On Monday, the Bombay High Court observed that the Elgar Parishad event which was organized in December 2017 was a smaller conspiracy within the larger agenda of the outlawed Communist Party of India (Maoist). The Court also refused to grant bail to one of the accused named Jyoti Jagtap in the Bhima Koregaon violence case.
According to reports, Justices AS Gadkari and Milind Jadhav considered the evidence submitted in the court and stated that accused Jagtap was in active touch with all other co-accused in the 2018 case to further CPI (Maoist) agenda. “It is seen that the appellant was in active touch with all other co-accused working for different mask organizations to further the objectives of CPI(M). The Elgar Parishad event is thus a smaller conspiracy within the larger design and conspiracy of CPI(M) to further its agenda”, the order read.
BREAKING : #BombayHighCourt refuses bail to #JyotiJagtap, member of Kabir Kala Manch and an accused in the Bhima Koregaon – Elgar Parishad Case.
— Live Law (@LiveLawIndia) October 17, 2022
“Appeal dismissed”#UAPA #BhimaKoregaon #ElgarParishad @NIA_India pic.twitter.com/XKsT5iadlw
The National Investigation Agency charged the accused two years after the incident happened. Jagtap, who is suspected to be a member of the banned group named Kabir Kala Manch (KKM), has been charged with violating the provisions of the Unlawful Activities (Prevention) Act (UAPA).
She filed an appeal with the High Court against a ruling of the Special NIA Court which had refused her bail plea, which the High Court upheld today. According to the Court, the CPI(Maoist) had made a thorough strategy to destabilize the democratically elected government, and Jagtap and his co-accused were part of it.
The Court further stated that the stage plays performed by KKM members and activists at the Elgar Parishad event were hostile, extremely provocative, and intended to instigate hatred and stoke passion. “KKM admittedly performed and incited hatred and passion by performing on the above agenda in the Elgar Parishad event. There is thus definitely a larger conspiracy within the Elgar Parishad conspiracy by KKM and CPI(Maoist)” the Bench added.
The Bench further alluded to some papers reportedly recovered from Jagtap, as per NIA’s submission, which underlined the involvement of the CPI (Maoist) in seeking to destabilize the country by executing systematic killings and engaging in armed combat. They determined from the statements presented to the Court that Jagtap was an active member of the Naxalite movement. The Court also observed that the evidence proved her active engagement in organizing the Elgar Parishad event from the beginning since she kept track of all money and expenses.
The Court further reiterated that there are reasonable grounds to believe that allegations put up by NIA against Jagtap as prima facie genuine. It did not find any error in the Special Court’s order and dismissed the appeal.
Elgar Parishad-Bhima Koregaon Case
The Elgar Parishad-Bhima Koregaon case pertains to an event organized at Shaniwar Wada called Elgar Parishad on December 31, 2017. The following day, i.e January 1, 2018, large-scale violence broke out at Bhima Koregaon, where lakhs of Dalits had gathered to celebrate the 200th anniversary of the Battle of Bhima Koregaon, won by the British Army—comprising mostly soldiers from the Dalit community—against the Peshwas in 1818.
An FIR was filed in connection with the violence on January 8 after which Pune Police kickstarted a probe into it. The Pune police continued the probe into the matter for 2 years after which the investigation was transferred to the National Investigation Agency in January this year. The agency said that incriminating documents and letters were found on the devices of some of the accused, tying their links to the banned CPI(M) group.
