28-07-2023 : The Supreme Court of India has granted bail to Vernon Gonsalves and Arun Ferreira, who were facing charges under the Unlawful Activities and Prevention Act (UAPA) for their alleged Maoist links in the infamous 2018 Bhima Koregaon case. The bail order was pronounced by a bench of the Supreme Court, presided over by Justice Aniruddha Bose and also comprising Justice Sudhanshu Dhulia.
The Court’s decision to grant bail to the accused duo came after they had been in custody for over five long years. While acknowledging the serious nature of the allegations against them, the Apex Court emphasized that mere allegations cannot be the sole basis for denying bail and continuing their detention during the trial.
The ruling overturned the previous order of the Bombay High Court, which had denied bail to Gonsalves and Ferreira on October 15, 2019. The Supreme Court directed that they be released on bail, subject to certain conditions to be imposed by the Special NIA Court.
Among the conditions set by the Supreme Court, the accused are required to remain within the State of Maharashtra until the conclusion of the trial. They must surrender their passports and provide the NIA with their addresses and mobile phone numbers. Only one mobile connection will be permitted during this period, and their mobile phones must be charged continuously and their locations shared with the NIA officer for live tracking. Additionally, they are obligated to report to the investigating officer once a week.
During the proceedings, Senior advocate Rebecca M. John, representing Vernon Gonsalves, highlighted the similarity between Dr. Teltumbde’s bail granted by the Bombay High Court last year and the evidence presented in the present case, urging the Court to consider this parity.
The case against Vernon Gonsalves and Arun Ferreira stems from their alleged involvement in the Bhima Koregaon-Elgar Parishad case, and both are charged under the stringent UAPA (Unlawful Activities and Prevention Act) of 1967 for their purported Maoist connections.
On behalf of the National Investigation Agency (NIA), Additional Solicitor General of India (ASG) K.M. Nataraj referred to a 2021 Supreme Court judgment in Union of India versus K.A. Najeeb, wherein bail was granted to a UAPA accused. The ASG emphasized that factors such as prolonged incarceration exceeding five years, lack of progress in witness screening by the prosecution, and a maximum punishment of eight years on conviction were considered in Najeeb’s case, but none of these apply in the present case.
The ASG further argued that, considering the gravity of the alleged offenses and the evidence presented, the length of incarceration alone cannot be the sole grounds for granting bail.
Addressing the petitioners’ claim for parity with the Bombay High Court’s bail order for Dr. Anand Teltumbde, a scholar, writer, and activist, the ASG asserted that the evidence against Dr. Teltumbde was limited to his alleged membership in the banned Communist Party of India (Maoist) (CPI-Maoist). In contrast, the allegations against Gonsalves and Ferreira were of a more severe nature.
The Apex Court had reserved its judgment on March 3, after thoroughly considering all the submissions from the respective parties, probe agencies, and petitioners in the case.