The National Investigation Agency (NIA) has petitioned the Supreme Court to overturn a Bombay High Court order granting bail to Dalit rights activist Anand Teltumbde in the case involving his alleged role in the 2018 Bhima Koregaon violence.

On Thursday, Solicitor General of India Tushar Mehta brought the matter before Chief Justice of India DY Chandrachud for an urgent hearing. The High Court suspended the order for one week when it granted bail on November 18.

The CJI agreed to list the case on Friday and asked the Solicitor General to serve a copy of the petition on Advocate Aparna Bhat, who is representing Teltumbde on caveat.

After hearing the bail application extensively, the High Court issued an order granting bail last Friday. The High Court ruled that there was no prima facie evidence against Teltumbde of engaging in "terrorist acts" under the Unlawful Activities Prevention Act, as alleged by the National Investigation Agency (NIA).

According to the bench, only Sections 38 and 39 (relating to membership in a terrorist organisation) were proven against Teltumbde.

The court noted that Teltumbde had travelled extensively to give lectures at prestigious institutions such as the London School of Economics, Harvard University, MIT, and Michigan University, and that the fact that his brother was a wanted CPI (Maoist) accused does not implicate him in his alleged ties to the banned organisation.

"It is seen that Appellant is a man of intellectual prominence in the field of Dalit ideology / movement and merely because he is the elder brother of wanted accused Milind Teltumbde who had gone underground 30 years ago to espouse the cause of CPI(M) cannot be a sole ground to indict the Appellant and link him to the activities of CPI(M)."

Case Details:

Gautam Navlakha vs. National Investigation Agency & Anr.

Special Leave to Appeal (Crl.) No. 9216/2022