The Supreme Court assured “No Issue at All, We Will Consider It” while addressing activist Mahesh Raut’s medical release plea in the Elgar Parishad case, hearing scheduled next Tuesday.
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NEW DELHI: The Supreme Court on Monday heard the plea of activist Mahesh Raut, an accused in the Elgar Parishad case, who is seeking release on medical grounds. The matter was placed before a Bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma.
During the hearing, Raut’s counsel argued that the High Court already granted him bail, but the order could not take effect because the National Investigation Agency (NIA) had moved against it. The lawyer told the Bench,
“Bail was granted by the HC but stayed at NIA’s request and continued by this Court. He suffers from rheumatoid arthritis; JJ Hospital lacks facilities. A prison hospital report could allow proper medical examination.”
On this, Justice Sundresh observed that the Court was open to considering the medical needs of the accused. He said,
“If they want, they can file an affidavit. If the ailment needs continuous treatment, there’s no issue. Govt doctors usually play it safe and avoid serious treatment out of fear of liability.”
The counsel for Raut once again stressed the long incarceration of his client. He stated,
“I would also point out that the bail was granted by the High Court but was stayed, and that stay has been continued by this Court. He has been inside for 7 years now.”
Responding to this, Justice Sundresh said,
“No issue at all, we will consider it. Keep it next Tuesday.”
The Court will now take up Mahesh Raut’s plea for consideration on the next date.
ALSO READ: Elgar Parishad Case: Supreme Court to Hear Activist Jyoti Jagtap’s Bail Plea on Sept 8
High Court’s Observations on Jagtap’s Role
The Bombay High Court, while rejecting Jagtap’s bail plea earlier, observed that she was an active member of the Kabir Kala Manch (KKM) group. The court noted that during a stage performance at the Elgar Parishad conclave on December 31, 2017, the group raised slogans that were not only aggressive but also highly provocative.
The court remarked:
“We are of the considered opinion that there are reasonable grounds for believing the allegations or accusations of the NIA against the appellant having conspired, attempted, advocated and abetted the commission of a terrorist act as prima facie true.”
The High Court had earlier dismissed Jagtap’s appeal against a February 2022 order of a special court that had refused to grant her bail.
ALSO READ: Elgar Parishad Case: Supreme Court Defers Surendra Gadling’s Bail Hearing to September 17
NIA’s Position
The NIA has consistently maintained that the Kabir Kala Manch (KKM) is a front organisation of the Communist Party of India (Maoist). According to investigators, provocative speeches and performances at the Elgar Parishad directly contributed to the outbreak of violence at Koregaon-Bhima on January 1, 2018, a day after the conclave.
Background
Arrest and Charges:
Jagtap, also known as a singer-activist, had challenged the February 2022 order of a special court that denied her bail. Her appeal was dismissed by the High Court.
She was arrested in September 2020 and has remained behind bars for nearly four years. Investigators allege that provocative performances at the Elgar Parishad contributed to the outbreak of violence at Koregaon-Bhima on January 1, 2018, a day after the conclave.
The Elgar Parishad Conclave:
The Elgar Parishad gathering was held at Shaniwarwada, an iconic 18th-century palace-fort in central Pune. The event was organised by civil rights groups and attended by activists, lawyers, and citizens. The following day, violence erupted near the Koregaon-Bhima war memorial, sparking a chain of legal proceedings that continue to this day.
Case Title:
JYOTI JAGTAP V NATIONAL INVESTIGATING AGENCY AND ANR.
Crl. A. No. 2598/2023
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Click Here to Read Previous Reports on Elgar Parishad Case