BHIMA KOREGAON CASE: NO CHARGES EVEN AFTER 5 YEARS

From Our Bureau
NEW DELHI: The Supreme Court is struck with an application by the special NIA court for an exension of one more year to frame the charges that were not done even after five years.

On January 16, the Supreme Court decided to proceed with hearing of the bail applications of activists Vrnon Gonsalves and ArunFerreire from January 30.

Last year in August while hearing Gonsalves’ plea, the apex court had given the Special Court three months’ time to decide whether charges are required to be framed against the accused or not. This three month period ended in November 2022, just when the Special Court sought an extension for another year!

The NIA has said that since the accused kept on filing applications, the court needed time to frame charges. The special court is hearing discharge pleas and informed the court that some accused are in the process of filing discharge pleas. The Special Court will first pass orders on their applications, then proceed with framing of charges, which will be the first step towards commencing the trial.

Given these developments it is pertinent to look at the timeline of the sequence of incidents through the case, right from the registration of FIRs, arrest of the accused and the duration of their incarceration. Criminal trials in India are notorious for their delays. Trials under the most stringent laws like the NIA Act fare even worse.

Bhima Koregaon Case – a Timeline

December 31, 2017:  Elgar Praishad organised by former Supreme Court judge Justice PB Sawant and former high court judge Justice BG Kolse Patil regarding the historical significance of the battle fought between Peshwa Bajirao II and the British East Indian Company. In this battle, the British won and their army included members of Mahar Dalit community whose services were rejected by the Peshwas.

January 1, 2018: Violence broke out as Hindu right wing and Maratha groups had objected to the commemoration of the event which led to the death of 2 Dalits and several others were injured.

September 19, 2022: Bombay High Court rejects Hany Babu’s bail plea

May 4, 2022: Bombay High Court rejects review petition filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira seeking default bail

May 5, 2022: Sambhaji Ekbote’s name dropped from the case

October 17, 2022: Bombay high Court denies bail to Jyoti Jagtap

November 10, 2022: Supreme Court granted Gautam Navlakha’s request for house arrest

November 18, 2022: Bombay High Court grants bail to Anand Teltumbde on merits

November 18, 2022: Supreme Court refuses to vacate order directing Gautam Navlakha’s house arrest and directs NIA’ to place him under house arrest within 24 hours

November 25, 2022: Supreme Court rejects NIA’s appeal against bail of Anand Teltumbde

November 2022: Special NIA court seeks another year of extension for framing charges

December 2022: Another report of Arsenal Consulting shows that multiple incriminating documents were planted in the computer of Father Stan Swamy

January 2022: SC has stated, on January 16 that it will hear the bail pleas of activists Vernon Gonsalves and Arun Ferreira from January 30.

December 4, 2020: Father Stan Swamy receives the straw and sipper

November 2020 to January 2021: Several bail pleas of the accused rejected

February 8, 2021: Boston based Arsenal Consulting released a forensic report stating that documents were wrongfully inserted into the hard drive of Rona Wilson using malware

February 22, 2021: Varavara Rao granted bail for six months on medical grounds

March 2021: Fr Stan Swamy’s bail plea denied by special NIA Court

May 19, 2021: While hearing Fr Swamy’s bail appeal, Bombay High Court directs JJ Hospital to form an expert panel to examine Swamy’s health

July 5, 2021: Father Stan Swamy passes away due to cardiac arrest

August 25, 2021: Special NIA court denies bail to Anand Teltumbde and Gautam Navlakha

September 22, 2021: Shoma Sen’s plea for bail on medical grounds rejected by special NIA court.

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