Maharashtra government has filed an affidavit in SC in the arrest of the five activists by Pune Police last week alleging they had links with Naxals in instigating the Bhima Koregaon violence.
The reply of the state, a 21-page affidavit has come a day before the hearing is to take place on a petition filed by Romila Thapar and four other activists. Rebutting the observation by the court that mere dissent in a democracy should not be punished, the state has said, "It is, however, submitted that the instant case is a case in which five accused persons for whose benefit the present petition is filed are not arrested based upon any dissenting expressed by them or difference in their political or other ideologies." Varavara Rao, Vernon Gonzalves, Arun Ferreira, Sudha Bharadwaj and Gautam Navlakha were arrested on August 26. However they were kept under home intervention after SC intervention next day.
The affidavit further states, "during the course of an intense investigation since the date on which the FIR is registered as pointed out herein, serious criminal offences are made out and incriminating material has emerged against them. This Hon'ble Court would be satisfied from the below-mentioned facts that, this Hon'ble Courtesy is not dealing with somebody ’s freedom of speech, freedom of conscience or freedom to hold and express views. This Hon’ble Court is dealing with persons against whom cogent evidence has so far come on record showing that they are active members of the banned terrorist organization namely, Communist Party of India [Maoist], and they are involved in not only planning and preparing for violence but were in the process of creating large-scale violence, destruction of property resulting into chaos in the society as per the agenda prepared by the Communist Party of India [Maoist], which was banned as a terrorist organization in 2009."
The state said that the persons arrested along with the one absconding underground accused, as part of well thought out criminal conspiracy arranged public meetings under the banner of ‘Elgaar Parishad’. It appears clearly that “Elgaar” is a corrupted version of “Yalgaar” which means “the attack”.
