The Bombay High Court on Wednesday asked the Maharashtra government to consider the health problems of activist Anand Teltumbde, who is custody in connection to the Bhima Koregaon case, reported Live Law.
The court’s observation came during a hearing regarding Teltumbde’s mode of conveyance for visiting his home in Maharashtra’s Chandpur village.
On March 6, the High Court had allowed the activist to visit his home between March 8 and March 10, to meet his mother after his brother’s death. Anand Teltumbde’s brother Milind Teltumbde was among the 26 alleged Maoists killed in a gunfight with security forces in Maharashtra’s Gadchiroli district on November 13.
On Wednesday, Teltumbde’s lawyer told a bench of Justice Sunil Shukre and GA Sanap that the activist would not be able to travel by train due to his poor health. Senior Advocate Mihir Desai, said that Teltumbde had undergone a spinal magnetic resonance imaging scan and his molar tooth had also been extracted, reported The Hindu. Desai said that the activist wanted to go take a flight to go home.
Teltumbde had also written a letter to the superintendent of Taloja prison, where he is lodged, saying that he intended to challenge in Supreme Court, the conditions of his travel as prescribed in the High Court order, reported PTI.
On this, the Maharashtra government said that it shows the “prisoner’s attitude”.
On Wednesday, the High Court said that Teltumbde had the legal right to challenge its order or seek modification of the travel conditions. The court then said that petitioner can file an application for modifying his travel conditions.
Desai, however, told the High Court that he has spoken to Teltumbde and the activist has no intention of challenging the High Court’s order.
The court then told the Maharashtra government: “If he is there with so many ailments then that needs to be considered. We don’t think there is any problem if you see from his point of view.”
Teltumbde is an accused person in the Bhima Koregaon case, which pertains to caste violence in a village near Pune in 2018. As many as 16 people, including Teltumbde, were arrested for allegedly plotting the violence.
Meanwhile, the High Court also decided to hear Teltumbde’s petition challenging the bail condition under section 43D(5) of Unlawful Activities (Prevention) Act, along with his bail application on merits.
Section 43D(5) of UAPA bars granting bail to an accused if the court finds that the accusations are prima facie true.
In a petition filed in October, Desai had contended that the government has not notified particular organisations as banned under the UAPA, but agencies use the “front organisation” terminology to oppose bail pleas without any oversight.
On Wednesday, Desai submitted that if the Union government failed to file its response to the petition by March 30, the High Court should hear the matter.
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