Teltumbde cannot be arrested till Feb 22: HC

In a temporary respite for Dalit scholar Anand Teltumbde, the Bombay High Court on Monday extended his pre-arrest relief till February 22. The HC has, however, directed Teltumbde to appear before the Pune police on Thursday.

A single-judge bench of Justice Nitin Sambre further directed the police to release Teltumbde immediately, in case he is arrested for his alleged role in the Bhima-Koregaon violence case.

Teltumbde along with other human rights’ activists – Sudha Bharadwaj, Gautam Navlakha, P Varavara Rao, Arun Ferreira, and Vernon Gonsalves, is facing prosecution for their alleged roles in the violence. The activists are also accused of plotting to kill Prime Minister Narendra Modi. On Monday, senior counsel Mihir Desai, mentioned Teltumbde’s application for anticipatory bail, before Justice Sambre. He apprised the bench of the assurance given by the police, to the court, of not arresting Teltumbde, till February 12.

Desai, accordingly sought adjournment of the matter till a further date, for hearing.

Having considered the request, Justice Sambre said, “The ad-interim relief (not to arrest) is extended till February 22. The applicant to appear before the police on Thursday.”

“In case, he is arrested, he shall be released immediately after furnishing a bond of Rs one lakh,” Justice Sambre added. While speaking of the order, Desai said, “The judge has asked my client to visit the Pune police for interrogation. This will not be custodial interrogation.”

Teltumbde had moved the HC, earlier this month, after he was ‘illegally arrested and later released’ by the Pune police. He was released after a sessions court declared his arrest illegal, in view of the ‘relief’ granted to him by the Supreme Court.

The apex court had asked the police not to arrest Teltumbde at least till February 11, so as to enable him to seek relief from a competent court.

Before the HC, Teltumbde’s plea for pre-arrest relief was vehemently opposed by the police on the ground that

there is no provision of anticipatory bail in the Unlawful Activities (Prevention) Act (UAPA), which has been invoked against him and other activists.

On the other hand, Desai, appearing for Teltumbde has maintained that the anti-terrorism law provides for anticipatory bail in ‘exceptional cases.’