Bhima Koregaon judicial inquiry

Bhima Koregaon: SC Extends Interim Protection From Arrest to Navlakha, Teltumbde

Last month, the Bombay high court had rejected their anticipatory bail pleas.

New Delhi: The Supreme Court Friday extended till March 16 protection from arrest granted to civil rights activist Gautam Navlakha and Anand Teltumbde in the Bhima Koregaon case.

A bench of Justices Arun Mishra and Indira Banerjee said it would hear on March 16 the appeals filed by Navlakha and Teltumbde against the last month’s order of the Bombay High Court rejecting their anticipatory bail pleas.

The high court, while denying the anticipatory bail to Navlakha and Teltumbde on February 14, had extended the interim protection from arrest for a period of four weeks to enable them to approach the apex court.

Appearing for the activists, senior advocates Kapil Sibal and Abhishek Singhvi informed the bench that protection granted to both of them by the high court would expire on March 14 and the top court should extend it.

The Bombay High Court had on February 14 refused to grant anticipatory bail to Navlakha and Teltumbde, saying “prima facie evidence shows complicity of both the accused in the case”.

Also Read: Bhima Koregaon: Amid Demands For Fresh Probe, A Hard Look at the Case’s Discrepancies

The court, after perusing letters allegedly exchanged between the accused persons had noted that Navlakha, Teltumbde and the other accused persons like Surendra Gadling, Rona Wilson, and Sudha Bharadwaj had direct access and connections with central committee members and leaders of CPI (Maoist).

“It was revealed during the course of (the) investigation that Anand Teltumbde was (the) recipient of funds from the banned terrorist organisation,” the court had said.

Navlakha, Teltumbde and several other activists have been booked by the Pune Police for their alleged Maoist links and several other charges following the violence at Koregaon Bhima village in Pune district on January 1, 2018.

According to Pune Police, “inflammatory” speeches and “provocative” statements made at the Elgar Parishad conclave held in Pune on December 31, 2017, had triggered caste violence at Koregaon Bhima the next day. The police alleged that the conclave was backed by Maoists.

Teltumbde and Navlakha had approached the high court seeking pre-arrest bail in November last year after a sessions court in Pune rejected their pleas.

In December last year, the high court had granted them interim protection from arrest pending disposal of their anticipatory bail pleas.

Although Pune Police was investigating the case, the Centre had last month transferred the probe to the National Investigation Agency (NIA).

Bombay HC Extends Relief From Arrest to Gautam Navlakha, Others Till Thursday

A bench will hear on Thursday the activists’ petitions challenging the FIR registered against in the Bhima Koregaon case.

Mumbai: The Bombay high court on Wednesday extended the relief by a day from arrest granted to civil rights activist Gautam Navlakha, professor Anand Teltumbde and priest Stan Swamy in a case against them over the Bhima Koregaon violence and alleged links with Maoists.

A bench of Justices B.P. Dharamadhikari and Sarang Kotwal will hear on Thursday the petitions filed by the three activists, challenging the FIR registered against them by Pune Police on January 1 in connection with the Elgar Parishad event held on December 31, 2017.

The police had alleged that Maoists supported the Elgar Parishad conclave in Pune, which led to the violence.

Also Read: Bhima Koregaon: In 5,000-Page Chargesheet, Pune Police Say Activists Incited Violence

Several activists were named in the FIR. Some of them, including Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj, P Varavara Rao, and Gautam Navlakha, were initially put under house arrest on directions of the Supreme Court.

However, all of them except Navlakha were re-arrested and taken into custody by police recently.

Navlakha was released by the Delhi high court, after which he moved the Bombay high court seeking to quash the FIR against him.

Teltumbde and Swamy are yet to be arrested in the case.

Judicial Commission Begins Hearing in Mumbai on Bhima Koregaon Violence

The first witness, Manisha Khopkar, told the commission that Ambedkarites were attacked by people carrying saffron-flags and were pelted with stones.

Seven months after the Maharashtra state government set up its two-member judicial commission to look into the violence that broke out at Bhima Koregaon near Pune on January 1 and spread into other parts of the state, the commission began its proceedings in Mumbai on Wednesday. The two-member committee is headed by former Calcutta high court chief justice J.N. Patel and former state chief secretary, Sumit Mullick, as a member.

The first witness was a 44-year-old graphic designer from Thane who had travelled to Bhima Koregaon for the first time to visit the war memorial on the occasion of the 200th anniversary of the battle of Bhima Koregaon.

Manisha Khopkar, in her testimony, told the commission that she, along with 48 others – including young children and older people – had travelled to Bhima Koregaon on January 1. “But over a kilometre and half before the Vijay Stambh (the memorial built to commemorate the defeat of the Brahmin Peshwa soldiers by a Mahar Battalion of British East India Company comprising Dalits in 1818), we were stopped by other fellow Ambedkarites who were running back from the memorial. They had been attacked by some people carrying saffron flags. We decided to get off the bus, remove all the banners that could identify our affiliation with Ambedkarite movement and tried to take shelter nearby,” she told the commission. She further added that while they were taking shelter at a tea stall nearby, they were allegedly pelted with stones by a mob near Sanaswadi. “I can identify a man who was leading the mob… he could be their leader,” she told the commission.

Khotkar, who is a part of a social organisation in Thane had been to Bhima Koregaon for the first time. When the defence lawyer Niteen Pradhan appearing for prime accused Milind Ekbote questioned her why she had never been to the place ever before and was it a part of a larger conspiracy to cause commotion and disruption in the city, Khotkar told the commission, “This was the 200th year. I was aware a large number of people visit the place. I too wanted to go there. We were only simple travellers who went there to pay our homage to those who died in the war.”

Ekbote, a staunch Hindutva leader along with Manohar alias Sambhaji Bhide, also a right-wing leader have been named by some such as Prakash Ambedkar of the Bharipa Bahujan Mahasangh as the masterminds behind the violence. Ekbote was arrested in March and is currently out on bail. He was present at the commission hearing too. Bhide is yet to be arrested.

Milind Ekbote one of the prime accused in the violence at Bhima Koregaon at the state set two-member judicial commission. Credit: Sukanya Shantha

The commission is expected to complete deposition of 12 witnesses, mostly those who were injured or incurred damage in the violence at the gathering, allegedly by Hindutva groups. Khotkar, while narrating the incident informed the commission that her daughter was one among those injured in the stone pelting incident at Sanaswadi. Later when she and others affected in the incident visited the Srinagar police station at Thane, Khotkar said the police refused to register their complaints, she said. “They asked to go to the police station near the spot where we were attacked. In fact, two senior persons from our organisation who went to the police station before us were detained and the police threatened them to file a case against them,” she said.

Khotkar’s caste became a point of discussion when the commission members and the lawyers gathered there could not understand why she identified herself as a “Buddhist” and called her marriage “inter-caste” even when she is married to person from a Scheduled Caste. “Are you not a Scheduled Caste?” asked Mullick, one of the two members. Pradhan suggested her caste be noted as “Mahar”. To which, Khotkar objected and said it is unacceptable to call a Buddhist by that name. The commission eventually retain her statement as it is.

Pradhan, towards the end of the testimony, asked if the violence was initiated and instigated by Naxalites, which she denied. She also told the commission she knows nothing about the Maoist and Naxal issue. When Pradhan started using the two terms interchangeably, Justice Patel stopped him and said, “These are two different terms. Maoists are not terrorists. But that is a matter of larger discussion.”

Special public prosecutor Shishir Hiray, representing the state government told The Wire that over 200 affidavits have been filed on behalf of the Pune police, the revenue department, the state transport, Pune municipal corporation, medical wings, gram panchayats, zilla parishads and panchayat samitis, along with the victims of the violence that affected the Bahujan visitors at Bhima Koregaon on January 1 and the subsequent violence witnessed across the state on January 2 and 3.

Ekbote is one of the over 200 people who have filed their affidavits before the commission. In his affidavit, 61-year-old Ekbote claimed that as a part of his organisation Samastha Hindu Agadhi, he has been actively working at Vadhu Budruk near Bhima Koregaon. Vadhu Budruk village in Shirur Tehsil, which is less than four kilometres away from Bhima Koregaon is another significant place in the history, where the samadhi of Sambhaji – son of King Shivaji – was built.

It is alleged that Ekbote has been working closely with Maratha youth in the village and region nearby and had instigated them to damage the samadhi of one Govind Gopal (Mahar) Gaikwad next to king Sambhaji’s samadhi. The Marathas have been in dispute over the claim that Gaikwad had gone against Aurangazeb and carried out the last rites of King Sambhaji. Some people from Maratha community claim that it was their ancestors who carried out the last rite.

Replicating the Pune police’s claims, Ekbote in his affidavit has claimed that Elgaar Parishad was behind the violence in Pune and other parts of the state. “Extremely acerbic language was used against the prime minister, the chief minister and other leaders of the ruling party at this parishad. Each speaker worked towards instigating the mass,” he clams in the affidavit. This was done even when the Pune municipal corporation had categorically asked the organisers to refrain from making any political speeches.

He further claimed that the memorial is visited annually not because Dr. B.R. Ambedkar had decided to visit the site in 1927, but it was due to gangster Haji Mastan’s encouragement that such a celebration was started at Bhima Koregaon in the 1980s.

Ekbote in his affidavit claimed that he has been working closely with SC, ST and OBC communities, especially the youth and has been instrumental in the education and employment of a large section of these communities. Citing examples of his interactions with Bahujans, Ekbote says, “I have spoken about the welfare of these communities in several speeches I have delivered over past 30 years of my public life.”

He further claims that he has been given an honourary post of an “animal welfare officer” for having saved over 25,000 cows through his organisation. “I have managed to stop illegal cow slaughter in the state on several occasions,” he claims in the affidavit.

Independent Inquiry Slams Pune Police for ‘Inaction’ During Bhima Koregaon Violence

The inquiry has concluded that the violence could have been controlled had the police and state administration reacted promptly to the “premeditated” violence, and has demanded an inquiry against “erring officers”.

Mumbai: A non-official inquiry conducted by a retired high court judge and two district judges has come down heavily on the police and particularly the then superintendent of Pune police (rural) Mohd. Suvez Haq for its “inaction and inability to control the mob” that had unleashed violence on the huge gathering of Bahujans at Bhima Koregaon outside Pune on January 1.

As part of an independent inquiry initiated by anti-caste activists and social groups, Justice (retired) B. Chandra Kumar of the Hyderabad high court, along with two district judges of Maharashtra, J.H. Dongre and Manik Mhakre, had travelled to Bhima Koregaon and the nearby villages, and recorded exhaustive testimonies of the victims, bystanders and the police on duty.

The inquiry has concluded that the violence could have been controlled had the police and state administration reacted promptly to the “premeditated” violence.

The inquiry report that has been accessed by The Wire has already been submitted to the state set two- member judicial inquiry commission headed by the former chief justice of Calcutta high court J.N. Patel and Sumit Mullick, former chief secretary of the Maharashtra government.

The inquiry committee has observed that, “On January 1, a huge mob of nearly 2,000 people carrying lathis and saffron flags from Vadhu Budruk area were allowed to head towards the Vijay Stambh (the memorial built to commemorate the defeat of the Brahmin Peshwa soldiers by a Mahar Battalion of British East India Company comprising Dalits in 1818).”

The observation, which is based on the testimonies of the victims and other eye witnesses has also concluded that: “Superintendent of Police Mohd. Suvez Haq and other police officers were also present and observed the procession… No steps were taken by the police to stop this procession. Not even a suggestion was given to them not to proceed towards the places where the vehicles were parked or to the main road through which people were proceeding towards Vijay Stambh.”

Haq, soon after the riots, was transferred to the Maharashtra Anti-Terrorism Squad as the deputy inspector general and on August 8 was inducted into the CBI as a superintendent of police. Several attempts were made to reach Haq but his phone has been out of reach. The story will be updated once he responds to the report’s findings.

Justice (retired) B. Chandra Kumar. Credit: YouTube

Speaking to The Wire, Justice Chandra Kumar said that the incident could have been nipped in the bud had the police responded to the situation promptly. “The police were deployed at the spot. The SP was present there too. However, from the testimonies of the villagers and victims who were brutalised in the attack we have concluded that the police had intentionally not taken any action against the rioters. They allowed the riot to grow out of control,” Justice Chandra Kumar said.

The committee has also considered the events prior to Elgar Parishad meet at Shaniwarwada on December 31 as the reason behind the violence. The Pune police has so far arrested ten persons including lawyers, activists and academics for their alleged role in “naxal activities” and for instigating the mob and also funding the violence. However, the fact-finding committee has observed that the events that unfolded in and around Bhima Koregaon villages since December 27 and especially on December 29 at Vadhu Budruk village were behind the attack.

Contrary to some reports in the media, the committee has blamed the activities in Sanaswadi and Vadhu Budruk villages to be behind the violence. Vadhu Budruk village in Shirur Tehsil, which is less than four kilometres away from Bhima Koregaon is another significant place in the history, where the samadhi of King Sambhaji – son of King Shivaji – was built. Sanaswadi is around 7.5 km from Bhima Koregaon.

Justice Chandra Kumar, in the report, has observed that specific orders were issued at the village level three-four days prior to the January 1 celebration. Both at Vadhu Budruk and Sanaswadi, Hindutva leader Milind Ekbote has been actively working and has been allegedly instigating the Marathas against the Dalits. “Sanaswadi Gram Panchayat has passed a resolution on December 30, 2017, directing the people to observe ‘Total Bandh’ and to observe January 1, 2018, as a ‘Black Day’, the committee has observed.

Ekbote, who was arrested in March by the Pune police, was promptly released on bail. He and another Hindutva leader Manohar alias Sambhaji Bhide were named in the initial FIR for allegedly instigating the mob against the Dalits. No action has been initiated against Bhide so far and the police is yet to file a chargesheet in the case. The FIR was registered after Bharip Bahujan Mahasangh’s leader Prakash Ambedkar named the two as the masterminds behind the violence.

“Three to four days prior to 1st January 2018, several messages were sent out on WhatsApp, Facebook and other social media on behalf of Manohar alias Samhaji Bhide and Samastha Hindu Agadhi (run by Ekbote) instigating the people to observe ‘Bandh’ on 1st January 2018, in the Village Perne Phata, Bhima Koregaon, Shikrapur, Vagholi, Sanaswadi, Lonikand and nearby 10-15 villages,” the report observed. The report claims all hotels around the vicinity were specifically instructed by the two to strictly observe a bandh so that the people coming to pay respect to Vijay Stambh would not get drinking water, breakfast, lunch, etc. “A threat was also given that those who do not observe ‘Bandh’ or provide water, etc. to the people coming for paying respect to Vijay Stambh would have to face dire consequences,” the inquiry report further observed.

Justice Chandra Kumar said the incident in Sanaswadi in particular was of a peculiar nature. “The gram panchayat had passed a resolution to socially boycott thousands of Dalits travelling to Bhima Koregoan. This boycott is a clear case of caste violence. It was brought to the police’s notice. Yet, the police decided to not respond to it,” he said. The committee has also observed that there was a total failure of intelligence in securing information and in taking preventive action.

Besides the three judges, the team also comprised of lawyers and social activists from Pune. Justice Chandra Kumar said the exercise was intentionally carried out with judges and lawyers to ensure proper legal processes were followed and that the documentation was conducted without any distortion of facts.

The All India Backward and Minority Communities Employees Federation (BAMCEF), an organisation set up by the late Kanshi Ram provided the logistic support to the inquiry committee. BAMCEF along with Samata Sainik Dal founded by Dr. B.R. Ambedkar has been working actively in organising the processions and visits to Bhima Koregaon for several decades.

This is the first part of the report, the second part focusses on the protests that were organised across the state that led to indiscriminate police action against over 27000 Bahujan youths including teenage boys across Maharashtra. “That report will be finalised in a week’s time and will be submitted to the two- member judicial commission,” confirmed senior lawyer Rahul Makhre, who was also a part of the fact-finding team.

Every year over three-four lakh Dalit Bahujan and anti-caste activists travel to Bhima Koregaon on January 1 and observe ‘Vijay Diwas’ to commemorate the defeat of the Brahmin Peshwa soldiers by a Mahar Battalion of British East India Company comprising Dalits in 1818. This year, since it was the 200th year, the number of visitors had doubled and over six lakh people from across Maharashtra and neighbouring states had travelled to Bhima Koregaon. However, most had to turn back after the violence broke out.

Failure to intervene

Another revelation, the report makes, is of a phone call made by one Ramdas Lokhande to the minister of state for social justice Dilip Kamble. Lokhande, who also deposed before the committee, has apparently informed the minister over a phone call made at 9 am on January 1 that “the people (Dalits visiting Bhima Koregaon) were being obstructed outside the village and the situation was tense.”

Justice Chandra Kumar points out that this SOS call was made in desperation and with the hope of receiving help. “This was the beginning for the riot. In a few minutes, the gathered mob had attacked those heading to Bhima Koregaon, vehicles were burnt, stones were pelted and public and private property were damaged,” he said.

At 11 am, the minister reached the spot and instructed the police to act immediately. However, stones were pelted on his car too. Kamble had then reportedly made a call to Maharashtra chief minister Devendra Fadnavis between 1.30 and 2.00 pm and had sought for additional police force at Bhima Koregaon. “Even though, the Honourable Minister Dilip Kamble personally talked to the Maharashtra chief minister of at around 11 pm, the police did not deploy any additional force. Even after getting information that shops and houses were attacked and burned and even the victims were making phone calls to the police to save their shops and houses, the police have not taken any steps to save their shops and houses,” the report concluded.

In an hour, the report says, the mob had reached closer to the banks of Bhima river. By 10 am, stones – that were stored in advance at the river bank – were pelted at the visitors. According to some testimonies, rumours of pieces of meat and beer bottles being thrown at one Bhairoba temple at Sanaswadi temple were rife for nearly three-four days. “Even when these rumours were brought to the police’s notice, the police had failed to intervene,” said Justice Chandra Kumar.

Justice Chandra Kumar has called this act “a systematically planned caste violence”. “In our several rounds of meetings with the villagers, and the police and ongoing through the video recordings of the wide- spread violence, we could not find any convincing reason as to why the police could not stop the mob at its origin (near Vadhu Budruk village) itself. The police had already received complaints on December 29 about the alleged planning of riots that were underway in the neighbouring village, these complaints were also overlooked,” Chandra Kumar said.