By
Amritananda Chakravorty
In the last few months, not a single
day goes by when the Central Government has not violated constitutional norms,
or not targeted human rights defenders or dissenters. 2nd February, 2019 was no
exception. The Pune Police arrested the well-known dalit rights activist and
public intellectual, Dr. Anand Teltumbde from the Mumbai Airport at 3.25 am,
which was completely illegal and arbitrary, since the Supreme Court had granted
him interim protection from arrest till 11th February, 2019. It is important to
recall how the whole process started.
On 1st January, 2018, there was
massive violence at a gathering of dalit people at Bhima Koregaon in
Maharashtra, wherein the Hindutva groups committed large scale violence and
arson, resulting in one person’s death and injuring several others. A FIR was
filed naming two Hindutva activists, Sambhaji Bhide, and Milind Ekbote, for
inciting the crowd and instigating violence. Few days later, another FIR was
filed naming the organisers of the Bhima Koregaon gathering, and slowly, it
became evident that the Pune Police was using the Bhima Koregaon FIR to target
human rights and dalit rights activists all over India.
On 28th June, 2018, the Pune Police
arrested five activists and lawyers, Sudhir Dhavale, Rona Wilson, Surendra
Gadling, Shoma Sen and Mahesh Raut, on completely fabricated charges of maoist
activity and for inciting the Bhima Koregaon clashes. On 28th August, 2018, the
Pune Police again carried out another nationwide arrests on totally filmsy
grounds, and tried to arrest Sudha Bharadwaj, Gautam Navlakha, Vernon
Gonzalves, Arun Fereira, and Varavara Rao, through a transit warrant. Other
activists, including Dr. Anand Teltumbde, were also sought to be questioned.
On 29th August, five activists,
including Romila Thapar, approached the Supreme Court to seek an independent
investigation into the allegations, and the five arrestees were kept in house
arrest. The Court finally dismissed the petitions saying that bias was not made
out, and investigations ought to continue, but gave the five activists 30 days
to approach the competent courts for bail. Meanwhile, on 1st October, 2018,
Delhi High Court quashed the transit warrant against Gautam Navlakha on the
basis that mandatory procedures were not followed. Similarly, the Bombay High
Court quashed the plea of Pune Police to seek extension on time, in order to
file chargesheet in the case of arrest of Surendra Gadling, Soma Sen, and three
others on 24th October, 2018, which was then stayed by the Supreme Court in SLP
(Crl.) No. 9199 of 2018. Final arguments took place in Bhima Koregaon case
recently, and the judgment is awaited.
In October, 2018, the Pune Police
added Dr. Anand Teltumbde’s name as a co-accused in the Bhima Koregaon
violence, and there was an imminent fear of his arrest. He approached the
Bombay High Court seeking quashing of FIR, and grant of interim protection,
which was dismissed by the High Court in December, 2018, but interim protection
was given to him for three weeks. On 14th January, 2019, the Supreme Court
refused to interfere with Bombay High Court’s order, but extended the interim
protection till 11th February, 2019.
In complete defiance of the Apex
Court’s order, the Pune Police went ahead, and made a completely illegal arrest
on the ground that Dr. Teltumbde’s plea for anticipatory bail was rejected by
the trial court, and he was liable to be under arrest. When Dr. Teltumbde
appeared before the Pune trial court, the Court found his arrest to be absolutely
illegal, and in fact, amounted to contempt of the Supreme Court’s order of
interim protection. He was thus set free, and allowed to approach higher courts
for bail. [State of Maharashtra v Anand Teltumbde, CR No. 04 of 2018, dated
02.02.2019]
This incident again shows that there
is no let up on the systematic targeting of dalit activists and human rights
defenders, who have been highly critical of the present political regime, and
its unconstitutional measures. Dr. Teltumbde is one of the stringent critics of
the government, and a renowned public intellectual, whose scholastic works have
made a huge contribution to understanding Dr. Ambedkar’s works.
To selectively target some individuals
is actually a sinister message to all activists working with dalit groups,
adivasi issues, farmers’ rights, landless labourers to just shut up and not
dissent. It also throws light on how the Indian Judiciary is increasingly
buying the government’s narrative of human rights defenders involved in alleged
maoist activity, and not objecting to the blatant misuse of the draconian law
like Unlawful Association Prevention Act, 1967 (‘UAPA’). Even when the High
Courts try to follow the criminal law procedures scruplously, the Supreme Court
is just letting these trumped up charges exist, and not quashing them in the
guise of ‘independent investigation’, which we all know has become a farce now.
It’s hoped that Bombay High Court sees through the charade that is happening in
the case of Dr. Teltumbde and grants him bail at least. (IPA Service)
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