Law

Bhima Koregaon Case: Anand Teltumbde's Plea for Discharge Hits Recusal Hurdle

Teltumbde’s plea challenges the trial court’s dismissal of his discharge application in May 2024 by the special National Investigation Agency (NIA) court.

Bhima Koregaon Case: Anand Teltumbde's Plea for Discharge Hits Recusal Hurdle

Bombay High Court. Image: Wikimedia Commons

Dalit rights activist Anand Teltumbde has approached the Bombay High Court seeking the closure of the case against him related to the 2018 Bhima Koregaon violence.

However, when his plea was presented before a bench comprising Justices Sarang Kotwal and M.S. Modak, Justice Kotwal recused himself from hearing the matter, Bar and Bench reported.

Justice Kotwal cited his earlier involvement in deciding bail applications of other accused in the same case, such as Sudha Bharadwaj, Arun Ferreira, and Vernon Gonsalves, as the reason for his recusal.

He emphasized that propriety required the matter to be heard by a different bench to avoid any potential conflict. His earlier decisions on these bail pleas, delivered in 2019, had involved detailed discussions on various legal provisions.

The High Court order, as reported by The Indian Express, stated: “In this matter, one of us (Sarang V Kotwal, J, sitting as a single Judge, had decided three bail applications (by Sudha Bharadwaj, Arun Ferreira and Vernon Gonsalves) wherein various provisions of law were discussed. Therefore, propriety demands that the matter be heard on all aspects by a different bench. In this case, Sarang V Kotwal, J is recusing from hearing this Appeal and other matters arising out of the 2018 FIR registered with Vishrambaug police station, Pune.”

The bench subsequently directed the High Court Registry to ensure that no matter connected to the Bhima Koregaon FIR is assigned to any bench that includes Justice Kotwal.

Teltumbde’s plea challenges the trial court’s dismissal of his discharge application in May 2024 by the special National Investigation Agency (NIA) court.

He contends that the trial court overlooked key observations made by the Bombay High Court in its bail order, which he believes were relevant to his case.

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