Thread by @Article14live

Writer, prof & #BhimaKoregaon accused #AnandTeltumbde spent 948 days in prison before Bombay HC found no prima facie case & granted bail, challenged by NIA in SC, which on Friday will decide if he walks out of jail. @ChitrangadaC reports. 1/11

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When #SupremeCourt considers bail on Friday, it will be one of handful in 4 yrs to evaluate merit of #NIA case under anti-terror law #UAPA against 16 #BhimaKoregaon accused. SC cleared arrest of some in 2018, with current chief justice dissenting. 2/11

“Individuals who assert causes which may be unpopular to the echelons of power are yet entitled to the freedoms which are guaranteed by the Constitution," Justice D Y Chandrachud had said in 2018. "Dissent is a symbol of a vibrant democracy…” 3/11

On 18 Nov, granting bail to Teltumbde, Bombay HC, after studying 5 documents & 3 witness statements presented as evidence by #NIA, said there was no prima facie case made against the former IIT (Kharagpur) & Goa Institute of Management prof. 4/11

“Keeping a person in custody for almost 1,000 days without recording a conviction (as with writer & prof #AnandTeltumbde) is ridiculous,” former Supreme Court Justice Madan Lokur told @ChitrangadaC. “Courts have to wake up some time...” 5/11

“Courts have to be pragmatic & appreciate that there is a very heavy & unrealistic burden placed on an accused to ‘prove’ his innocence. Therefore, considerable leeway must be given to an accused & only then can an accused have a fair chance of getting bail.” 6/11

The UAPA defines “terrorism” vaguely. Individuals or groups can be designated as terrorists & no objective criteria guide the designation. The accused have no opportunity to explain their position; they are presumed guilty. 7/11

Until 2018 SC ruling called Watali judgement remains reference point for judges in #UAPA cases, there’s only limited significance of orders such as Bombay HC grant of bail to writer #AnandTeltumbde: @abhinavsekhri10 to @ChitrangadaC. 8/11

NIA challenge in #Supreme Court to Bombay HC bail to #AnandTeltumbde argues that “laws dealing with national security & national integrity should be interpreted & applied with a strict yardstick as compared to other laws.” 9/11

“Ultimately the fight remains within the, highly unfair, rules as were set out in Watali,” says @abhinavsekhri10. “What the Bombay High Court order (in Teltumbde’s case) shows is that there is enough room within that jurisprudential framework to grant bail.” 10/11

“A lot depends on how the Supreme Court decides,” says Justice Lokur. “If the order is stayed, the High Court judgement will be another statistic. If the judgement is upheld, it will give hope to thousands of under-trial prisoners.” 11/11