Mumbai: Justice Sarang Kotwal of the Bombay High court, on Thursday, recused himself from hearing the plea filed by Dalit rights activist Anand Teltumbde seeking discharge from the 2018 Elgar Parishad case. The judge has also recused himself from hearing any other pleas filed by Teltumbde’s co-accused in the case.
Teltumbde approached the HC after his plea was rejected by the special National Investigation Agency (NIA) court in May 2024.
On Thursday, his plea was listed for hearing before a bench of Justices Kotwal and SM Modak. The senior judge recused himself saying that he, while sitting as a single judge, had decided three bail applications in the said case.
“In this matter, one of us (Sarang V. Kotwal, J.), sitting as a single Judge, had decided three bail applications wherein various provisions of law were discussed. Therefore, propriety demands that the matter is heard on all aspects by a different bench. In this case, Sarang V. Kotwal, J. is recusing from hearing this Appeal and other matters arising out of the C.R.No.4 of 2018 registered with Vishrambaug police station, Pune,” the bench noted in its order.
According to the NIA, Teltumbde was one of the convenors of the December Elgar Parishad event, where he also had made provocative speeches leading to riots on January 1, 2018. He is currently out on bail in the matter.
The special court had rejected his discharge plea primarily on the grounds that it found sufficient prima facie material suggesting his involvement in the alleged conspiracy related to the Elgar Parishad event and its aftermath.
In July 2021, the special NIA court had rejected his bail plea noting that he was a member of banned organisation, Communist Party of India (Maoist). He was sequently granted bail by the HC in November 2022, which was upheld by the Supreme Court.
The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017. The police claimed that it triggered violence the next day near the Bhima-Koregaon war memorial in Pune district. It is also alleged that the conclave was backed by Maoists.
Sixteen persons were arrested for their alleged conspiracy in the case. Sudha Bharadwaj, Varavara Rao, Anand Teltumbde, Vernon Gonsalves, Arun Ferreira and Shoma Sen are out on bail. Although Mahesh Raut has been granted bail, it stayed and the matter is pending in the SC.
