IN the Elgar Parishad-Bhima Koregaon case, leading activists, lawyers, scholars and artists have been arrested without trial under the charges of the Indian Penal Code and Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). According to the police, allegedly provocative statements and speeches made at the Elgar Parishad meeting in Pune on December 31, 2017, instigated the violence at Bhima Koregaon the following day on January 1, 2018 that led to death of one and injuries to several others.
On June 6, 2018, the Pune Police arrested Surendra Gadling, Sudhir Dhawale, Rona Wilson, Shoma Sen and Mahesh Raut. On August 28, 2018, P. Varavara Rao, Sudha Bharadwaj, Arun Ferreira, Vernon Gonsalves and Gautam Navlakha were arrested and lodged in Mumbai’s Taloja jail. In subsequent months, Anand Teltumbde, Father Stan Swamy, Hane Babu, Sagar Gorkhe, Ramesh Gaichor, and Jyoti Jagtap were arrested.
A total of sixteen persons have been arrested in the case as key-accused. The relatives and lawyers of the activists jailed in this case have repeatedly raised the issue of human rights for the prisoners
The Leaflet brings to its readers a brief profile of each of the arrested persons, and the developments in the case pertaining to each.
1. Surendra Gadling
Surendra Gadling is a Nagpur-based human rights lawyer and General Secretary of the Indian Association of the People’s Lawyers. Gadling was known to handle cases of illegal killings, police brutality, and atrocities against Dalits and Adivasis. On June 6, 2018, Gadling was arrested and charged under the UAPA for spreading controversial pamphlets and delivering hate that allegedly instigated the Bhima Koregaon violence.
On January 30, 2019, the Gadchiroli police took custody of Gadling and activist-poet-writer Varavara Rao from Yerwada jail authorities in another case of alleged unlawful activity in the Surjagad village in 2016. Gadling was made to spend twelve days in solitary confinement before being sent to judicial custody. On July 30, 2021, after a special court set up under the National Investigation Agency Act (‘NIA court’) rejected Gadling’s interim bail application, the Bombay High Court granted him temporary bail to attend his mother’s first death anniversary.
In July 21, forensic analysis of Gadling’s computer revealed that it was hacked into for planting controversial documents that have been used as evidence to arrest him and several of his co-accused in the Bhima Koregaon case.
On May 4, 2022, the Bombay High Court dismissed a petition that sought review of its earlier December 1, 2021 order which dismissed the appeal by eight accused in the case, including Gadling, for default bail. Gadling is currently lodged in the Taloja Central Prison, Navi Mumbai, and is awaiting trial.
Also read: 3 years after Bhima Koregaon: How criminal law was violated
2. Sudhir Dhawale
Sudhir Dhawale is a Dalit rights activist and editor of the Marathi magazine ‘Vidrohi’. On June 6, 2018, along with five other accused from different parts of India, Dhawale was arrested under the UAPA for allegedly inciting the Bhima Koregaon-Elgar Parishad violence.
On September 5, 2019, Dhawale’s bail plea was rejected by the Pune Sessions Court. In February 2022, the then Additional Commissioner of Police, Pune (South), Ravindra Sengaonkar, made a detailed deposition before a two-member Inquiry Commission and addressed that speeches made by Dhawale and three others were “provocative”. However, he also testified on not finding anything objectionable.
On April 28, 2022, Dhawale approached the NIA’s special court to seek discharge from all the charges imposed on him in the case. Dhawale submitted that the FIR against him was lodged only eight days after he attended the Elgar Parishad event. He further contended that his speech called for protecting democracy, thus falling under the fundamental right to speech and expression as guaranteed by the Constitution.
On May 4, 2022, the Bombay High Court dismissed a petition that sought review of its earlier December 1, 2021 order which dismissed the appeal by eight accused in the case, including Dhawale, for default bail. Dhawale is currently lodged in the Taloja Central Prison, Navi Mumbai, and is awaiting trial.
3. Rona Wilson
Rona Wilson is an activist and researcher. He is a member of the Committee for the Release of Political Prisoners which has campaigned against the UAPA and other repressive laws. On June 6, 2018, Wilson, along with five others accused in the case, was arrested under the UAPA in connection with allegedly spreading controversial pamphlets and delivering hate speeches, and instigating the Bhima Koregaon violence.
On May 4, 2021, the Bombay High Court asked the National Investigation Agency (‘NIA’), the Union Ministry of Home Affairs and the State of Maharashtra to file their respective responses to the petitions filed by Wilson and Professor Shoma Sen that challenged the decision of the Maharashtra government to grant sanction to prosecute under the UAPA. In September 2021, the Special NIA court granted Wilson 14 days’ interim bail to complete his father’s last rites.
In February and April 2021, Arsenal Consulting, a U.S.-based forensic investigation firm, confirmed that Wilson’s phone was attacked multiple times by the Pegasus spyware. Consequently, Wilson moved the Bombay High Court, challenging his prosecution under the UAPA. He sought the constitution of a special investigation team to investigate his “framing” and “targeting” by planting incriminating material in his laptop.
Also read: An explainer on the Pegasus Spyware
On May 4, 2022, the Bombay High Court dismissed a petition that sought review of its earlier December 1, 2021 order which dismissed the appeal by eight accused in the case, including Wilson, for default bail. Wilson is currently lodged at Taloja Central jail, and is awaiting trial.
4. Shoma Sen
Shoma Sen is a former Head of Department of English at Nagpur University, and a Dalit and women’s rights activist. On June 6, 2018, Sen, along with five other accused in the case, was arrested under the UAPA in connection with allegedly spreading controversial pamphlets and delivering hate speeches, and thus, instigating the Bhima Koregaon violence.
In April 2021, Sen had petitioned the Bombay High Court challenging the UAPA charges levied against her by the NIA. Sen submitted that the case against her was entirely based on the evidence retrieved from Wilson’s electronic devices that were infiltrated with malware as confirmed by the forensic reports of Arsenal Consulting.
In September 2021, Sen sought interim bail on medical grounds. Sen submitted that suffered from several ailments, including hypertension and blood pressure, making her more susceptible to COVID-19. However, an NIA Court rejected her bail plea.
Sen has been lodged in Byculla’s women’s prison in Mumbai, and is awaiting trial.
5. Mahesh Raut
Mahesh Raut, a forest rights activist, worked with gram sabhas in the mining areas of Gadhchiroli. He is a former fellow of the prestigious Prime Minister’s Rural Development Fellowship Programme of the Union Ministry of Rural Development. On June 6, 2018, along with five other accused, Raut was arrested for allegedly having spreading Maoist ideology, providing funds to banned organisations and recruiting for the Maoists.
In November 2021, an NIA court rejected Raut’s bail plea. The NIA had claimed that his name was found in a letter retrieved from co-accused Wilson’s computer. Raut submitted that the existence of the letter is now disputed on account of forensic reports finding malware infiltration of Wilson’s electronic mail devices.
In April 2022, Raut approached an NIA court to seek discharge from the charges levied against him in the 2018 case on the grounds that the allegations of having handled money for the CPI (Maoist) and for having assisted students to go to Gadchiroli were based on two letters obtained from co-accused Wilson’s device which he said had been compromised, and evidence tampered with.
On May 4, 2022, the Bombay High Court dismissed a petition that sought review of its earlier December 1, 2021 order which dismissed the appeal by eight accused in the case, including Raut, for default bail. Raut is currently lodged at Taloja Central jail, and is awaiting trial.
Also read: Bhima Koregaon: Marking three years since the first arrest
6. Sudha Bharadwaj
Sudha Bharadwaj worked as lawyer and trade union activist on issues of workers’ rights and adivasi rights in Chhatisgarh. She has advocated for the rights of the marginalised for over three decades.
On August 28, 2018, Bharadwaj was arrested under UAPA charges. In December 2021, the Bombay High Court allowed Bharadwaj’s default bail plea under Section 167(2) of the Criminal Procedure Code read with Section 43D(2) of the UAPA, and observed that the Additional Sessions Judge, K.D. Vadane, had no jurisdictional competence to extend the period of her detention under Section 43D(2)(b) of the UAPA. The Supreme Court rejected NIA’s application challenging the order.
After three years since she was arrested and lodged at Mumbai’s Byculla prison, Bharadwaj was released on December 9, 2021.
7. Arun Ferreira
Arun Ferriera, a human rights activist, has been a member of the Committee for Protection of Democratic Rights and the Indian Association of People’s Lawyers.
On August 28, 2018, Ferriera and five others in different cities, were arrested for allegedly being affiliated with banned Maoist organizations, and provoking violence at the Koregaon Bhima. After having being lodged at Yerwada Central jail for over 14 months, in October 2019, the Bombay High Court dismissed bail applications of Ferriera and two others accused in the Elgar Parishad case.
In December 2021, apart from Bharadwaj, the Bombay High Court rejected default bail applications of Ferriera and seven others. On May 4, 2022, the Bombay High Court dismissed the petition that sought review of its earlier December, 2021 order.
Ferriera is lodged at the Taloja Central Jail, and is awaiting trial.
8. Gautam Navlakha
Gautam Navlakha is a human rights activist and journalist. He is a member of People’s Union for Democratic Rights, and an editorial consultant of the Economic and Political Weekly. Navlakha was arrested in the case on August 28, 2018, for his alleged involvement in the Elgar Parishad-Maoists links case. While he was initially kept under house arrest, he was subsequently sent to judicial custody.
In May 2021, the Supreme Court rejected Navlakha’s of default bail on the ground that the 35 days he spent under house arrest in 2018 did not constitute custody in order to compute the ninety-day period within which a charge-sheet must be filed under criminal law, to entitle him to the same. On October 12, 2021, Navlakha was shifted to the “Anda Circle” (high security) from the barracks, further deteriorating his health, as claimed by his partner, Sahba Hussain.
On April 26, 2022, the Bombay High Court dismissed Navlakha’s petition that sought a transfer from Taloja jail, Navi Mumbai to house arrest. On May 23, 2022, Navlakha approached the NIA to be provided with a mosquito net, which was previously allowed, but taken away by the prison authorities. It is reported that the Navlakha is undergoing medical treatment and the mosquito net is per the recommendation of the doctors. Earlier, prison authorities had refused his request for a new pair of spectacles, which were given only after media and legal intervention.
Navlakha is currently lodged in Taloja jail, and is awaiting trial.
9. P. Varavara Rao
Varavara Rao an activist, teacher, poet and writer, and an acclaimed academic from Telangana. On August 28, 2018, Rao and four others were arrested from different parts of the country on UAPA charges for having links with Maoists, and instigating the violence at Koregaon Bhima.
On February 22, 2021, the Bombay High Court granted six months’ bail to Rao, on account of his old age, sickness, infirmity and multiple health ailments suffered by him. The court observed that his continued custody would be incompatible with his health conditions and that sending him back to Taloja Central Prison would amount to endangering his life, thereby violating his fundamental right under Article 21 of the Constitution. Thereafter, the court extended his bail to March 21, 2021 on medical grounds. On March 21, 2021, the High Court heard a bunch of petitions by Rao that prayed the court for modifying his temporary release to permanent medical bail. However, the court denied his permanent bail, directed his expeditious trial, and review of all prisons in Maharashtra.
In December 2021, apart from Bharadwaj, the Bombay High Court rejected default bail applications of Rao and seven others. On May 4, 2022, the Bombay High Court dismissed the petition that sought review of its earlier December 1, 2021 order.
Also read: Lawyers Withstood Pressures and Defended Activists in the Bhima Koregaon Case
10. Vernon Gonsalves
Vernon Gonsalves is an academic and writer, who has written extensively on Dalit and adivasi rights, and the rights of prisioners. Gonsalves, along with four other accused in the Bhima Koregaon case, was arrested on August 28, 2018.
In December 2021, apart from Bharadwaj, the Bombay High Court rejected bail applications of Gonsalves and seven others. On May 4, 2022, the Bombay High Court dismissed the petition that sought review of its earlier December 1, 2021 order. In view of the Pegasus spyware, Gonsalves, like other accused in the case, requested the Supreme Court-appointed Technical Committee to direct the NIA to hand over his phone for inquiry.
Gonsalves is currently lodged in the Taloja central jail and is awaiting trial.
11. Dr. Anand Teltumbde
Anand Teltumbde, a Dalit scholar and activist, taught at the Indian Institute of Technology Kharagpur and the Goa Institute of Management, and was previously the Managing Director of Petronet India Limited and an executive at Bharat Petroleum. In April 2020, Teltumbde had to surrender to the NIA for allegedly being a senior member of the banned Communist Party of India (Maoist) and working in urban areas.
In September 2021, the special court NIA rejected Teltumbde’s bail on medical grounds. Teltumbde had raised the contention that he suffered from chronic asthma, chronic cervical spondylitis, supraspinatus tendinopathy and prostatomegaly. On December 1, 2021, the special NIA court denied Teltumbde’s interim bail application to be with his 90 year-old mother in the wake of the death of his brother Milind Teltumbde, a top Naxal leader, in an encounter with security forces. On March 6, 2022, the Bombay High Court granted the activist’s plea to visit his mother, while also directing the Maharashtra government to consider Teltumbde’s health in respect of his mode of conveyance.
On March 31, 2022, Teltumbde moved the Bombay High Court with the plea that he was wrongly charged under the UAPA, and contended that the NIA had failed to directly attribute to him any particular act of violence in the actual case. In April 2022, Teltumbde approached the NIA’s special court seeking discharge against the charges imposed on him on the ground that the NIA had not yet produced any material before the court to actually prove that he was a member of the Communist Party of India (Maoist).
Teltumbde is currently lodged in Taloja Central jail, and is awaiting trial.
Also read: Reflecting on the most poignant moments of last two years during Anand’s incarceration
12. Hany Babu
Hany Babu, an associate professor at the English Department of Delhi University, is an anti-caste activist. On July 28, 2020, the NIA arrested Babu for his alleged connections with the Bhima Koregaon case. The NIA claimed that Babu spread Maoist activities and ideology.
In May 2021, Babu’s wife, Jenny Rowena, claimed that Babu was denied treatment for his acute eye infection. Taloja jail superintendent Kaustubh Kurlekar refuted the allegation. On June 3, 2021, the Bombay High Court allowed Babu to continue medical treatment at a hospital in Mumbai for post-COVID complications.
On February 14, 2022, the special NIA court denied bail to Babu and three others co-accused in the Bhima Koregaon case.
Babu is lodged at Taloja Central jail, and is awaiting trial.
13. Sagar Gorkhe
Sagar Gorkhe is a musical performer, anti-caste activist and member of the cultural troupe Kabir Kala Manch. On September 7, 2020, the NIA arrested Gorkhe in connection with the Bhima Koregaon case, facing charges under the UAPA for being associated with an alleged Maoist plot to overthrow the government and assassinate the prime minister.
On February 14, 2022, the special NIA court denied bail to Gorkhe and three others co-accused in the Bhima Koregaon case, where the court maintained that the accused hatched a “serious conspiracy” to create unrest in the country. In a letter dated May 20, 2022, Gorkhe wrote to Maharashtra Home Minister Dilip Walse Patil announcing a hunger strike in protest against the conditions at Taloja jail. According to Gorkhe, “extreme distress” was caused to him and his co-accused at the prison, where the treatment meted out was like a “torture camp”.
Gorkhe is lodged at Taloja central jail, and is awaiting trial.
14. Ramesh Gaichor
Ramesh Gaichor is a musical performer, anti-caste activist and member of the cultural troupe Kabir Kala Manch. On September 7, 2020, the NIA arrested Gaichor in connection with the Bhima Koregaon case, facing charges under the UAPA for being associated with an alleged Maoist ploy to overthrow the government and assassinate the prime minister.
On June 30, 2021, the superintendent of Taloja Prison, Kaustubh Kurlekar, wrote to Mumbai City, Civil and Sessions Court, complaining against Gaichor for writing a poem as a tribute to Vira Sathidar, a committed anti-caste activist and an Ambedkarite, who died of COVID-19 in April 2021. On February 14, 2022, the special NIA court denied bail to Gaichor and three others co-accused in the Bhima Koregaon case, with the court maintaining that the accused hatched a “serious conspiracy” to create unrest in the country.
Gaichor is lodged at Taloja central jail, and is awaiting trial.
15. Jyoti Jagtap
Jyoti Jagtap is a musical performer, anti-caste activist and member of the cultural troupe Kabir Kala Manch. On September 8, 2020, the Maharahtra Anti-Terrorism Squad arrested Japgtap in connection with the Bhima Koregaon violence case.
On February 14, 2022, the special NIA court denied bail to Jagtap and three others co-accused in the Bhima Koregaon case, where the court maintained that the accused hatched a “serious conspiracy” to create unrest in the country. On April 27, 2022, Japtap approached the NIA’s special court to seek discharge of charges
Jagtap is held in Mumbai’s Byculla jail, and is awaiting trial.
16. Father Stan Swamy
Father Stan Swamy was a Jesuit priest and tribal-rights activist based in Jharkhand. In October 2020, he was arrested under the UAPA in connection with the Bhima Koregaon case. Fr. Swamy died in prison, in July 2021, at the age of 84, awaiting bail on medical grounds.
On May 28, 2021, the Bombay High Court had brushed aside NIA’s objections and allowed Fr. Swamy to be admitted to the city’s Holy Family Hospital. In his plea for medical bail, which remained undecided till he passed away, Swamy had stated that he was suffering from various ailments, including Parkinson’s disease, hearing loss in both ears, abdominal pain, as well as injury to his arms. The plea highlighted that Swamy was already in an advanced stage of Parkinson’s – he was unable to talk, walk, or carry out daily chores without help, and every day his health was deteriorating.
In February 2022, the United Nations’ Working Group on Arbitrary Detention urged the Government to prioritize the use of non-custodial measures at all stages of criminal proceedings, including during the pre-trial phase, in the current context of a global pandemic. Furthermore, its source submitted that placing Fr. Swamy in prison increased his risk of contracting COVID-19 and thus put his life at risk. The failure of the government to heed these prescient warnings led to his avoidable death in custody, the opinion states.
On June 2, 2022, Fr. Swamy was posthumously honoured with the Martin Ennals Award, considered as the Nobel Prize for human rights defenders.
