[Bhima Koregaon] Criticism of government, PM Modi not sedition, UAPA: Accused to NIA court

Ramesh Gaichor and Sagar Gorkhe, accused in the Bhima Koregaon case of 2018, have approached the Special Court under the National Investigation Act seeking bail..The members of the allegedly banned organization Kabir Kala Manch, were arrested by the NIA in 2020 and charged with sedition under Section 124A of the Indian Penal Code and terrorist activities under the Unlawful Activities (Prevention) Act (UAPA) for allegedly making inflammatory performances at the Elgar Parishad event which led to the riots at the Bhima Koregaon event..Advocate Nihalsingh Rathod appearing on their behalf, argued that the material which the NIA had submitted against them failed to make out a prima facie case under the UAPA.The allegation of the prosecution specifically against the duo was that they performed a skit at the Elgar Parishad event, which was about “peshwai” (rule of Peshwas) versus Lokshahi (democracy), and the script allegedly affected the peace and tranquility..“Except for the comments I made against a political party and comments against policies, there is nothing against me. Whatever I have said to criticise the government is very well within my right of freedom of speech and also my duty,” Rathod submitted..He pointed out that an FIR was registered against the duo in 2018, however they were not arrested until 2020 after the NIA took over the investigation.He stated that there was no evidence with the NIA to show that the applicants were not cooperating with the investigation.Rathod further added that they had been in custody since 2020, a chargesheet had also been filed against them, and there was no reason to continue keeping them in custody in the present case..Rathod submitted that the Elgar Parishad event, which was supposedly the cause of the riots, was organised for discussion on the anti-casteist ideology, but somehow the prosecution claimed that the event was to propagate ideas against the government.“For it to be a terrorist act, there has to be violence with weapons and agenda. But in the entire event, no one was killed, no one was called upon to be killed. There was no talk of violence at all,” Rathod argued..In order to substantiate his arguments, Rathod showed the Court the utterances during the skit and portions of speeches made in the event.He read out one of the speeches by a woman, whose son had committed suicide, which the persons in the event termed as “institutional murder”.In her short speech she called for a collective ‘samajik ladha’ (fight for a social cause) against the prevalent casteism in the society.The other speeches also were only criticising a political party, BJP, which was the ruling party then and now..Rathod submitted that the NIA had not shown so far how the speeches even spoke ill about India, or called for an armed rebellion, or any action against the government of India.“I was merely saying that the party is casteist in nature. Where is the sedition in this? They are saying they will defend constitution and democracy. I have every right to criticize the government. BJP-RSS do not constitute country. They do not constitute nation. They have taken a jibe against Modi, against his policies. How is this sedition?” Rathod argued..Rathod contended that the chargesheet was also silent on how the duo committed any act which could be termed as terrorism to be prosecuted under the UAPA Act. The only violent act which happened in the entire episode was the riots for which other persons were accused and there had been no investigation against them, not even recording of a statement. There was nothing to call Elgar Parishad a “terrorist act” or propagation of CPI (Maoist) ideology, Rathod emphasised..He apprised the Court of a 2013 case of the UAPA registered against Gorkhe and Gaichor. He informed that after spending 4 years in prison, the two were enlarged on bail by the Supreme Court and they complied with every stringent bail condition that had been imposed on them..The Special Judge DE Kothalikar will hear NIA’s arguments on the bail plea on December 1, 2021.