The Supreme Court on Monday defers the hearing of bail pleas of two accused in Bhima Koregaon case to a non-miscellaneous day (Wednesday).
A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia was hearing the bail applications of Vernon Gonsalves and Arun Ferreira, who were arrested for alleged links with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, as well as with far-left militants.
The petitioners, Gonsalves and Ferreira, have been detained since August 28, 2018, after being arrested on suspicion of having Maoist ties in connection with the January 2018 Bhima Koregaon violence.
They have approached the Supreme Court against an order issued by the Bombay High Court in December 2021 that denied them default bail while granting the same benefit to co-accused Sudha Bharadwaj.
In May 2022, the High Court dismissed their petition seeking review of the order denying them default bail.
So far, three accused have been granted bail in the case: Sudha Bharadwaj (default bail), Anand Teltumbde (bail on merits), and Varavara Rao (bail on medical grounds)
Advocate, Mr. Kanu Agarwal on Monday informed the Bench that NIA had filed separate counter affidavits in both the cases, Justice Dhulia questioned, “We have seen your counter affidavit. What is there in the counter affidavit?”
In response, Mr. Agarwal stated that the defendants had engaged in significant offences by joining and taking part in the activities of a prohibited organisation.
“Why do you need him?” Justice Bose inquired of Mr. Agarwal.
Justice Bose expressed concern that the accused had been detained for the previous five years. He said that even though the NIA would be able to suggest terms for bail in such a situation, it could be challenging to keep them behind bars.
On the last occasion, after briefly hearing the Counsel for both sides, the Bench had directed the matter to be listed on a Non-Miscellaneous day.
The hearing was postponed until Wednesday at Mr. Agarwal’s request because the ASG (SV Raju), who was on his legs before another Bench, would be better suited to address the Bench in the matter.
