Bombay HC upholds right to speedy trial, grants bail to five in 2018 arms haul case
Mumbai (PTI): Speedy trial has received recognition of the fundamental right of a person facing accusations, the Bombay High Court has said while granting bail to five persons arrested by the Maharashtra ATS in 2018 for allegedly plotting to attack Pune's Sunburn festival in 2017.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande said in an order on July 30 that the evidence presented by the prosecution was insufficient to substantiate the conspiracy charges, and noted the lengthy incarceration of the accused and the bleak prospects of a speedy trial.
The five accused, Sujith Rangaswamy, Amit Baddi, Ganesh Miskin, Shrikant Pangarkar and Bharat Kurane, were arrested in 2018 after the ATS had seized a cache of arms, ammunition, and explosives from the residence of two other suspects in Nalasopara in 2018.
The five accused have been in custody since 2018, and the trial is expected to be lengthy, with 417 witnesses on the prosecution's list.
"The chances of timely completion of trial appear to be bleak. Speedy trial has received recognition of the fundamental right of a person facing accusations," the bench said.
The ATS had claimed the cache of arms and ammunition were intended for an attack on the Sunburn music festival in December 2017.
The ATS case was that the accused persons were active members of right-wing groups 'Sanatan Sanstha' and 'Hindu Janjagruti Samiti', and they were influenced by the philosophy of creation of a 'Hindu Rashtra'.
The court, which was hearing appeals filed by the accused challenging a special court order refusing them bail, noted that none of the alleged attacks was carried out.
"The Sunburn programme was, in fact, successfully completed without any disturbance, but the arrest in the present case was made in the first week of August 2018 that is eight months after the programme was over," the court observed in its order.
The court found the prosecution's evidence, including witness statements, lacking and "insufficient".
"We have prima facie formed an opinion that these statements are insufficient to establish the charge of conspiracy against the appellants before us," the court said and granted bail to the accused, imposing conditions, including furnishing a personal bond of Rs 50,000 each and regular reporting to the ATS and attendance at court hearings.
The prosecution alleged that the accused had formed a gang to oppose anti-Hindu elements in the society and had conspired to target certain music festivals and shows, including the 'Sunburn' festival, which was to be held in Pune in 2017.
It is alleged that the accused had planned to disrupt the festival by throwing stones and petrol bombs and creating a ruckus using firearms.
The case against the accused involved charges under the Unlawful Activities (Prevention) Act, Indian Penal Code, Explosives Act, and Explosive Substances Act.
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CPI(M) rebel Kunhikrishnan hopes for 5,000-vote win in Payyanur
Kannur (Kerala) (PTI): CPI(M) rebel candidate V Kunhikrishnan, who contested as a UDF-backed Independent from Payyanur here, on Saturday said he was hoping to win the Assembly election by a margin of 5,000 votes.
Kunhikrishnan was expelled from the CPI(M) earlier this year after raising allegations of corruption in the party’s martyrs’ fund against sitting MLA T I Madhusoodanan.
Speaking to a TV channel, Kunhikrishnan said he had announced his candidature as a mark of protest and not with expectations of victory.
However, he said the situation had changed drastically, with a strong undercurrent within CPI(M) votes favouring him.
"The undercurrent in CPI(M) votes cannot be measured. Now people are giving a response indicating victory with a margin of at least 5,000 votes," he said.
Payyanur is considered a CPI(M) stronghold, and a defeat for Madhusoodanan there would be a major setback for the party.
On political violence in Payyanur, Kunhikrishnan said he had been facing it since filing his nomination.
"The people leading this violence should think about how long they can continue it. It is the police which has to take the initiative to stop this violence as part of maintaining law and order. But the police are not intervening at the required level," he said.
Regarding his political future, Kunhikrishnan said efforts were underway to strengthen Left groups, and discussions were being held across Kerala in that regard.
"After discussing with others, a decision will be taken," he said.
Kunhikrishnan is among six former CPI(M) leaders who either exited the party or were suspended before contesting for the UDF in the April 9 Assembly elections.
Elections to the 140-seat Kerala Assembly were held on April 9, and the counting of votes will be held on May 4.
