Affaire Bhima Koregaon: Le tribunal de Mumbai rejette le plaidoyer de la NIA visant à annuler la mise en liberté sous caution de quatre militants

A Mumbai court has dismissed the National Investigation Agency's request to revoke the bail of four activists implicated in the Bhima Koregaon case, according to reports from Bar and Bench. The activists, Varavara Rao, Sudha Bharadwaj, Arun Ferreira, and Vernon Gonsalves, had their bail conditions challenged by the NIA, which argued that they had breached terms by attending a gathering at the Mumbai Press Club in January. The agency claimed this act violated the condition that the accused should not communicate with co-accused or individuals engaged in similar activities. Special Judge Chakor S Baviskar ruled that the activists' attendance at the gathering did not necessarily constitute a violation of their bail conditions. He emphasized that simply speaking about the case during the meeting could not be interpreted as a breach. Additionally, the judge noted that the activists had met both inside and outside the courtroom during the proceedings, further undermining the NIA's claim. The judge concluded that changing the location of a meeting does not equate to breaching the bail conditions. Rao received interim medical bail from the Bombay High Court in February 2021, and her bail was affirmed by the Supreme Court in August 2022. Bharadwaj was granted default bail in December 2021 after the NIA failed to file a chargesheet within the required 90-day period. Gonsalves and Ferreira, who had spent nearly five years in custody, were given regular bail by the Supreme Court in July 2023, albeit under specific conditions. The NIA had argued that the gathering at the Mumbai Press Club was orchestrated to promote the ideology of the banned Communist Party of India (Maoist) and coordinate the so-called "Urban Naxal movement." In April, the Mumbai Press Club suspended three members for facilitating the gathering on January 19. The NIA subsequently requested documentation related to the event from the press club. On May 7, a Mumbai City Civil Court temporarily halted the expulsion of one member, Gurbir Singh, citing concerns that the action appeared aimed at preventing him from running in the club’s upcoming elections. The Bhima Koregaon case centers around violent incidents that occurred near Pune on January 1, 2018, following the Elgar Parishad conference, which commemorated the 200th anniversary of the Battle of Bhima Koregaon. One individual was killed, and multiple others sustained injuries. The NIA has asserted that the conference was part of a broader Maoist plot to incite caste-based violence, undermine the central government, and attempt the assassination of Prime Minister Narendra Modi. A total of sixteen individuals were apprehended in connection with the case. However, the Supreme Court, in its 2023 ruling, found that the primary evidence used by the NIA, a set of letters, lacked substantial proof. A digital forensics company, Arsenal Consulting, also determined that fabricated evidence had been placed on the personal devices of the accused. As a result, fourteen of the sixteen accused have since been released on bail. Jesuit priest Stan Swamy, another accused, passed away while incarcerated in 2021. One remaining accused, Surendra Gadling, obtained bail from the Bombay High Court on May 4. Nonetheless, he continues to face legal challenges due to a pending bail application in a separate 2016 arson case before the Supreme Court. The ongoing legal battles reflect the complex and contentious nature of the case, which has drawn attention not only for its political implications but also for the broader issues surrounding judicial processes and human rights.