage, the agency argued this participation breached bail conditions of a ban on communication with co-accused, and sought their immediate arrest and the cancellation of bail.
After the footage was played in full in open court before the accused, their lawyers and the NIA prosecutor, the judge noted many others were also present and there was no audio. "Hence, it cannot be concluded what conversation the accused had," the judge said, adding the prosecution had to establish its allegation with "some sort of acceptable evidence".
The judge also rejected the NIA's contention that mere presence of the four together violated bail conditions, noting that there was no evidence that they had arranged the gathering or contacted one another for that purpose before or after it.
The court nevertheless cautioned all four, stating since they were aware of the bail conditions, they "could and should have" recused themselves on seeing other accused there, to avoid complications and a possible cancellation plea. Those on bail must take care to avoid breaching conditions. Each application was rejected with a cautionary warning.
The NIA had first approached the court in May seeking cancellation of Rao and Bharadwaj's bail, and moved similar applications against Gonsalves and Ferreira in June....
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