The Bombay High Court on Monday, September 3, pulled up Maharashtra Police for holding a press conference on the arrest of activists in Bhima Koragaon case while the matter is sub-judice.
The court was hearing one Satish Gaikwad’s plea seeking an NIA investigation into Elgar Parishad, an event where – according to an FIR – activists allegedly made provocative speeches which led to violence at Bhima Koregaon on January 1.
Gaikwad’s lawyer, Nitin Satpute, told the court that on one hand, the Maharashtra Police talked about making the trial in-camera, and gave press conferences on the other, elaborating on the evidence it claims to have gathered.
The court was surprised: “They held a press conference?”
The court said how can the police hold a press conference when the case is subjudice.
The petitioner told the court that the police on one hand want an in camera hearing while on the other are reading out evidence in the form of the activists’ letters in public. The petitioner wants the case to be handed over to the NIA or the National Investigative Agency.
The petition by Satish Gaikwad, filed through Advocate Nitin Satpute, alleges that the Pune police had come up with a new story that the violence was instigated by the Elgar Parishad organisers. It said the police put forward this claim despite registering an FIR and arresting prime accused Milind Ekbote, who is currently in judicial custody.
The plea said intellectuals and lawyers are being arrested on the whims and fancies of the Pune police. It sought a transfer of the investigation from the Vishrambaug police station to the NIA, and a stay on the FIR that led to the arrests of activists Surendra Gadling, Dr. Shoma Sen, Rona Wilson and Sudhir Dhawale. The police had no right to probe the case under the Unlawful Activities Prevention Act, the petition said.
The Maharashtra police on August 28 also arrested poet and Maoist ideologue Varavara Rao, lawyer Sudha Bharadwaj, activists Arun Fereira, Gautam Navlakha and Vernon Gonsalves. The matter went to Supreme Court which restrained police from taking them away to Maharashtra in their custody and ordered that they be kept under house arrest till September 6, the next date when the apex court will hear the matter.
Facing criticism on the raids and arrests targeting rights activists, the Maharashtra police had claimed it had solid evidence including “thousands of documents and letters” that established the activists’ links to Maoists and their role in facilitating weapons and funding.
Lawyer and activist Sudha Bharadwaj, who is also under house arrest, said that one of the letters mentioned by the police is fabricated. “It is a totally concocted letter fabricated to criminalize me and other human rights lawyers, activists and organisations,” she said in hand-written statement shared through her lawyer Vrinda Grover.
The Bombay High court has adjourned the hearing on the petition demanding NIA inquiry in Elgar Parishad matter for 7th September because copies of the petition were not served to all concerned persons.
On Friday, the Additional Directorate General of Maharashtra Police defended the arrests of Left-wing activists, saying that those arrested had links with the outlawed Communist Party of India (Maoist) and the police had confiscated documents in April and June establishing links with the Naxal group.
ADG Parambir Singh said that a letter was recovered from Rona Wilson, which was written to one Comrade Prakash, proposing a “Rajiv Gandhi-like incident” to end the “Modi Raj”.
The ADG claimed that the letter read, “I hope you have received details of a requirement of Rs. 8 crores for the annual supply of grenade launchers. Comrade Kishan and others have proposed steps to end Modi raj, like Rajiv Gandhi incident.”
Singh said that the arrests, on August 28, were made after a thorough investigation into the case.
Serious doubts have been raised about the authenticity of the alleged letter and noted journalist Prem Shankar Jha had pointed to several discrepancies and errors, indicating it could not have been written by Maoists.