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'His Ailments Need To Be Considered' : Bombay High Court In Bhima Koregaon Accused Anand Teltumbde's Case
Sharmeen Hakim
16 March 2022 10:37 AM GMT
The Bombay High Court told the Maharashtra Government that genuine problems faced by prisoners should be considered after the State complained about Bhima Koregaon Elgar Parishad accused - Anand Teltumbde's - refusal to meet his mother."In such matters broad consideration is necessary. If he is there with so many ailments then that needs to be considered. We don't think there is any problem...
The Bombay High Court told the Maharashtra Government that genuine problems faced by prisoners should be considered after the State complained about Bhima Koregaon Elgar Parishad accused - Anand Teltumbde's - refusal to meet his mother.
"In such matters broad consideration is necessary. If he is there with so many ailments then that needs to be considered. We don't think there is any problem if you see from his point of view," the court said.
Justice Sunil Shukre, leading the bench made the observation after Teltumbde's counsel informed the court that the 71- year- old Dalit scholar was not in a position to take the arduous train journey to Chandrapur and hoped that he could take a flight instead.
The bench said an application could be filed in that regard.
On March 6, three months after his brothers demise in an encounter, the Court had permitted Teltumbde to meet his nonagenarian mother in Chandrapur on March 8 and 9, 2022 under escort protection. According to the order he would have to spend his night in the nearest prison.
On Tuesday, the bench was meant to take up Teltumbde's bail application on merits for final hearing. However, after a brief discussion with the counsels the court decided that Teltumbde's second petition challenging the insurmountable bail condition under section 43D(5) of UAPA could also be heard with it.
The second petition further seeks to strike down the terminology "front organisations" from the schedule of UAPA. The plea states that by using the term, agencies get a free hand to accuse persons of belonging to a banned outfit without actually going through the process of banning an organisation.
Desai submitted that if the Union failed to file its response to his petition by March 30, 2022 the bench may proceed to hear his bail plea finally.
The bench agreed and was about to adjourn the matter when the State's counsel submitted a sealed envelope to the court stating that Teltumbde had refused to meet his mother and said he would be challenging the HC's order in Supreme Court.
Desai explained that even he had written to the Taloja prison Superintendent, stating therein that Teltumbde had recently undergone a spine MRI, and also had extreme pain in his tooth due to which he wouldn't be able to take the train journey.
"He had undergone a spinal MRI and his tooth molar had been extracted. Since taking a long journey by train would not be possible, he wanted to go by flight," Desai said.
Based on the court's query, Desai clarified that Teltumbde had no intention of moving the Supreme Court against the Bombay HC's order permitting him to meet his mother on strict conditions.
The bail appeal was then adjourned to March 30 for final hearing, after the HC observed that Teltumbde was at liberty to seek modification of the order.
Teltumbde was arrested by the NIA on April 14, 2020, after he surrendered before the agency following Supreme Court's orders.
The National Investigation Agency has booked sixteen activists of offences under the UAPA and accused them of furthering the banned CPI(Maoist) agenda to overthrow the government. The NIA claims that the Elgar Parishad event organised on December 31, 2017 by front organisations of CPIM was responsible for the violence at Bhima Koregaon on January 1, 2018.
Teltumbde faces charges under sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of the UAPA along with 15 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away on July 5.
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