The special UAPA court has rejected scholar and activist Anand Teltumbde's plea of discharge in the Elgar Parishad case, observing that material presented by the prosecution raises suspicion and is required to be tested in the trial.
Rejecting the plea, Special Judge Rajesh Katariya relied on the evidence presented by the prosecution in the form of transcripts of the speeches at Elgar Parishad and various letters, including those recovered from co-accused Rona Wilson.
'Grave suspicion'
"There are specific allegations against the applicant being involved in the conspiracy of commission of crime. There is material which prima facie reveals about the involvement of applicant in the alleged conspiracy. The material placed disclosed grave suspicion in the matter. Whether or not those allegations are true is a matter which cannot be determined at the stage of framing of charge," the judge said.
The court said determination of the evidence and rival contentions can take place only on conclusion of trial, adding that "mitigating circumstances are very less and to do the ultimate justice, trial needs to be held".
Teltumbde says he is critical of Maoist ideology
Teltumbde had moved a discharge plea in April 2022 stating that he is critical of Maoist ideology. He had also claimed that the National Investigation Agency had relied on the letters found from another accused but had not verified if the letters were indeed exchanged. He had claimed that there was no material to support charges seeking to penalise terrorist activities, either against him or any other accused in the case.
