The objective of this article is to encapsulate the events related to Elgar Parishad case. Forum for Integrated National Security (FINS) has released a comprehensive report on Koregaon Bhima Riot and Elgaar Parishad case in March 2018. Post that, many developments have happened. This article is a succinct compilation of those basic facts.
Before Jan 1, 2018
One of the important events or incidents that led to tensions at Koregaon – Bhima on Jan 1, 2018, includes the fight at Village Vadhu on Dec 28, 2017 due to a board with provocative content put up illegally by Pandurang Gaikwad, Rajendra Gaikwad and few other people. Subsequent posts by various groups on social media due to this fight created tensions at Vadhu. Similarly, Elgaar Parishad, the literature distributed at Elgar Parishad and speeches at Elgaar Parishad further added to the tension. Elgar Parishad was organised on Dec 31, 2017 at Shaniwar Wada, Pune by approximately 200 (the number they claim) social organisations. On Jan 1, 2018, riots took place at Koregaon Bhima. Every year on Jan 1, people, especially from Dalit community, visit Koregaon Bhima in the memory of the battle of 1818 as Dr Ambedkar visited this Jaystambh in 1927 to remind the British of fighting spirit of Mahars as Mahars were banished from Army by British quoting a reason of they being ‘Non-Martial race’. The battle of 1818 was a battle between Peshwa (Maratha Army) and British. People from all castes fought from both, British and Maratha side. It was not a war for caste and definitely not a Brahmin Vs Mahar war as projected by many media channels. The organisers of Elgaar Parishad created a fake narrative that it was a battle between two castes. Out of 200 organisations, Republican Panther and Kabir Kala Manch (KKM) were the key organisations involved in creating this fake narrative.
Kabir Kala Manch was declared as Maoist front organisation on Feb 18, 2014, in Loksabha by RPN Singh, MOS, Home Ministry. Thus, it was declared as Maoist front by UPA Govt and in Maharashtra, KKM activists were arrested in 2010 for their Maoist links under Congress-NCP rule. They are on bail now. Similarly, Republican Panther was another organisation. Sudhir Dhawale of Republican Panther was arrested by Maharashtra Police in 2011 for his Maoist links and later acquitted in 2014. The FIR filed by Tushar Damgude is against activists from these two organisations only. Nobody called other organisations as Maoist Organisations.
FIR and Arrests
On Jan 8, 2018, Tushar Damgude, a resident of Pune, lodged an FIR mentioning that the performances at Elgar Parishad on December 31, 2017 were provocative in nature and had an effect of creating communal disharmony. The FIR was launched against six members of Kabir Kala Manch, which was irrefutably declared as a front organisation of CPI (Maoist) by UPA government in February 2014. The investigation progressed and based on material gathered during the investigation, concerned agencies conducted searches on April 17 and Jun 6, 2018. Documents and material recovered from these searches were sent to Forensic Science Laboratory (FSL) and cloned copies were received by Investigating Agency. On the analysis of these cloned copies of material from the first raid, sections of UAPA were applied on May 17, 2018. Based upon the seized and incriminating material, it was revealed that a few more people were part of the Criminal conspiracy and their role was vital, not just peripheral. Therefore, searches were conducted at the residences of the remaining accused and they were arrested on August 28, 2018. Names of accused arrested so far are Varvara Rao, Mahesh Raut, Vernon Gonsalves, Sudha Bhardwaj, Shoma Sen, Arun Ferreira, Sudhir Dhawale, Anand Teltumbade, Gautam Navlakha, Rona Wilson, Hany Babu.
Is this a case of political dissent? No. Is this a case of just keeping some Maoist literature at home? A big no again. Are all the arrested people accused of being present at Elgar Parishad? Not at all. They are accused of being a part of a criminal conspiracy by a proscribed terrorist organisation CPI (Maoist). According to the affidavit filed by investigating agency in the beginning, the scope of this investigation is not restricted to finding out the object and effect of the programme of Elgar Parishad organised on December 31, 2017 or to carry out the investigation into the violence that followed in Koregaon-Bhima; but, the investigation was expanded to unearth a much larger conspiracy of seizing political power. through armed revolution by mobilising masses by CPI (Maoist), a proscribed terrorist organisation.
Is this a case of political dissent? No. Is this a case of just keeping some Maoist literature at home? A big no again. Are all the arrested people accused of being present at Elgar Parishad? Not at all. They are accused of being a part of a criminal conspiracy by a proscribed terrorist organisation CPI (Maoist). According to the affidavit filed by investigating agency in the beginning, the scope of this investigation is not restricted to finding out the object and effect of the programme of Elgar Parishad organised on December 31, 2017 or to carry out the investigation into the violence that followed in Koregaon-Bhima; but, the investigation was expanded to unearth a much larger conspiracy of seizing political power. through armed revolution by mobilising masses by CPI (Maoist), a proscribed terrorist organisation.
Petitions and Bails
Romila Thapar and few others have moved a petition raising doubts over Police investigation and asked for a Special Investigation Team (SIT) to investigate. The demands were rejected by a bench of Justice Chandrachud, Justice Khanwilkar and Chief Justice Dipak Misra. Similarly, the Court took a stand that the suitors cannot determine the investigation bureau of their personal preference and rejected the appeal for the SIT. It also mentioned that crisis is only regarding the connection with the proscribed terrorist group CPI (Maoist) and not regarding various aspects and beliefs. Later Romila Thapar filed a review petition, which was heard in Oct 2018. A bench of Chief Justice Ranjan Gogoi and justices A M Khanwilkar and D Y Chandrachud has dismissed the review plea with a comment “We have perused the review petition as well as the grounds in support thereof. In our opinion, no case for review of judgment dated September 28, 2018, is made out.”
From session Court to the Supreme court, the accused have been repeatedly denied bail. Some of the accused have also tried to quash FIR or get anticipatory bail. Even that has been denied by different Courts due to the severity of offences and evidence presented by Pune Police. All the courts repeatedly said that ‘there is prima facie evidence against the accused that they were active with CPI (Maoist), a proscribed Terrorist Organisation.‘ Due to the wide scope of the case and its national and international links, the case was transferred to NIA from Maharashtra Police.
There was an article in a newspaper declaring the evidence inadmissible without any supporting reference in Court Order and Twitterati used that to propagate the rumour that evidence is inadmissible. Let the Court decide the admissibility of evidence once the trial begins.
