The Bombay High Court has underscored the critical need for a speedy trial in the 2018 Elgar Parishad-Maoist links case, stating that prolonged incarceration without trial infringes upon the constitutional right to life. Justices A S Gadkari and Kamal Khata have directed the special court to frame charges within nine months, emphasizing the urgency of commencing the trial.
The court granted bail to researcher Rona Wilson and activist Sudhir Dhawale on January 8, after they had spent over six years in pre-trial detention. The decision was based on the considerable delay in the trial process and the unlikelihood of its completion in the near future. “The long period of incarceration and the anticipated delay necessitate the release of the undertrials on bail,” the bench noted in its order.
The special NIA court has been instructed to expedite the framing of charges to ensure the trial progresses without further delay. Wilson and Dhawale are required to submit a surety of Rs one lakh each and, upon completing bail formalities, will be released from Taloja prison in Navi Mumbai. They are also mandated to appear before the special NIA court during the trial, surrender their passports, and remain within the city limits until the conclusion of the trial.
The case originated from an event held on December 31, 2017, known as the Elgar Parishad conclave, which allegedly triggered violence in Koregaon-Bhima the following day. Pune Police, who initially registered the case, claimed that the conclave was supported by Maoists and featured provocative speeches by the accused.
To date, ten out of the sixteen arrested individuals, including Varavara Rao, Sudha Bharadwaj, and Anand Teltumbde, have been granted bail. However, Mahesh Raut remains in custody following an NIA appeal against his bail in the Supreme Court, despite being granted interim bail to attend an LLB exam.
The National Investigation Agency (NIA), which took over the investigation from Pune police, has yet to frame charges against the accused. The charge sheet describes Wilson and others as key figures in an alleged plot to overthrow the state government through armed revolution, under the banner of the banned Communist Party of India (Maoist).
