Bhima-Koregaon: Courts mum
It is no less than remarkable that even the higher judiciary in the country is attracting critical scrutiny on a frequent basis on account of judgments and silences in matters of nationwide interest. The latest example of this is the grant of what is called “default bail” by the Bombay high court earlier this week to the renowned law teacher-social activist Sudha Bhardwaj, but not to her other remaining fellow-prisoners, who are esteemed individuals in their chosen fields.
Three years ago, 16 such prominent individuals, among whom are intellectuals, writers and artists, were booked under the Unlawful Activities Prevention Act, the so-called unlawful law which was meant for dangerous terrorists but has been used with abandon in recent years to indefinitely lock up government critics. The Bhima-Koregaon (BK) case for which they were incarcerated is easily among its most egregious examples. One of the 16, Father Stan Swamy, a seriously ill 83-year old Jesuit priest famous for his exemplary work among the tribal poor, has died in custody, awaiting trial that hasn’t opened more than three years on. Another elderly and very ill poet-singer, Varavara Rao, was given medical bail with difficulty.
The release on bail of Sudha Bhardwaj is on a technicality — that her term in captivity was extended beyond the prescribed period by a sessions court that had no jurisdiction. What is amazing is that the remaining 13 prisoners in the notorious BK case continue to languish in captivity because they did not seize on the same narrow procedural technicality to make a case for bail.
The BK case flows from an Elgar Parishad conference in Pune organised on December 31, 2017, by a retired Supreme Court judge, P.B. Sawant, and a retired Bombay high court judge, B.G. Kolse-Patil, who have not papered over their connection with the conference. The State has not so far dared to go after them, but has tormented the BK-16, accusing them of being “urban Naxals”. They have been charged with a plot to assassinate the Prime Minister. This rests on supposed evidence which has been degraded as spurious by a US-based digital forensics investigation firm, Arsenal, which has made the case that forged documents were remotely placed in the hard drive of one of the 16. After this discovery, it was expected that the Bombay HC, or perhaps even the Supreme Court, would direct the police to present an explanation, rather than drag out the matter. In common perception, this is leading to the miscarriage of justice.