Editor's Pick: Vernon Gonsalves, Arun Ferreira get bail in Bhima-Koregaon case

The Supreme Court on Friday granted bail to activists Vernon Gonsalves and Arun Ferreira, accused in the Bhima-Koregaon case. They had spent five years in jail. The court highlighted that merely holding literature propagating violent acts or participation in seminars will not constitute a ‘terrorist act’ under the draconian Unlawful Activities (Prevention) Act (UAPA),1967. The 54-page judgment also held that mere association or the professing of association with a terror organisation is not enough to attract the offence of “membership” of such an outfit. It held that the National Investigation Agency (NIA) has to “prima facie establish” that a person is associated with a terror organisation with the intention to further its terrorist activities. Only then can “appellants be brought within the fold of the offence relating to membership of a terrorist organisation”, held a Bench headed by Justice Aniruddha Bose. The case pertains to the Elgar Parishad conclave held in Pune on December 31, 2017, which was funded by Maoists, as per the Pune police. The inflammatory speeches made there led to violence at the Koregaon-Bhima war memorial in Pune the next day in which one person was killed, the police had alleged. Other activists arrested in the case were Sudha Bharadwaj, P. Varavara Rao and Gautam Navlakha. While Ms. Bharadwaj and Mr. Rao got bail earlier, Mr. Navlakha is under house arrest. The NIA had produced letters and statements, literature and books allegedly recovered from the residences of the two activists. The agency had claimed that these writings contained “extreme left-wing ideology and its application to India”. “There is nothing against the appellants to prima facie establish that they had indulged in the activities which would constitute overawing any public functionary by means of criminal force or the show of criminal force… Mere holding of certain literature through which violent acts may be propagated would not ipso facto attract the provisions of Section 15(1)(b) [terrorist act],” Justice Bose, who authored the judgment, held. “Considering the fact that almost five years have elapsed since they were taken into custody, we are satisfied that the appellants have made a case for grant of bail,” the judgment reasoned. Imposing bail conditions, the court directed them to surrender their passports. The Central government adopted a hardline approach to the case, and got bail denied to everyone. One of those held, Father Stan Swamy, died in prison; there were reports that some of the evidence may have been remotely planted on their devices. In an editorial, after Ms. Bharadwaj was granted ‘default bail’ (which comes into play when an accused completes 90 days in prison without a charge sheet being filed nor an order extending the time limit), The Hindu said that the courts must examine the merit of sweeping claims in the charges and pay heed to Supreme Court judgments that have granted bail even under UAPA if the trial is unlikely to be completed in the foreseeable future. The Hindu’s Editorials Needless accommodation: On the judiciary and the term of the Enforcement Directorate head Mercury rising: On an ‘era of global boiling’ The Hindu’s Daily News Quiz According to the recently-passed Forest Conservation Amendment Bill, by when does India aim to reach net zero emissions? 2050 2035 2085 2070 To know the answer and to play the full quiz, click here. [logo] Editor's Pick 29 July 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Vernon Gonsalves, Arun Ferreira get bail in Bhima-Koregaon case The Supreme Court on Friday granted bail to activists Vernon Gonsalves and Arun Ferreira, accused in the [Bhima-Koregaon case](. They had spent five years in jail. The court highlighted that merely holding literature propagating violent acts or participation in seminars will not constitute a ‘terrorist act’ under the draconian Unlawful Activities (Prevention) Act (UAPA),1967. The 54-page judgment also held that mere association or the professing of association with a terror organisation is not enough to attract the offence of “membership” of such an outfit. It held that the National Investigation Agency (NIA) has to “prima facie establish” that a person is associated with a terror organisation with the intention to further its terrorist activities. Only then can “appellants be brought within the fold of the offence relating to membership of a terrorist organisation”, held a Bench headed by Justice Aniruddha Bose. The case pertains to the Elgar Parishad conclave held in Pune on December 31, 2017, which was funded by Maoists, as per the Pune police. The inflammatory speeches made there led to violence at the Koregaon-Bhima war memorial in Pune the next day in which one person was killed, the police had alleged. Other activists arrested in the case were Sudha Bharadwaj, P. Varavara Rao and Gautam Navlakha. While Ms. Bharadwaj and Mr. Rao got bail earlier, Mr. Navlakha is under house arrest. The NIA had produced letters and statements, literature and books allegedly recovered from the residences of the two activists. The agency had claimed that these writings contained “extreme left-wing ideology and its application to India”. “There is nothing against the appellants to prima facie establish that they had indulged in the activities which would constitute overawing any public functionary by means of criminal force or the show of criminal force… Mere holding of certain literature through which violent acts may be propagated would not ipso facto attract the provisions of Section 15(1)(b) [terrorist act],” Justice Bose, who authored the judgment, held. “Considering the fact that almost five years have elapsed since they were taken into custody, we are satisfied that the appellants have made a case for grant of bail,” the judgment reasoned. Imposing bail conditions, the court directed them to surrender their passports. The Central government adopted a hardline approach to the case, and got bail denied to everyone. One of those held, Father Stan Swamy, died in prison; there were reports that some of the evidence may have been remotely planted on their devices. In [an editorial]( after Ms. Bharadwaj was granted ‘default bail’ (which comes into play when an accused completes 90 days in prison without a charge sheet being filed nor an order extending the time limit), The Hindu said that the courts must examine the merit of sweeping claims in the charges and pay heed to Supreme Court judgments that have granted bail even under UAPA if the trial is unlikely to be completed in the foreseeable future. The Hindu’s Editorials [Arrow][Needless accommodation: On the judiciary and the term of the Enforcement Directorate head]( [Arrow][Mercury rising: On an ‘era of global boiling’]( The Hindu’s Daily News Quiz According to the recently-passed Forest Conservation Amendment Bill, by when does India aim to reach net zero emissions? - 2050 - 2035 - 2085 - 2070 To know the answer and to play the full quiz, [click here](. 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