The National Investigation Agency on Friday moved a special court in Mumbai seeking that the bail granted to activists Varavara Rao and Sudha Bharadwaj in the Bhima Koregaon case be cancelled.

The court has directed the activists to respond to the applications, The Indian Express reported.

Rao was granted interim medical bail by the Bombay High Court in February 2021 and the bail order was confirmed by the Supreme Court in August 2022. Bharadwaj was granted default bail by the Bombay High Court in December 2021 as the agency had not filed a chargesheet within the stipulated time of 90 days.

In its applications seeking the cancellation of bail for Rao and Bharadwaj, the NIA contended that they attended a meeting at the Mumbai Press Club along with other persons accused in the case on January 19. This violated their bail conditions, alleged the agency.

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It claimed that the gathering was convened with the intention of “propagating the ideology of the proscribed organisation Communist Party of India (Maoist) and to deliberate upon the future course of action for spreading the ‘Urban Naxal’ movement…”

The bail conditions for Rao and Bharadwaj barred them from contacting or communicating with other accused persons, said the NIA.

In April, the Mumbai Press Club suspended three members for having “facilitated” the gathering on January 19. The NIA had, on May 1, sought documents from the press club related to the gathering.

A Mumbai City Civil Court on May 7 stayed the expulsion of one of the Mumbai Press Club members, Gurbir Singh.

It held that on a preliminary reading, action had been taken against him “only with an intent to prevent him from contesting the elections of the club”, according to The Indian Express.

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The case

The Bhima Koregaon case pertains to the violence that broke out near Pune on January 1, 2018, a day after a conclave called the Elgar Parishad was organised to mark the 200th anniversary of the battle of Bhima Koregaon. One person was killed in the violence and several others were injured.

The NIA has alleged that the Elgar Parishad was part of a larger Maoist conspiracy to stoke caste violence, destabilise the Union government and assassinate Prime Minister Narendra Modi. Sixteen people were arrested in the case.

But when the Supreme Court in 2023 granted bail to two persons accused in the case, it noted that the primary evidence cited by the NIA – a batch of letters – was of “weak probative value or quality”. In addition, a digital forensics firm, Arsenal Consulting, concluded that false evidence had been planted on the laptops and devices of the accused persons.

Of the 16 accused persons, 14 have been released on bail. Jesuit priest Stan Swamy, who was also accused in the case, died in prison in 2021.

Another accused man, Surendra Gadling, got bail from the Bombay High Court on May 4. However, he remains in jail as his bail application in the 2016 arson case is pending before the Supreme Court.

Written by Neerad Pandharipande. Edited by Sneha.