The release of activists Vernon Gonsalves and Arun Ferreira, who are accused in the Elgar Parishad-Maoist links case, might face delays as a special NIA (National Investigation Agency) court has rejected their pleas for temporary cash bail.
The court has imposed additional conditions for their bail, requiring the accused to furnish a PR (personal recognizance) bond of Rs 50,000 each and refrain from making statements to the media about the case.
Cash bail is a process where the accused pays a sum of money to secure their release from jail, while a bond involves a written agreement between the accused and the court. The bond process is slightly more time-consuming than cash bail.
The Supreme Court, on July 28, granted bail to both activists, acknowledging that they had been in custody for five years. However, the apex court directed them not to leave Maharashtra and surrender their passports to the police. Additionally, they were instructed to use only one mobile each and inform the NIA of their addresses as the agency continues its investigation into the case.
Despite the Supreme Court’s ruling, the special NIA court, presided over by Judge Rajesh Katariya, denied the activists’ requests for release on cash bail. Instead, the court directed them to furnish a personal bond of Rs 50,000 each and provide two sureties of a similar amount, a process that could take longer to complete.
A lawyer associated with the case expressed that they would endeavor to fulfill the required formalities by Friday to facilitate the release of the activists.
As per the additional conditions set by the special court, the activists are prohibited from making any statements about the case in any form of media, including print, electronic, or social media platforms.
Furthermore, they have been mandated to attend court proceedings unless exempted from personal appearance. Additionally, they have been instructed not to engage in any activity related to the case for which they are under investigation.
The court emphasized that the accused must not attempt to contact or communicate with co-accused or any other individuals involved in similar activities. Any domestic or international calls made to persons indulging in such activities through any mode of communication are strictly prohibited.
Moreover, the special court warned the activists against tampering with prosecution witnesses, whether directly or indirectly through intermediaries.
The court also ordered that the activists must not attempt to abscond or evade justice. Additionally, they have been instructed to avoid any gatherings of visitors at their residences.
Vernon Gonsalves and Arun Ferreira were arrested in August 2018 for their alleged roles in the Elgar Parishad-Maoist links case and have been in judicial custody since then.
Out of the 16 activists arrested in connection with the case, three are currently out on bail. Scholar-activist Anand Teltumbde and lawyer Sudha Bharadwaj are out on regular bail, while poet Varavara Rao has been granted bail on health grounds.
Furthermore, activist Gautam Navlakha is presently under house arrest in accordance with the Supreme Court’s direction.
The Elgar Parishad conclave, which took place on December 31, 2017, in Pune, allegedly received funding from Maoists, according to the Pune police. The inflammatory speeches delivered during the event purportedly led to violence at the Koregaon-Bhima war memorial in Pune the following day, as alleged by the police.
