MUMBAI: The Bombay high court on Monday rejected a bail plea made by Jyoti Jagtap, of Kabir Kala Manch, accused in the 2018 Elgaar Parishad case.
"We are of the opinion that the NIA case is prima facie true", said a bench of Justices Ajay Gadkari and Milind Jadhav rejecting her appeal agaisnt a special National Investigation Agency (NIA) court order denying her bail.
The NIA which took over the probe in January 2020 has accused those arrested of having Maoist links.
Senior counsel Mihir Desai for Jagtap argued at length on her innocence. He said that she had been implicated in this case without there being any evidence to demonstrate any incriminating act.
The NIA counsel Sandesh Patil had argued that the role attributed to Jagtap is that she undertook training in use of weapons in a forest with wanted accused Milind Teltumbde (now deceased).
Her case however is that the allegation against her that she along with others had visited Korchi Jungle and attended training has not been supported another witness and though the prosecution has claimed that Kabir Kala Manch is a frontal organization, the term "frontal organization" has not been defined under the Act.
The case against her and other co-accused is of commission of offences punishable under Sections 121 (waging or attempting to wage war against the government of India) 121A (conspiracy to wage war) 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, race, place of birth etc) 505(1)(b) (offence against public tranquility), 115, 120B (criminal conspiracy), 201 (false information to screen offender) read with 34 (common intention) of the Indian Penal Code, 1872 and terror offence under Sections 13, 16, 17, 18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.
In February while denying her bail the special Trial court Judge D E Kothalikar had said, her plea was sans merit. The trial court said there "are reasonable grounds for believing that the accusation of commission of the offences punishable under Chapters IV and VI of the UAPA against the applicant is prima facie true. Considering the express bar imposed by Section 43D(5) of the UAPA (agaisnt grant of bail if court finds the accusations are prima facie true) , the applicant cannot be released on bail."
Jagtap’s plea was that she cannot be booked under the anti terror law. On 01.01.2018 more than 250 Social Organisations had organized a Koregaon Bhima Shourya Din Abhiyan' to commemorate the 200th Anniversary of the historic battle of Koregaon Bhima and on 31.12.2017 an event called 'Elgaar Parishad' was organized at Shaniwarwada, Pune. On 08.01.2018, a report was lodged at Vishrambaug Police Station against Jagtap and others alleging inflammatory speeches were being made at the event.
Her bail plea also mentioned that her house was searched on 17.04.2018 and nothing incriminating was found as “ her role was limited to Elgaar Parishad in the capacity of a social activist and an artist.” She was arrest in 2020 and after her arrest her house was searched in September 2020 and nothing was found to incriminate her.
Patil for NIA argued that Jagtap was in touch with remaining accused in connection with work of CPI (Maoist) and was "one of the main conveners of the Elgar Parishad." He submitted that the CPI (Maoist) had infiltrated the Elgar parishad with the help of some of their members including Jyoti Jagtap.
He also said that since section 120B of IPC for criminal conspiracy is invoked against Jagtap, acts done by others will be attributed to her also and she, at this stage, cannot segregate her role.
Jagtap’s plea before courts also was that prosecution has failed to place on record material of them being members of the Kabir Kala Manch, and even otherwise it cannot be that the Kabir Kala Manch was the frontal organisation of the CPI (M), the Terrorist Organisation.
The reasoned order of the HC will be available later.
