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The National Investigation Agency (NIA) on Tuesday moved the Supreme Court against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad-Maoist links case.
The Bombay high court on November 18 had granted bail to Teltumbde noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it, for which the maximum punishment is 10 years in jail.
Teltumbde, 73, is the third accused of the total 16 arrested in the case to be released on bail. Poet Varavara Rao is currently out on bail on health grounds, and lawyer Sudha Bharadwaj is out on regular bail.
Alleging that the high court has conducted a roving inquiry and a mini trial, the NIA in its plea before the top court said the high court perused the charges in the charge sheet in isolation and made observations that would influence the trial.
"The observations of the high court that no prima facie case is made out against the respondent herein is contrary to the observations made by this court in the case of the very same respondent seeking pre arrest bail...
"The said order also fails to take into account the cumulative effect of all the earlier proceedings moved by the present respondent in the instant case where all reliefs have been denied by each forum so approached holding that there is a prima facie case as against the respondent herein," the plea said.
The plea contended that the high court has conducted a roving inquiry and a mini trial by intricately examining the evidence on record which is contrary to the law laid down by this court.
"The high court perused the charges in the charge sheet in isolation and made observations that would influence the trial erring to notice that laws dealing with national security and national integrity should be interpreted and applied with a strict yardstick as compared to other laws.
"That the high court went into so much analysis in detail in order to grant bail to the respondent herein and thus held that no prima facie case is made out," the NIA said.
The plea contended that Teltumbde is a senior and active member of CPI-Maoist working in urban areas.
"The respondent herein was instrumental in organising fact finding missions on the directions of CPI-Maoist which had allocated Rs 10,00,000 for the purpose of his international campaign and visits in furtherance of CPI-M agenda and is the brother of Milind Teltumbde who was eliminated in an encounter with the security forces who was deeply inspired by the respondent herein," the plea said.
Teltumbde has been lodged at the Taloja prison in Navi Mumbai since his arrest in the case in April 2020.
The activist had moved the high court last year after a special court refused to grant him bail.
He had claimed that he was neither present at the December 31, 2017, Elgar Parishad event held in Pune city, nor had made any provocative speech.
The NIA's claim is that Teltumbde was one of the main conveners of the Elgar Parishad and he was an active member of several frontal organisations of the CPI-Maoist.