Elgar Parishad case: Anand Teltumbde challenges 90-day extension of detention; seeks default bail before HC | Mumbai News


MUMBAI: Civil rights activist and professor, Anand Teltumbde, 60, accused of Maoist links in the Elgar Parishad case of 2018, has approached the Bombay high court to assail extension of custody granted by a special NIA court and is seeking a default bail.
Teltumbde currently lodged in Taloja jail, on Friday pleaded that a July 12 order of the National Investigation Agency (NIA) court to extend his custody by another 90 days was illegal and be set aside. The matter came up before Justice Revati Mohite-Dere, who however recused from hearing the petition. His counsel Mihir Desai and advocate R Sathyanarayanan are likely to seek a hearing again next week.
Teltumbde had surrendered on April 14 following an order of the Supreme Court. His case is that on July 12, 90 days’ custody was over and chargesheet was not filed but the NIA sought his further custody to carry out more investigation. His petition said that the Unlawful Activities (Prevention) Act (UAPA) provides for twin conditions to first be satisfied before a court can extend period for investigation and detention by another 90 days, to 180 days. The conditions are that the prosecution should file a “report indicating progress of investigation’’ and there should be “compelling reasons’’ to show detention beyond 90 days is necessary.
His plea is that though a report was filed, neither reason was satisfied. He said the trial court erred in accepting Covid-19 as a ground for not carrying out investigation. He said it was a question of individual liberty and cited a Supreme Court to plead that in case chargesheet is not filed within the stipulated 90 days accused is entitled to default bail under provisions of criminal procedure code. His plea is that trial court failed to appreciate that sufficient material has been collected during investigation by the prosecution but that chargesheet could not be submitted since “records were bulky’’ indicating that no further investigation was required.

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