Anand Teltumbde Moves HC to Quash Criminal Proceedings
Petition said he was falsely implicated, arrest is stayed
October 20, 2018
Dr. Anand Teltumbde’s plea to quash and set aside criminal proceedings initiated against him allegedly in connection with the Bhima Koregaon case has been adjourned for Friday October 26. In the petition, Dr. Teltumbde has alleged that he has been “implicated in a false and fabricated case by acts of omissions, commissions and vengeance” on the part of Maharashtra state, the state police and others.
Dr. Teltumbde has been charged for offences registered u/s 153-A, 505(1)(b), 117, 120(b), 34 of the Indian Penal Code, 1860, and u/s 13, 16, 17, 18, 21, 18 (b), 20, 38, 39, and 40 of the Unlawful Activities Prevention Act, 2012 (UAPA).
The petition is seeking action from the court on the grounds that Dr. Teltumbde is innocent, and has been false implicated, and says that the raid on his house was wrongfully conducted in the absence of Dr. Teltumbde or his wife, and without a search warrant. Reportedly the search was conducted as the police obtained a key from the security guard, completely flouting the processes of search. The petition states that he is “not even remotely connected to the organizing or conducting of the said event,” and notes that Dr. Teltumbde’s name “has been added in the said FIR as an afterthought by the prosecution as his name is not to be found in the original FIR dated 08.01.2018”. Advocate Mihir Desai appeared for the petitioner.
The petition established Dr. Teltumbde’s long career and work as both an activist and a scholar. Right from student politics till serving as the Managing Director and CEO of Petronet India Ltd. up until 2010, Dr. Teltumbde has had an interesting and illustrious career. He has been known for his intellectual writings, especially his column in Margin Speak in India’s leading social science journal Economic and Political Weekly (EPW). He is currently the General Secretary of Committee for Protection of Democratic Rights (CPDR), as well as a renowned scholar. Advocate Mihir Desai appeared for Dr. Teltumbde.
Even on the issue of Bhima Koregaon, Anand Teltumbde was known to hold a different rather controversial opinion. He had written an article dated December 31, 2017 in the online web portal The Wire, titled ‘The Myth of Bhima Koregaon Reinforces the Identities it Seeks to Transcend’. This article had reportedly angered various sections of Dalits, and went on to establish his intellectual independence and even a “disconnect with Elgaar Parishad” or Bhima Koregaon. Here, the petition argues that it is nobody’s case that the he attended the Elgaar Parishad.
Dr. Teltumbde’s petition is seeking that the court issue a “Writ of Certiorari or any other direction or order in nature of Certiorari or any other appropriate writ, direction or order, to quash and set aside the proceedings against” him. It is also seeking that a Writ of Mandamus “or any other direction or order in nature of Mandamus or any other appropriate writ, direction or order” be issued, “directing that no coercive steps will be taken against the Petitioner by the Respondent Police”. Pending the hearing and final disposal of the petition, it has also called for a stay on criminal proceedings against Dr. Teltumbde, interim protection, and “a Writ of Mandamus or any other direction or order in nature of Mandamus or any other appropriate writ, direction or order, directing that no coercive steps will be taken against the Petitioner by the Respondent Police”.
The petition may be read here.
First published in Sabrang India.
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