Supreme Court Grants Bail to Bhima Koregaon Accused Amidst Stringent Conditions

New Delhi, July 28, 2023: In a significant development, the Supreme Court on Friday granted bail to activists Vernon Gonsalves and Arun Ferreira, who were facing charges under the stringent Unlawful Activities (Prevention) Act (UAPA) for their alleged Maoist links in the Bhima Koregaon-Elgar Parishad case.

The court took into consideration their prolonged incarceration since August 2018 while making the decision.

The bench of Justices Aniruddha Bose and Sudhanshu Dhulia imposed strict conditions on the bail. The activists will be allowed to use only one mobile phone, and its location must be accessible to the investigating officer 24X7. Moreover, they are prohibited from leaving Maharashtra without the special National Investigation Agency (NIA) court’s permission and must surrender their passports to the police.

While acknowledging the seriousness of the allegations, the court emphasized that bail should not be denied solely based on the gravity of the charges. The bench set aside the earlier Bombay High Court order that rejected their bail pleas and granted them bail considering the circumstances.

The case revolves around the Elgar Parishad conclave held in Pune on December 31, 2017, allegedly funded by Maoists, where inflammatory speeches were made, leading to violence at the Koregaon-Bhima war memorial in Pune on the following day.

Last year, the accused, including Gonsalves and Ferreira, approached the Supreme Court against the Bombay High Court’s judgment refusing them default bail. They argued that there were errors in the judgment and sought bail on those grounds.

Vernon Gonsalves, a lawyer, was among the activists, lawyers, poets, and scholars arrested by the NIA in connection with the alleged inflammatory speeches at the Elgar Parishad conclave. The NIA has asserted that the accused have links with Maoists and have engaged in anti-national activities.