Bhima Koregaon violence: Bombay HC refuses anticipatory bail to Ekbote
Milind Ekbote Milind Ekbote
The Bombay High Court Friday refused to grant anticipatory bail to Milind Ekbote, one of the accused in the Bhima Koregaon violence case. The court held that it found no error with the order of a special court in Pune that rejected his plea for pre-arrest bail last month.
Saying it did not find that the Judge (of the special court in Pune) had failed “to carry out his duty,” Justice S C Dharmadhikari took into consideration the order by the trial court in the matter and added that the same cannot be “brushed aside.”
“We prima facie do not find any error of law with the order (of the trial court) or breach and hence dismiss the petition,” said Justice Dharmadhikari.
Ekbote is facing charges of inciting violence at Bhima Koregaon. In his anticipatory bail application, referring to the two First Information Reports (FIRs) registered against Ekbote and Manohar alias Sambhaji Bhide by Dalit activists, he claimed that he was not present at the spot of the incident but was at his residence at the time of the incident.
“He was at his home in Pune,” said Ekbote’s lawyer Nitin Pradhan.
The state government had submitted call records between the accused and other co-accused. The court further held that it will not go into the evidential value of the same. Pradhan had argued that the call records in many instances was related to a trust they are members of and had nothing to do with the incident. “Mere call records is not clinching evidence,” he added.
“The probe is still on. The police are still recording statements of victims and collecting evidence. Therefore, it will be unsafe to express any opinion on the evidence and also on the complicity, even prima facie, of the appellant (Ekbote),” the bench said.
The application said Dalit leader Prakash Ambedkar and the Kabir Kala Manch had organised the Yalgar Parishad at Shaniwarwada. “The purpose of calling the meeting was to denounce the state government..,” the application had stated, adding that the meeting was entirely political. “The inflammatory speeches made by speakers triggered the incident in question,” it said. According to Pradhan, JNU’s Umar Khalid and Gujarat politician Jignesh Mevani gave speeches that were the real cause of the violence.
Pradhan argued that the trial court had rejected the application for pre-arrest bail without calling for relevant reports from the police. “Ekbote had objected to the Yalgar Parishad and therefore was falsely implicated….for instigation there has to be express action which is completely missing. Booking him under Atrocities Act is wrong and motivated,” he said.
The prosecution had also submitted a report of a meeting held by Ekbote on January 30 in a hotel a little distance away from Bhima Koregaon. “He had gone there for a press conference as he was asked by the police not to go to Bhima Koregaon. He handed over a press note in the hotel which is not a public place. But he did not address the public,” said Pradhan.
Other evidence included the fact that Ekbote was booked for 17 offences from 2006 onwards.
While arguments were on, the court asked Pradhan if he wanted to withdraw his petition. But he said he would want the matter to be heard based on material placed before the court. The court also refused to grant Ekbote protection till he approached the Supreme Court.
Lakhs of Dalits had assembled at the ‘Jaystambh’ in Perne village on the Pune-Ahmednagar road to mark the 200th year of the battle of Bhima Koregaon. Ekbote and Bhide have been booked on charges of inciting violence, attempt to murder and atrocities against Dalits.
Following a dispute over erecting a board at the Vadhu Budruk village, clashes between Dalits and Marathas had erupted in Bhima Koregaon and adjoining villages on January 1, leaving one person dead and several others, including 10 policemen, injured.
Speaking of how people suffered owing to such incidents, Justice Dharmadhikari said, “People suffer daily and they belong to all castes and communities. Those who drive a taxi or the downtrodden don’t belong to a certain caste. Women and children had to travel for hours to get somewhere because of the stone pelting (on the day of the incident). This state is supposed to be progressive. Where is it going? One cricket match is enough to incite people.”
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