We Droit Penale: ILJCC have taken an initiative of starting our blog "Droit Penale NewsLetter" this shall be maintained by few members of our organisation.
This blog shall have the latest updates regarding legal facets of the societies at large. We invite bloggers to connect with us and share views or submit articles which can be posted and shared through this blog.
The author of this blog Ayushi Dwivedi student of FIMT, GGS-IP University, and sub-editor in Droit Penale Newsletter. Currently, working as a sub-editor in Droit Penale News Head
Gautam Navlakha & Anand Teltumbe, 65-year-old
activists have one week to surrender: Ultimatum by Supreme Court.
are the facts of the case?
2018 Insurance Koregaon Violence marks the attack on visitors during the annual
celebrations in the Insurance Koregaon to mark the 200th anniversary of the
Insurance Koregaon War. The meeting was largely attended by Mahars, and
28-year-old Rahul Patangale died as a result of the anti-social elements
roaming the community. Subsequently, there were various protests across India,
resulting in one death, 30 police injuries, and over 300 detained. On 3 January
2018, Prakash Ambedkar called the Maharashtra Bandh. There have been protests
all over Maharashtra. In Mumbai, suburban trains were affected, causing the
Dabbawalas to discontinue their services.
The case was registered under the Unlawful Activities Prevention Act (UPA) alleging
Maoist links to the insurance Koregaon violence.
Why only January 1st
of 2018 was chosen?
of Koregaon of 1818 was of importance to the Dalits. On 1 January 1818, 800
troops of the British army, most of them Maher (leather workers), defeated the
numerically superior force of the Peshwa Baji Rao II. The British built the
Vijay Stambh in Koregaon in memory of the dead soldiers. In 1928, Dalit leader
B.R. Ambedkar led the first memorial ceremony here. Since then, on January 1,
every year, the Ambedkarite Dalits have gathered at Bheema Koregaon to
celebrate their victory against the 'upper caste' Peshwa rule of the Maratha
Empire, which they see as their oppressors.
What is the reason
behind the violence?
to legends, 9 Rangzeb killed and mutilated Maharaj in 1689 with Sambhaji.
Govind Mahar of Vadu Budruk (a village near Bheema Koregaon) collected the body
and performed the last rites. The monument of Sambhaji Maharaj is said to have
been built by Dalit Mahar of the village. Soon, the tomb of Govind Mahar was
built in the village after his death. The Marathas did not accept the role
played by Govind Gaikwad and the other Mahars in the last rites of the Sambhaji
Maharaj, as the Marathas of the village were surnamed Shivale (i.e. pierced),
and were often voiced in the days before the January violence. Insurance
Koregaon in 2018. They have a specific objection to a sign at the site that
acknowledges the Mahar's contribution.
Outlines of the events after the violence
March 2018, Forum for Integrated National Security (FINS), a group of mainly retired
Army officers release a report on think tank insurance Koregaon riots. The
report avoided direct involvement of Hindu leaders Milind Ekbote and Sambhaji
Bhide. Instead, it blamed the Maoists (ultra-left-wing organizations) for
instigating Dalit activists. It accused the Maharashtra police of
"apathy" and disregard of the evidence.
8, 2018, Pune police have arrested Surendra Godling, Sudhir Dhawale, Rona
Wilson, Shoma Sen, and Mahesh Raut on charges of Maoist links for inciting
riots. They alleged that the violence was triggered by a meeting of the Elgar
Parishad held in Pune the previous day. People who have nexus with banned
Maoist organizations are accused of holding the meeting.
August 28, 2018, Pune police search for nine rights activists, arresting five
of them. Among those arrested were Maoist ideologue Varvara Rao, lawyer Sudha Bharadwaj,
and activists Arun Ferreira, Gautam Navlakha and Vernon Gonsalves. The Supreme
Court has ordered them to be placed under "house arrest".
September 12, 2018, Supreme Court extends "house arrest" to 17
September 28, 2018, Supreme Court extends house arrest for another four weeks but refuses to hire a special investigation team. The first charge-sheet in the
case was filed in November 2018 against six people arrested in June 2018. In
February 2019, Sudha Bharadwaj, Varavara Rao, Arun Ferrera, and Gonsalves filed
an associated charge sheet. The charge sheet does not contain the name of the
novel and the telthumb.
The investigation into the case was taken up by Maharashtra police in February.
March 16, a bench of Justices Arun Mishra and MR Shah dismissed the special
leave petitions filed by them challenging the February 15 rulings of the Bombay
High Court, which denied pre-arrest bail on the ground that there was a prima
The bench said the petitions for anticipatory bail could not be conducted in
view of the equipment collected by the investigating agency.
Court referred to Section 43d (4) of the UAPA, which states that no prior bail
should be granted if the court is satisfied with the existence of the prima
The bench of Justice Arun Mishra and Indira Banerjee made it clear that there will
be no extension of time. The jury is of the view that the accused are expected
to surrender in accordance with the court's orders on March 16.
the bench gave the petitioners three weeks to surrender but now the court
ordered to surrender themselves within a week.