In its detailed order granting bail to Anand Teltumbde on merits, the Bombay High Court on Friday stated that "it cannot be concluded that Teltumbde has engaged in a terrorist act" in the Bhima Koregaon - Elgaar Parishad Case.

“We are of the prima facie opinion that on the basis of material placed before us by NIA which has been looked into by us, it cannot be concluded that Appellant has indulged into a terrorist act. The material placed on record prima facie does not inspire confidence to bring the Appellant's act as alleged for the punishment prescribed under Sections 16, 18 and 20 of the UAP Act as they read.”

A bench of Justices AS Gadkari and Milind Jadhav concluded that the evidence presented by the NIA did not inspire confidence in charging Teltumbde with a "terrorist act" under the Unlawful Activities Prevention Act (UAPA).

The court also stated that sections 16 (punishment for terrorist act), 18 (punishment for conspiracy), and 20 (punishment for membership in terrorist gang or organisation) of the Unlawful Activities (Prevention) Act were not prima facie established.

Notably, the court stated that Section 20 "cannot be interpreted to mean that merely been a member of a terrorist gang would entail such a member for the above punishment. What is important is the terrorist act and what is required for the Court to see is the material before the Court to show that such a person has been involved in or has indulged in a terrorist act. Terrorist act is very widely defined under Section 15. In the present case, seizure of the incriminating material as alluded to hereinabove does not in any manner prima facie leads to draw an inference that, Appellant has committed or indulged in a 'terrorist act' as contemplated under Section 15 of the UAP Act."

"On prima facie appreciating the material on record as well as the statements of three key witness against Appellant, we do not think that provisions of Sections 16 and 18 (indulging in terrorist act) can be invoked at this stage against Appellant for want of better proof and evidence. On reading the chargesheet and the material placed before us, prima facie it cannot be inferred that Appellant has involved himself in a ‘terrorist act’", the Court added.

Teltumbde, 73, was apprehended by the NIA on April 14, 2020, after surrendering to the agency in accordance with Supreme Court orders. The NIA has charged him with being the Convenor of the Elgar Parishad conference on December 31, 2017, which allegedly resulted in violence at Bhima Koregaon the following day, resulting in one person's death. Teltumbde, according to the agency, is an active member of the banned CPI (Maoists) and is "deeply involved in furthering its agenda."

Teltumbde, along with 14 other activists, is charged 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. Father Stan Swamy, the 16th person arrested, died in July 2021.

Senior Advocate Mihir Desai and Advocate Devyani Kulkarni represented Teltumbde, while SPP Sandesh Patil represented the NIA.

Case Title: Dr. Anand Teltumbde v. NIA & Anr.

Criminal Appeal NO. 676 OF 2021