The Bombay High Court, on a consequential Tuesday, chose to reserve its verdict regarding the bail application of activist Mahesh Raut. This activist is facing charges in the much-debated Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Raut's counsel, Advocate Mihir Desai, made an astute argument by invoking a series of pertinent High Court and Supreme Court rulings. He pointed out that Raut's predicament mirrors those of his co-accused who were granted bail in accordance with these judgements. Furthermore, Desai underscored, "For the purpose of bail, Raut is completely covered under the judgments of Anand Teltumbde, Vernon Gonsalves, and Arun Ferreira, and he has spent more than 5 years behind bars."
In his spirited defense of Raut, the lawyer also stressed that the evidentiary support against him is primarily based on documents retrieved from one of his co-accused, Rona Wilson's devices, and the testimony of a solitary witness.
Desai went on to argue that the trial has not yet commenced, and prospects indicate a protracted legal process, considering the extensive list of 336 witnesses presented by the National Investigation Agency (NIA).
However, the bail plea faced strong opposition from Additional Solicitor General Devang Vyas and advocate Sandesh Patil, who represented the NIA. Their counter-argument centered on the consideration of the broader conspiracy entwined in the case. The NIA also spotlighted Raut's alleged affiliations with Naxalite organizations, contending that, "The whole ideology of Naxalism revolves around the idea that it views a democratically elected government as the enemy and considers those of their own killed as martyrs. They mobilize and mislead the youth."
The investigative agency firmly asserted that Raut held membership in the banned CPI (Maoist) organization, citing "indisputable prima facie evidence of his involvement, recruitment, and receipt of monetary compensation."
Vyas additionally contended that the party "created a scenario that led to violence at Bhima Koregaon where a person was killed." In response to this, the bench clarified, 'There was no intention to kill the person; the person died in the riots.' Nevertheless, Vyas stressed, 'the scenario was created to topple a democratically elected government.'
Desai, on the other hand, challenged this assertion, stating, 'He is not a member of CPI (Maoist) and was, in fact, a recipient of the Prime Minister's Fellowship.'
The division bench, presided over by Justice Ajay Gadkari and Sharmila Deshmukh, is set to deliver its verdict on Raut's bail application on September 21. Worth noting is that Raut had been a forest rights activist dedicated to work in the Naxal-affected regions of Maharashtra.
This case stems from the Elgar Parishad event, which unfolded on December 31, 2017, in Pune. Allegedly, provocative speeches were delivered, sparking rioting on January 1, 2018, at Bhima Koregaon. According to probe agencies, CPI (Maoist) had connections with the Elgar Parishad event.
