The Supreme Court grants interim relief in the Elgar Parishad case, allowing accused Mahesh Raut six weeks of medical bail amid ongoing UAPA proceedings and NIA opposition.
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NEW DELHI: The Supreme Court on Monday agreed to examine the bail plea of activist Jyoti Jagtap, an accused in the Bhima Koregaon–Elgar Parishad case and charged under the Unlawful Activities (Prevention) Act (UAPA). Jagtap, who has been in custody for nearly 6–7 years, challenged the Bombay High Court’s decision rejecting her bail application.
During the hearing, Senior Advocate CU Singh, representing Jagtap, argued that bail had been granted earlier on merits, but the order was stayed. He highlighted that Jagtap suffers from Rheumatoid Arthritis, an autoimmune disease affecting bones and muscles, and has been in custody for over two years since her bail order was stalled.
Justice J. Sundresh, expressing concern, remarked:
“That’s unfair. As per precedent, stays shouldn’t be routine.”
Acknowledging her medical condition, the Bench directed:
“Considering the applicant was granted bail and now seeks interim bail on medical grounds, we allow medical bail for six weeks.”
Arguments from the NIA:
The NIA opposed the bail, contending that the allegations are serious and that Jagtap allegedly transferred funds to Maoists.
Observations by the Court
A Bench of Justices MM Sundresh and Satish Chandra Sharma passed the order after Raut’s counsel highlighted that he was suffering from rheumatoid arthritis and required specialized treatment not available either in prison or at the government hospital.
The Court observed:
“The applicant is seeking interim bail on medical grounds coupled with the fact that he was actually granted bail (by the High Court). We are inclined to grant medical bail for a period of six weeks.”
Justice Sundresh, in an observation, recalled a line from an English film:
“Kill one person, you’re a murderer; kill a thousand, you’re a conqueror. That’s the only difference.”
This remark highlighted the Court’s awareness of the gravity of the allegations, as well as the need to balance individual rights with state concerns.
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Senior Advocate Aparna Bhat, also appearing for Jagtap, emphasized that the activist has already been in custody for six to seven years and that the matter is still only at the bail stage.
Background
The Supreme Court has been hearing the bail plea of advocate Surendra Gadling in connection with the Elgar Parishad-Maoist links case. Gadling has been in custody for over six years and faces allegations of supporting Maoist activities, conspiring with co-accused, and sharing confidential government information with underground Maoist groups.
He has been charged under multiple provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
The case also involves activist Jyoti Jagtap, who is an active member of the Kabir Kala Manch (KKM) group, which allegedly delivered provocative speeches during the Elgar Parishad conclave in Pune on December 31, 2017.
Authorities claim these speeches triggered violence the following day near the Koregaon-Bhima war memorial. The NIA has stated that KKM serves as a front organization for the Communist Party of India (Maoist).
Jagtap’s appeal, challenging a February 2022 special court order that denied her bail, was dismissed by the high court.
The Elgar Parishad conclave was held at Shaniwarwada, an 18th-century palace-fort in central Pune. The Supreme Court has repeatedly adjourned Gadling’s bail plea, with senior advocate Anand Grover noting that it has been postponed 11 times.
Previous hearings also included petitions by the NIA challenging bail granted to activist Mahesh Raut, who received bail from the Bombay High Court but faced a stay from the NIA pending appeal in the apex court.
Case Title:
The National Investigation Agency v. Mahesh Sitaram Raut and Anr.
Criminal Appeal No. 3048 of 2023
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Click Here to Read Previous Reports on Elgar Parishad Case
