"Why you kept 'war and peace' book at your home" Bombay HC asks Bhima-Koregaon case accused
Mumbai: The Bombay High Court Wednesday asked Elgar Parishad-Bhima Koregaon case accused Vernon Gonsalves to explain why he kept "objectionable material" like a copy of Leo Tolstoy's "War and Peace" and some CDs at his home.
A single-judge bench of Justice Sarang Kotwal hearing the bail plea of Gonsalves and others also said that "such books" and CDs prima facie indicated they contained some material against the State.
The classic novel about Russia during Napoleonic wars became a point of contention during the day's hearing after the Pune Police probing the case claimed that the book was part of the "highly incriminating evidence" it had seized from Gonsalves' house in Mumbai during raids conducted a year ago.
Pune Police also read out the titles of several other books and CDs allegedly recovered from Gonsalves' house which included CDs titled 'Rajya Daman Virodhi' released by Kabir Kala Manch, 'Marxist Archives' and 'Jai Bhima Comrade'; books 'War and Peace', 'Understanding Maoists' and 'RCP Review', and copies of a circular issued by the National Study Circle.
"The title of the CD 'Rajya Daman Virodhi' itself suggests it has something against the State while 'War and Peace' is about a war in another country. Why did you (Gonsalves) keep objectionable material such as books like 'War and Peace', books and CDs at home? You will have to explain this to the court," said Justice Kotwal.
Gonsalves was arrested by the Pune police under the Unlawful Activities (Prevention) Act after raids at residences and offices of several activists in connection with the Elgar Parishad case.
The police had claimed provocative speeches made at the Parishad on December 31, 2017 were responsible for the caste violence around Bhima-Koregaon village in Pune district the next day during an event to commemorate the 200th anniversary of the Battle of Bhima Koregaon. One person was killed and others were injured in the violence.
Police are probing alleged Naxal links in organising the Parishad, which was held at historic Shaniwarwada in Pune.
Other arrested accused in the case include activists and academics Shoma Sen, Rona Wilson, Sudha Bharadwaj, Arun Ferreira, and Gautam Navlakha.
Gonsalves' counsel Mihir Desai told the high court that Pune Police had based the entire case against him on the basis of some emails and letters recovered from the computers of other people.
"None of these letters or emails were written by Gonsalves, or were addressed to him. Therefore, in the absence of any cogent incriminating evidence against him, Gonsalves shouldn't be denied bail," Desai argued.
Opposing the bail application, advocate Aruna Pai, who is representing Pune Police, said while police did not find any electronic evidence against Gonsalves from the computer and hard disk recovered from his house, the raid had yielded "highly incriminating evidence" in the form of "books and CDs with objectionable titles mentioned above".
Desai countered the prosecution argument saying "mere possession" of such books and CDs "did not make Gonsalves a terrorist, or a member of any banned Maoist group".
Agreeing with defence that mere possession of such material does not make anyone a terrorist, Justice Kotwal, however, said Gonsalves will have to explain why he kept such material at his home.
The judge also said Pune Police too have to do "much explaining" to convince the court that the material found on such CDs and in the books is incriminatory against Gonsalves.
"So far, the police have failed to provide details of what was on the CDs or in the books and pamphlets recovered that linked Gonsalves to the case. Merely stating that they have objectionable titles is not enough. Have you tested these CDs? What if they turn out to be blank inside?" the judge asked.
"If you (prosecution) do not place on record the content and details of such material, the court will have to ignore them," said Justice Kotwal.
The bench also directed police to provide details of the source of the emails and letters, and their authors and recipients. The arguments are likely to continue on Thursday.
Dalits celebrate the anniversary of the Bhima Koregaon battle every year as they believe that the Army of the British comprising 'Mahars' or scheduled caste soldiers had defeated the forces of the Brahmin Peshwas.
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SC regularises interim bail granted to Gujarat-based journalist in money laundering case
New Delhi (PTI): The Supreme Court on Friday confirmed its earlier order of granting interim bail to journalist Mahesh Langa in a money laundering case linked to a matter involving an alleged financial fraud lodged by the Enforcement Directorate at Ahmedabad.
The top court on December 15 last year had granted the interim bail to Langa and fixed the case for further hearing on April 10.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi took note of the submissions of Solicitor General Tushar Mehta, appearing for the probe agency, and said the interim order is confirmed.
The bench agreed to the contention of Mehta that the observations made in the bail order shall not be construed as remarks on merits of the case. Senior advocate Kapil Sibal had represented Langa.
Earlier, opposing the bail plea, the solicitor general had said, "Journalists extorting money and saying that if you do not pay, I will write against you is a serious offence."
The bench had granted the relief and ordered a day-to-day trial in the case and imposed certain conditions on the journalist, including asking him not to write any article in any media outlet about his sub-judice case and seek any adjournments before the special court.
"The petitioner will furnish the bail bonds to the satisfaction of the designated special court under the PMLA," it said, adding, "The special court is directed to take up the case on a day-to-day basis for consideration of charge and if charge is framed, recording the statements of all the nine witnesses."
The bench directed Langa and his counsel in the trial court to extend "full cooperation to the special court", and said "no adjournment shall be sought or permitted on the ground that quashing proceedings are separately pending before the high court".
It said this condition is being imposed as the high court has not granted a stay on the trial proceedings.
"The Directorate of Enforcement shall also cooperate with the special judge for taking up the case on a day-to-day basis," the apex court said.
Langa will be at liberty to raise all legal contentions, objections and defence pleas, and place the material for the special court's consideration in accordance with law, it added.
"The petitioner shall not publish or write any article in his position as an assistant editor of a newspaper with respect to the allegations, which are sub-judice against him, before the special judge at Ahmedabad," the bench said.
It also made it clear that the interim bail is being granted subject to the petitioner's "good conduct and behaviour".
On July 31, last year, the Gujarat High Court rejected Langa's bail plea in the case on the grounds that if he is granted the relief, prejudice would be caused to the prosecution case.
On February 25, 2025, the ED said it arrested Langa in connection with a money-laundering investigation linked to an alleged financial fraud.
The journalist was first arrested in October 2024 in a Goods and Services Tax (GST) fraud case.
The money laundering case against Langa stems from two FIRs filed by the Ahmedabad Police on charges of fraud, criminal misappropriation, criminal breach of trust, cheating and causing wrongful loss of lakhs of rupees to certain people.
