A special court in Mumbai has rejected a petition by the National Investigation Agency (NIA). The central agency had sought to cancel the bail of four prominent accused in the Elgaar Parishad case, but the court refused to cancel bail for these 4 accused after their appearance at the Press Club.
The plea targeted activist-lawyer Sudha Bharadwaj, poet P. Varavara Rao, and activists Arun Ferreira and Vernon Gonsalves. The court ruled that attending a public press event did not violate fundamental bail conditions as mentioned in the Elgaar Parishad case order refusing to cancel bail for the 4 accused.
NIA Alleged Violation of Bail Conditions
The probe agency approached the court following an event at the Mumbai Press Club. The NIA claimed that the accused interacted with each other during the gathering, and the Elgaar Parishad court refuses to cancel bail for the 4 accused citing the Press Club meeting as the main issue.
Prosecutors argued that this breached strict bail terms prohibiting communication among co-accused.
The agency also alleged that public speeches compromised the ongoing trial proceedings. Consequently, the NIA demanded their immediate return to judicial custody, but the special court refused to cancel the bail of these four Elgaar Parishad accused who attended the Press Club.
Court Observes Incidental Interaction Does Not Warrant Jail
The special judge dismissed the agency’s arguments after reviewing the event recordings. Notably, the Elgaar Parishad court refused, once again, to cancel bail for the 4 accused regarding the Press Club incident, stressing that mere presence at a common venue does not constitute a serious violation. Incidental exchanges of pleasantries do not amount to tampering with trial evidence.
The bench observed that personal liberty cannot be revoked over minor technical objections. In its recent order, the Elgaar Parishad court refuses to cancel bail for those 4 accused associated with the Press Club meeting.
Background of the Long-Running Elgaar Parishad Trial
The high-profile case originates from speeches delivered at the Elgaar Parishad conclave in Pune in December 2017, and it once again made headlines when the court refused to cancel the bail of 4 accused who were at the Press Club event.
Higher courts gradually granted bail to several accused on medical and prolonged detention grounds. Defense lawyers maintain that the charges are fabricated and lack direct evidentiary support, which played a role when the Elgaar Parishad court refused to cancel bail for the four Press Club accused.
The special court is currently managing pre-trial documentation before framing formal criminal charges in the Elgaar Parishad matter, where bail cancellation for 4 accused relating to the Press Club was not granted.
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