[Bhima Koregaon] Anand Teltumbde, Gautam Navlakha, Vernon Gonsalves move NIA Court for temporary bail after HPC recommendation to decongest jails

Bhima Koregaon accused Gautam Navlakha, Vernon Gonsalves and Dr. Anand Teltumbde have moved the Special Court, which hears cases under the National Investigation Agency (NIA) Act, for interim bail..The application has been filed in the light of the Supreme Court directions to States to constitute high powered committees to consider release of prisoners to prevent over crowding in prisons in view of COVID-19 pandemic. The three accused sent their applications to the Taloja Central Prison Authorities, who in turn, forwarded the same to the Special Court for consideration of the applications on merits. .Speaking to Bar and Bench, Sunil Ramanand, the Additional Director General of Police and Inspector General of Police, Maharashtra, informed that as per the Minutes of the High Power Committee (HPC) meeting held on May 7 and 11, 2021, it had recommended certain conditions in relation to overcrowding of prisons and remand homes..The Supreme Court had left it open to the HPC to determine the category of prisoners, who should be released depending upon:the nature of offence, orthe number of years to which he or she has been sentenced, or the severity of the offence with which he or she is charged with and is facing trial, orany other relevant factor, which the Committee may consider appropriate..It also recommended that applications of the prisoners who fall in the category as determined by the HPC and who are of the age of 65 years and above and having co-morbidities, shall be considered more sympathetically notwithstanding the rejection of their earlier application, if any.In light of these recommendations, the three applicants all above the age of 65 years, approached the prison administration with their applications for temporary release from bail in light of the pandemic..Ramanand stated that all of the approximately 16,000 applications they received after the HPC meeting, were sent to the respective courts for their judicial consideration as the prison administration was only acting as a facilitator to ensure that these applications reach courts. "We have no concern with the content of the applications. That the Courts will consider and apply their judicial minds to the merits of each case," Ramanand said. .Special Judge DE Kothalikar has now directed NIA to file their responses to these applications. .Gonsalves was arrested in 2018, while Navlakha and Teltumbde had been arrested in 2020 for their alleged involvement in the riots which started in Bhima Koregaon, Pune after the Elgar Parishad event of 2018.They have been detained since then. Their applications for release on default bail (due to delay in filing of chargesheet), medical and bail on merits have been rejected by the Special Judge so far.