NIA can't label me terrorist without attributing any act of violence, Teltumbde tells HC while seeking bail in Elgar case

Anand Teltumbde. File Photo

Academic Anand Teltumbde, an accused in the Elgar Parishad-Maoists links case, told the Bombay High Court on Wednesday that the National Investigation Agency (NIA) had labelled him a terrorist without attributing to him any direct act of violence.

Teltumbde's counsel Mihir Desai told the high court that while the NIA had claimed in its charge sheet in the case that Teltumbde was part of terrorist organisations and that he abetted terrorist activities, he had not been charged directly for any particular act of violence in the case.

For one to be called a terrorist, there must be an act of violence, Desai told a bench of Justices S B Shukre and G A Sanap.

He was arguing on Teltumbde's behalf, seeking bail for him in the case.

"It is going to be my argument that a terrorist activity involves some type of violence. Now, it is not even their case that I was involved in any violence. In that case, you (NIA) cannot say that I (Teltumbde) am a terrorist," Desai argued.

Desai further argued that while the Unlawful Activities Prevention Act (UAPA), under which Teltumbde and his co-accused have been charged in the case, imposed stringent restrictions on geabt of bail, the high court must keep in mind several Supreme Court judgements, which mandate that an accused must not be kept behind bars endlessly without a trial, or in cases where trials went on for long.

The trial in the present case is not likely to begin anytime soon, he said.

"Anand Teltumbde has written 16 books on the issue of caste in India. He is active in civil rights movements since 35 years. He's reached the zenith in his career as well," Desai said.

"There are certain letters that have been found (by the NIA) from the computer of one Rona Wilson (co-accused), and they apparently say that one 'Anand' was involved in certain anti-national activities," Desai said.

He argued that while hearing the bail plea, the high court will have to consider that even if eventually the authenticity of the said letters was probed in court and they were admitted as evidence, would the mere mention of the name Anand be adequate to convict Teltumbde in the case.

"If the court feels that I (Teltumbde) cannot be convicted based on the evidence before the court then I will be entitled to bail," Desai said.

The high court will continue hearing the plea further on Thursday.

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