Bombay HC decide recuses from listening to Anand Teltumbde’s discharge plea, different Elgaar Parishad issues | Mumbai Information

Justice Kotwal stated he had heard and determined bail pleas by just a few accused within the case in his capability as a single decide. “On this matter, one among us (Sarang V Kotwal, J, sitting as a single Decide, had determined three bail purposes (by Sudha Bharadwaj, Arun Ferreira and Vernon Gonsalves) whereby varied provisions of regulation had been mentioned. Due to this fact, propriety calls for that the matter be heard on all facets by a distinct bench. On this case, Sarang V Kotwal, J is recusing from listening to this Enchantment and different issues arising out of the 2018 FIR registered with Vishrambaug police station, Pune,” the Excessive Court docket order famous.

Justice Kotwal had rejected the three bail pleas in October 2019.

The bench directed the Excessive Court docket Registry to not place the issues arising out of the stated First Data Report earlier than the bench of which Justice Kotwal is a member.

Teltumbde’s lawyer might be required to make a request to the Bombay Excessive Court docket for a listening to by an alternate or one other bench.

Teltumbde has been out on bail within the Elgaar Parishad case since November 18, 2022, when he was granted reprieve by a Bombay Excessive Court docket bench of Justices Ajey S Gadkari and Justice Milind N Jadhav. “The seizure of the incriminating materials doesn’t in any method prima facie lead to attract an inference that appellant has dedicated or indulged in a ‘terrorist act’ as contemplated underneath Part 15 of the Illegal Actions (Prevention) Act (UAPA),” the HC had noticed in its order.

Thereafter, the Nationwide Investigation Company (NIA), which took over the investigation from the Pune police in January 2020, challenged the order within the Supreme Court docket, which refused to intervene and upheld the HC order.