Supreme Court reserves verdict on bail plea of Gautam Navalakha in Bhima-Koregaon case
New Delhi: The Supreme Court Friday reserved its verdict on a plea of activist Gautam Navalakha seeking bail in the Elgar Parishad-Maoist link case of Bhima Koregaon lodged in Maharashtra.
A bench of Justices U U Lalit and K M Joseph after hearing detailed arguments from senior advocate Kapil Sibal, appearing for Navalakha and Additional Solicitor General S V Raju, appearing for NIA reserved the verdict.
The top court had on March 3, sought response from NIA on the plea of Navalakha seeking default bail in the case, saying charge sheet was not filed within the stipulated time period.
According to police, some activists allegedly made inflammatory speeches and provocative statements at the Elgar Parishad meet in Pune on December 31, 2017, which triggered violence at Koregaon Bhima in the district the next day.
The police have also alleged that the event was backed by some Maoist groups.
The high court had said that "it sees no reason to interfere with a special court's order which earlier rejected his bail plea".
Navlakha had approached the high court last year, challenging the special NIA court's order of July 12, 2020 that rejected his plea for statutory bail.
On December 16 last year, the High Court bench reserved its verdict on the plea filed by Navlakha, seeking statutory or default bail on the ground that he had been in custody for over 90 days, but the prosecution failed to file a charge sheet in the case within this period.
The NIA had argued that his plea was not maintainable, and sought an extension of time to file the charge sheet.
The special court had then accepted NIA's plea seeking extension of 90 to 180 days to file the charge sheet against Navlakha and his co-accused, activist Dr Anand Teltumbde.
Navlakha's counsel had told the high court that the NIA was granted the extension to file its charge sheet.
Sibal had said Navlakha had already spent 93 days in custody, including 34 days of house arrest, and that the High Court must count house arrest as a period of custody.
While he was under house arrest, Navlakha's personal liberties remained curtailed, Sibal had said. However, Raju, who appeared for the NIA, had argued that Navlakha's house arrest could not be included in the time spent in the custody of police or NIA, or under judicial custody.
Raju had argued that the Pune police arrested Navlakha in August 2018, but had not taken him into custody.
He had said the accused remained under house arrest, and the Delhi High Court quashed his arrest and remand order in October 2018.
The FIR against him was re-registered in January 2020, and Navlakha surrendered before the NIA on April 14.
He spent 11 days in the NIA's custody till April 25, and since then he in judicial custody in the Taloja jail in neighbouring Navi Mumbai.
Raju had argued that if the court looked from the other angle, it would see that if he (Navlakha) was arrested on August 28, 2018, he should have been enlarged on bail .
He was a free man till April 2020. He was neither on bail nor in custody. There cannot be a gap in the custody and detention period, Raju had said.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
