The National Investigation Agency (NIA) has vehemently opposed the bail plea of Mahesh Raut, an accused in the Elgar Parishad - Bhima Koregaon case, arguing that it is unjustifiable for someone charged under the Unlawful Activities (Prevention) Act (UAPA) to seek bail on constitutional grounds when their actions are contrary to the interests of the State and society.
In response to Raut's bail plea invoking Articles 14 (right to equality) and 21 (right to life and liberty) of the Indian Constitution, the investigating agency has filed an affidavit stating that Raut's alleged acts were detrimental to society. The NIA argues that seeking relief on constitutional grounds is unfounded when the accused's actions themselves are against the welfare of the state and society.
Impact on National Unity, Integrity, Security, and Sovereignty
The NIA emphasizes that Raut's alleged acts directly impact the unity, integrity, security, and sovereignty of India. Drawing attention to the Naxalite-Maoist insurgency that has afflicted the country, the agency asserts that this insurgency, led by the Communist Party of India (Maoist), has caused significant harm to the lives of people, including the police. Raut is considered one of the individuals involved in promoting such subversive activities against the nation, making him ineligible for any relief due to the gravity of the offense and its implications for the State.
According to the NIA's affidavit, the agency possesses evidence demonstrating that the Communist Party of India (Maoist) provided Raut with Rs 5 lakh, along with co-accused Surendra Gadling and Sudhir Dhawale. Raut was arrested by the NIA in June 2018 for his alleged involvement in the Bhima Koregaon violence during the Elgar Parishad conclave. After his bail plea was rejected by a special NIA court in November 2021, Raut approached the High Court.
Raut's Background and Bail Hearing
Raut claims to be a forest rights activist who studied in Nagpur and Nashik. He completed his studies at the Tata Institute of Social Sciences (TISS) in 2011 and pursued a fellowship on conflict zones. Additionally, he was a former fellow of the prestigious Prime Minister's Rural Development Programme and worked with the Gadchiroli Collector. The bail plea of Raut will be heard by a division bench of Justices Ajey Gadkari and SG Dige on July 12.
