The Supreme Court on Friday granted bail to activists Vernon Gonsalves and Arun Ferreira in Elgar Parishad-Maoist links case, as reported by the news agency PTI. The case pertains to the Elgar Parishad conclave held in Pune on December 31, 2017, which according to the Pune police was funded by Maoists. The inflammatory speeches made there led to violence at the Koregaon-Bhima war memorial in Pune the next day, police had alleged.
A bench of Justices Aniruddha Bose and Sudhanshu Dhulia said Gonsalves and Ferreira shall not leave Maharashtra and surrender their passports to the police. It also directed the two activists to use one mobile each and let the National Investigation Agency (NIA), which is probing the case, know their addresses, PTI reported.
The bench also considered that almost five years had lapsed since they were taken into custody, as reported by news agency ANI. “Considering the fact that almost five years have elapsed, we are satisfied they have made out a case for bail,” they said, as quoted by ANI. The activists had moved the apex court against a Bombay High Court order rejecting their bail pleas.
The bench said that allegations against them are serious but that does not mean bail cannot be granted. The order stated, “The allegations are serious, no doubt, but for that reason alone, bail cannot be denied to them,” as quoted by ANI. The apex court imposed certain conditions while granting bail to them.
“During the period when they remain on bail, both appellants shall keep the location status of their mobile phones active 24 hours a day, and their phone shall be paired with NIA's IO to enable him to identify their exact location any time,” the order stated. Another condition imposed on them is they should report to the Station House Officer of the police station within whose jurisdiction they are going to reside while on bail once a week.
The bench further directed that if there is a breach of these conditions or any of the conditions imposed independently by the trial court, it would be open to the prosecution to seek cancellation of bail without further reference to this court. “Similarly, if appellants seek to threaten or otherwise influence any of the witnesses in either of two cases - whether directly or indirectly - then also prosecution shall be at liberty to seek cancellation of bail,” it further stated, as quoted by ANI.
The bench set aside the order of the Bombay High Court which had rejected their default bail. Gonsalves and Ferreira had approached the Supreme Court against an order by which the Bombay High Court denied them default bail, even as the same benefit was granted to another co-accused, Sudha Bharadwaj. In 2018 FIR was lodged in Pune in relation to certain offences in the Bhima Koregaon case.
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