Bhima Koregaon: After Aged Activists Seek Time Amidst Pandemic, SC Asks Them to Surrender in a Week

The top court had on March 6 extended till March 16 the interim protection from arrest granted to both the activists. New Delhi: The Supreme Court directed civil rights activists Gautam Navlakha and Anand Teltumbde on Wednesday to surrender to jail authorities within a week in the Bhima Koregaon violence case saying the time will not be extended now as the courts are functioning in Maharashtra. The activists – Gautam Navlakha and Anand Teltumbde – who were directed by the apex court on March 16 to surrender within three weeks, moved the plea seeking extension of time on the ground that going to jail during ongoing COVID-19 pandemic is “virtually a death sentence”. A bench headed by Justice Arun Mishra said the accused should have honoured its decision of dismissal of the anticipatory bail and the direction to surrender themselves within three weeks. “Though we expected that the accused would surrender, honouring the order of this court, they have not done so. We are told that in Bombay, the courts are functioning. It would have been appropriate for the accused to surrender as the courts are open and not totally closed. However, since the petitioners have enjoyed the protection for long, by way of the last opportunity, we extend the time granted to surrender for one week,” the bench ordered. The top court also made clear that there shall not be any further extension of time for surrendering. Also read: Maharashtra Prisoner Released on Parole Says Jails Unprepared to Handle COVID-19 Pandemic Earlier in the day, the bench reserved order on the plea of the activists after Solicitor General Tushar Mehta, appearing for the probe agency, said that this was only a mechanism to buy time and both the accused are facing serious charges. The counsel for the accused said however that they are old, having ailments, and they be granted more time to surrender. The apex court on March 16 had rejected anticipatory bail pleas of the activists, saying it cannot be said that no prima facie case is made out against them. It had however granted them three weeks to surrender themselves to the jail authorities. Earlier, the apex court, while dismissing the anticipatory bail pleas of Navlakha and Teltumbde, had said their petitions cannot be maintained in view of the bar contained in 43D(4) of the Unlawful Activities (Prevention) Act (UAPA), 1967. Section 43D(4) of the UAPA bars grant of anticipatory bail to a person accused of having committed an offence punishable under this Act. “The special leave petitions are, accordingly, dismissed. However, since the protection has been enjoyed by the petitioners approximately for one-and-a-half years, three weeks time from today is granted to them to surrender. The petitioners shall surrender their passport forthwith with the investigation agency/officer,” the bench had said. Navlakha and Teltumbde had approached the apex court challenging the decision of the Bombay High Court by which it had refused to grant them anticipatory bail in the case. The top court had on March 6 extended till March 16 the interim protection from arrest granted to both the activists.

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