Bhima Koregaon case: Supreme Court asks NIA to file a reply on bail application of accused



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On March 1, 2023, the Supreme Court of India heard the bail applications of Vernon Gonsalves and Arun Ferreira who were arrested in relation to the 2018 caste-based violence at Bhima Koregaon, Pune. The accused was in jail for charges under the Unlawful Activities (Prevention) Act, 1967, (UAPA) in August 2018. The case was mentioned before a division bench of the Supreme Court including Justices Sudhanshu Dhulia and Aniruddha Bose. During today's hearing, the top Court asked the National Investigation Agency (NIA) to prove where both the accused encouraged others to rise up against the government. The accused approached the top Court against the order delivered by the Bombay High Court in December 2021 denying their default bail. 
Today, K.M. Nataraj, Additional Solicitor-General of India, appearing for a federal agency highlighted various records indicating the appellants' involvement in the conspiracy, during the hearing. The documents on which NIA relied suggested that both the accused in the Bhima Koregaon case brainwashed youngsters. He said, “The accused played an active role in recruiting students, illiterates, Dalits into this radical movement and encouraging them to take this revolutionary path. These gullible people would be brainwashed and would be trapped.” After hearing this statement from the Additional Solicitor-General of India, Justice Dhulia stated that “This document only indicates that they have something to do with students, and are close to students. Show us something which shows that the accused encouraged the students to pick up guns, They may not be saying ‘Bharat Mata Ki Jai’ or be cheerleaders. They may not be actively recruiting students to overthrow the government. Is there anything to indicate that they told students to procure arms or get a bomb or something like this?”
The law officer further stated that they might be receiving Bolshevik training whereas Justice Dhulia replied, “‘Bolshevik training’ is a very vague term. It could mean so many things.” Further, it was determined that the evidence against the accused in the Bhima Koregaon violence was sufficient to be recognized under Sub-section (5) of Section 43D of the UAPA. The bail pleas were then challenged by the senior counsel claimed by the two accused in the Bhima Koregaon case. The Supreme Court deferred the hearing of the Bhima Koregaon case till 3rd March 2023, after hearing the submissions of Senior Advocates R. Basant and Rebecca John appearing for Ferreira and Gonsalves respectively as well as of the Additional Solicitor General.