Thread by @lawbarandbench

#BombayHighCourt to shortly hear the appeals challenging rejection of regular bail and temporary bail by Special #Nia Court filed by #BhimaKoregaon accused Anand Teltumbde.

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Bench of Justices SB Shukre and GA Sanap also have Teltumbde’s writ petition listed on board which challenges provisions of UAPA and misuse of frontal organisations.

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Hearing begins.

Sr Adv Mihir Desai gives brief backgound on Teltumbde.

Desai: The application was for temporary bail to go meet his mother after his brother’s death.

Court: Can he visit his house with escorts?

Patil: Let him go there and come back with an escort. But if the request is for bail for a few days. Then I may request for sometime..

Patil: The seriousness is that who has died was a wanted accused who died in an ambush.

Court: Escorts don’t have to bear the travel charges, they can travel train.

PP Sangeeta Shinde: Escort charges have to borne based on the seriousness of the charges.

Court: Sudha Bharadwaj did not have serious charges?

PP: Similar charges, but then she lost her father and immediately the next day she was permitted to meet.. his brother passed away in October

Court: so if it is immediate, then State bears cost, otherwise not? You are saying he should not meet his mother?

Court: Death is a death. He may be an accused, he may have been involved in activities.. but then ultimately he was present applicant’s brother. There has been a loss of human life!

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Court: What happens if he has to stay there? How long does it take?

ASG: Milords are better aware of that.. (*laughs*)

Court: That is true.. there is a Sevagram express, where one of the coach is then attached to another train and it goes till Chandrapur.

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Desai: If he has to stay he will stay with his mother..

Court: Chandrapur is close to Gadchiroli which is infested with such activities…

Desai: Whatever Milords deem fit.

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Court: If he is taken by Sevagram then he will reach by 11.30 and then we don’t know where he stays.

ASG gives the area name.

Court: okay so that is not far from the station. 10-15 mins.

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Court: Can he be permitted to stay at his house?

Desai: The others were allowed.

Court: When it is visit in custody, the prisoner stays in prison at night.
And we will have to give express directions for that.

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PP: Milords may direct Chandrapur central prison…

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Order: Considering the fact that the applicant has lost his brother, Milind Teltumbde in Nov 2021 and considering that he is yearning to meet his mother at Chandrapur, to offer her moral support and to perform his duty as a brother…

Order: This application calls for steps and appropriate response from the court. We partly allow the application with a view to enable the applicant to meet his mother in Chandrapur.

Order: The applicant is allowed to meet his mother in Chandrapur on March 8 and 9. To achieve the purpose of meeting his mother, he shall be taken with police escort with appropriate bandobast in a manner so as to reach Chandrapur by morning or afternoon of March 8, 2022.

Order: Thereafter the applicant shall leave Chandrapur along with police escort on March 10 at appropriate time and if some time is available before leaving, the applicant shall be permitted to meet his mother on March 10 if possible.

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Order: Applicant shall be brought back to Taloja jail under police escort on March 11, 2022.
The applicant shall be allowed to stay in Chandrapur. Travelling expenses of applicant and stay at Chandrapur shall be borne by applicant.

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Order: Expenses of police escort and other expenses for necessary expenses to be borne by Maharastra govt.

It is made clear that this application has been allowed only for him to meet his mother at her house, and hence no other person except his mother he is permitted to be met.

PP: Direction should be given to prison.

Court: However, during night, the applicant shall be put up in proper custody.

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Desai: There are two more applications. One is a writ petition..

Court: Has notice been issued in that?

Desai: No..

Court: What provisions are under challenge?

Desai: Section 43D and the provision for frontal organisation.
What is a frontal organisation has a procedure.

Order: The petition challenges legality and validity of section 43D on the grounds that the conditions stipulated therein are harsh. That the conditions stipulated in earlier enactmemts also are considered while considering bail pleas.

Order: In the harshness of the condition, and unreasonable restriction results in taking away right to liberty of an accused in arbitrary manner.

Rder: The writ petition questions the ambiguity in the expression of frontal organisation appearing in item 24 and 25 of first schedule.

Order: And contains that the ambiguity has potential of arbitrary banning an organisation without the members knowing about the ban imposed.

Order: Issue notice for final disposal at admission stage. ASG Singh waives for NIA and UOI. Issue notice to Attorney General. SO after 4 weeks.

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