Supreme Court to hear on Friday NIA’s plea against HC’s bail to Teltumbde | India News – Times of India


NEW DELHI: The National Investigation Agency on Tuesday challenged in the Supreme Court a November 18 order of the Bombay high court granting bail to Anand Teltumbde, facing charges under Unlawful Activities (Prevention) Act for his alleged involvement in activities of the banned CPI (Maoist) party.
Solicitor general Tushar Mehta mentioned the NIA appeal for urgent hearing before a bench led by CJI DY Chandrachud and said the HC had stayed the operation of the order granting bail till Friday. The bench was ready to hear the appeal in the afternoon, but the SG said the ASG, who would be arguing the case, was unavailable. The bench then posted the appeal for hearing on Friday.
The NIA said the HC’s observations contrast with the views of the SC, which while dealing with Anand’s anticipatory bail plea in March 2020 had said, “We are of the prima facie opinion that it cannot be said that no prima facie case is made out”. The anti-terror probe agency said, “The HC erroneously granted bail to Teltumbde by conducting a mini-trial and a roving inquiry analysing each and every document as well as the statements of witnesses recorded by the magistrate (under Section 164 of CrpC), which was contrary settled judicial principles laid down by the SC”.
The HC, while granting bail, had said it was of prima facie opinion that it could not be concluded that Teltumbde had indulged in any terrorist activity and the material produced by the agency didn’t inspire confidence to attract UAPA. The NIA alleged that Teltumbde was instrumental in organising fact-finding missions on the directions of CPI (Maoist), which had allocated Rs 10 lakh for the purpose of his international campaign and visits in furtherance of CPI-Maoist’s agenda. Anand is the brother of Milind Teltumbde who was eliminated in an encounter with security forces. Milind was deeply inspired by Anand.
It said the HC “perused the charges and the chargesheet in isolation and made observations that would influence the trial, thus erring to notice that laws dealing with national security and national integrity should not be interpreted with a strict yardstick as compared to other laws”.
Teltumbde was arrested by the NIA in April 2020. On July 12 last year, a special court in Mumbai had rejected his bail plea saying, “Upon perusal of the documents, including the exchange of emails and the statements of the witnesses relied upon by the prosecution, and after cross-checking the truthfulness of allegations made against the applicant, this court doesn’t find that the accusations are inherently improbable or wholly unbelievable.”





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