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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BJP claims Kejriwal spent Rs 31 lakh monthly on maintenance of CM's bungalow from 2015 to 2022
New Delhi, Apr 5 (PTI): The BJP lashed out at AAP supremo Arvind Kejriwal on Saturday citing an RTI reply that revealed Rs 3.69 crore was spent annually between 2015 and 2022 for the regular maintenance of the former chief minister's bungalow at 6, Flagstaff Road.
Delhi BJP president Virendra Sachdeva, quoting the RTI reply, said a total of Rs 29.56 crore was spent between March 31, 2015, and December 27, 2022, on general repairs, sewage, electricity and structural works of the bungalow that was occupied by Kejriwal when he was the chief minister.
While the BJP leader asked Kejriwal to "come forward and explain what exactly was lacking in his bungalow that required Rs 31 lakh to be spent every month on its maintenance", the AAP sought to know what the ruling party would achieve by abusing Kejriwal.
The opposition party pointed out that the bungalow was a government accommodation, not Kejriwal's private property.
Sachdeva said details obtained through a Right To Information (RTI) query have shown that Rs 3,69,54,384 was spent annually on regular maintenance of the bungalow.
Kejriwal, who came to power with promises of leading a government for the common man, was exposed by his "luxurious lifestyle" at the "Sheesh Mahal" constructed "secretively at a cost of Rs 52 crore", Sachdeva claimed.
The BJP has been targeting the AAP and Kejriwal over the reconstruction works at the bungalow, describing it as a "Sheesh Mahal" for its "expensive" interiors and household goods.
"We are presenting more evidence of Kejriwal's five-star lifestyle and corruption, and we demand an immediate response from him," Sachdeva said at a press conference here.
The Delhi BJP chief said a person from Maharashtra had filed the RTI query, seeking details of the maintenance expenses on the bungalow and added that the figures revealed Kejriwal's "extravagant lifestyle" and "corruption" in government works.
"In Delhi, where one can build a decent 250-300 square yard house spending Rs 3 to 4 crore, the cost of maintenance of Kejriwal's bungalow at Rs 3.69 crore annually is astonishing," he said.
The BJP leader said that Kejriwal has been avoiding answering the questions for a long time. The people of Delhi expect him to come forward and clarify what exactly was so deficient in his bungalow that Rs 31 lakh per month was needed for its maintenance, he added.
AAP hit back, saying the BJP "betrayed" Delhi and did not provide Rs 2,500 for women and free cylinders on Holi which proved that their poll promises were just gimmick.
While Delhi is suffering due to power cuts and arbitrary fee hikes by private schools, the BJP president is busy hurling abuses at Kejriwal, the opposition party alleged.
