Supreme Court of India grants bail to two activists in Bhima Koregaon case

The Supreme Court of India on Friday granted bail to two activists — Vernon Gonsalvesand Arun Ferreira — in the Bhima Koregaon case.

Gonsalves and Ferreria were sent to jail in 2018 on charges of inciting violence under the Unlawful Activities (Prevention) Act, 1967.

They were arrested in connection with the caste-based violence that broke out near the Koregaon-Bhima war memorial in Pune and for having alleged links with the outlawed outfit, Communist Party of India (Maoists).

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The Bombay High Court in December 2021 rejected their bail plea, following which the activists approached the top court to seek relief.

SC grants relief

A bench of Justices Aniruddha Bose and Sudhanshu Dhulia granted bail to the two activists considering that they have been under custody for almost five years.

Although the allegations against them are serious, that alone cannot be the sole ground to deny bail and justify their continued detention pending the trial, the apex court said.

The advocates of the plaintiff argued that the National Investigative Agency (NIA) had insufficient material to implicate the appellants.

SC gives bail with strict conditions

While granting bail, the court spelled out some strict conditions considering the seriousness of the offences they have allegedly committed, reports LiveLaw.

The judges have asked Gonsalves and Ferreira not to leave Maharashtra without obtaining the trial court's permission.

Further, they have been ordered to surrender their passports and inform the NIA of their residential addresses and mobile phone numbers.

They are also restricted to using only one mobile connection each during the period of their bail.

The court further directed that the phones of Gonsalves and Ferreira be paired with the NIA investigating officer's (IO) device so that their locations can be tracked at all times.

They shall keep the location status of their mobile phones active 24 hours a day, & their phone shall be paired with NIA's IO to enable him to identify, the court stated.

They have also been asked to report to the investigating officer once a week.

“Their phones must remain charged round the clock to ensure the battery does not drain out. If there is any breach of these conditions, or if any attempt is made to threaten witnesses, the prosecution has the right to seek cancellation of bail," the bench said in its verdict.

Apart from Vernon Gonsalves and Arun Ferreira, the NIA has named 14 others for the December 2017 caste violence that broke out near the Koregaon-Bhima war memorial in Pune.

Five people allegedly having close Maoist links were arrested in June 2018 from Mumbai, Nagpur, and Delhi in connection with Elgar Parishad event — to commemorate the 200th anniversary of the Battle of Koregaon Bhima — held on December 31, 2017.

(With inputs from agencies)

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