Bombay HC grants extended temporary bail to Elgar Parishad accused

Bombay High Court has extended temporary bail for activist Ramesh Gaichor, accused in the Elgar Parishad-Maoist links case, after prison authorities delayed his earlier release despite court orders. Gaichor was finally released from Taloja jail on Wednesday night, nearly two weeks after being granted three-day bail on humanitarian grounds.

The matter was raised again before a high court bench headed by Justice A.S. Gadkari, after Gaichor’s counsel Mihir Desai moved an application stating that the activist had not been released. Desai informed the court that prison authorities had insisted on a release warrant from the trial court, despite a clear high court order dated 26 August allowing Gaichor to visit his ailing father.

The bench came down heavily on the authorities for what it described as blatant non-compliance with judicial orders. The judge orally remarked that the activist was being harassed unnecessarily, and such actions by jail officials undermine the authority of the court.

On Thursday, the superintendent of Taloja Central Jail submitted an affidavit before the court, tendering an unconditional apology for the delay. The affidavit stated that Gaichor had been released late on Wednesday night in accordance with the original bail order.

Following this, the court accepted the apology and modified its earlier order, extending Gaichor’s temporary bail until 13 September to ensure that he is able to spend time with his father, who is reportedly in poor health.

In its earlier order, the high court had noted that Gaichor had not seen his 76-year-old father since his arrest in September 2020. The court took a humanitarian view, allowing him limited release. Prior to this, a special NIA court had rejected his plea for interim bail, stating that the father's ailments were normal age-related conditions and not serious enough to justify temporary release.

Gaichor is one of several activists arrested in connection with the Elgar Parishad case, which has been ongoing for several years and remains under investigation by the National Investigation Agency (NIA).

The case stems from an event called the Elgar Parishad, held in Pune on 31 December 2017, to commemorate the 200th anniversary of the Battle of Koregaon-Bhima. According to the prosecution, speeches made during the event were provocative and led to violence the following day near the Koregaon-Bhima war memorial, located on the outskirts of Pune.

Authorities allege that the event had links with banned Maoist groups and claim that several attendees, including Gaichor, were part of a larger conspiracy to incite unrest. The accused have been charged under various provisions of the Unlawful Activities (Prevention) Act (UAPA), a stringent anti-terror law.

The case has drawn widespread attention both domestically and internationally, with several rights groups expressing concern over the prolonged incarceration of activists and the slow pace of the judicial process.

Gaichor’s temporary release now comes as a rare instance of relief in a case marked by delays and recurring questions about the use of anti-terror legislation against civil society members.

With PTI inputs