Supreme Court Adjourns Hearing on Bail Plea in Elgar Parishad-Maoist Links Case

The Supreme Court on Thursday adjourned the hearing of a bail plea filed by advocate Surendra Gadling and activist Jyoti Jagtap, who were arrested in connection with the Elgar Parishad-Maoist links case.

The bench, consisting of Justices M M Sundresh and Rajesh Bindal, postponed the hearing for two weeks. In the same session, the Court also deferred the hearing on a petition filed by the National Investigation Agency (NIA), which challenged the bail granted to activist Mahesh Raut by the Bombay High Court.

NIA’s Challenge Against Mahesh Raut’s Bail

Raut had been granted bail by the Bombay High Court, but the order was stayed after the NIA sought a stay in order to challenge the decision before the Supreme Court.

Gadling’s Role

Surendra Gadling, an advocate, has been accused of providing support to Maoist insurgents and conspiring with co-accused individuals, some of whom are absconding. He faces charges under the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC). The prosecution claims that Gadling provided sensitive information, including maps of certain areas, to underground Maoist rebels. Additionally, Gadling allegedly instructed Maoists to oppose the operations at Surjagarh mines and encouraged local communities to join the Maoist movement.

Gadling’s involvement extends to the Elgar Parishad-Maoist links case, which is centered around the alleged provocative speeches delivered at the Elgar Parishad conclave in Pune on December 31, 2017. The police claim these speeches incited violence near the Koregaon-Bhima war memorial in Pune district the following day.

Jyoti Jagtap’s Role & Allegations

Jyoti Jagtap, an activist and member of the Kabir Kala Manch (KKM), was also involved in the Elgar Parishad case. The Bombay High Court had previously stated that Jagtap was an active member of KKM, which is accused of delivering highly provocative and aggressive slogans during their performance at the Elgar Parishad conclave. The court noted, “We are of the considered opinion that there are reasonable grounds for believing the allegations or accusations of the NIA against the appellant having conspired, attempted, advocated, and abetted the commission of a terrorist act as prima facie true.”

According to the NIA, the Kabir Kala Manch is a front organization for the Communist Party of India (Maoist). The court had earlier dismissed Jagtap’s appeal challenging the February 2022 decision of a special court, which had denied her bail.

The Aftermath

The Elgar Parishad conclave, held on December 31, 2017, took place at Shaniwarwada, a historic 18th-century palace-fort in Pune. The event has been at the center of controversy due to the alleged inflammatory speeches made during the gathering. Following the conclave, violence erupted near the Koregaon-Bhima war memorial, which the police attribute to the provocative speeches delivered at the event.

As the case progresses, the legal and political ramifications remain significant, with ongoing debates about the role of activists, freedom of expression, and national security. The Supreme Court’s upcoming hearing will be closely watched as it continues to examine the involvement of these individuals in the broader case surrounding the Elgar Parishad and Maoist links.