Maoist ideologue and writer-activist Varavara Rao was last week granted interim bail by the Bombay High Court in the Elgar Parishad―Bhima Koregaon violence case. Granting the 81-year old Rao bail on medical grounds, the bench comprising Justices SS Shinde and Manish Pithale had ruled that as there were inadequate facilities in the Taloja jail hospital, which is where the octogenarian Maoist activist was lodged, it was a “genuine and fit” case for granting bail in view of Rao’s advanced age.
In opposition to the bail relief provided by the Bombay HC, tribals and Dalits from Naxal-affected areas of Madhya Pradesh and Chhattisgarh have petitioned to the Chief Justices of the Supreme Court and the Bombay High Court, demanding an inquiry into Justice SS Shinde and all the cases he has ruled on.
The letter has been written by members of the Communist Himsa Peedit Adivasi Aur Dalit Sangharsh Samiti, an organisation for tribals and Dalits affected by the violence wreaked upon by Naxal militants.
The Samiti is based in the Naxal-affected Balaghat district in Madhya Pradesh.
In a letter dated 24 February 2021, the petitioners have detailed Varavara Rao’s history with Maoist militancy and his connections with underground Naxal organisations. They have also asked that the judge who granted the bail relief to Rao be shown the conditions in areas affected by Naxal violence.
#BREAKING वरा वरा राव को जमानत देने वाले मुंबई उच्च न्यायालय के जज एस एस शिंदे के जांच की मांग की है मध्यप्रदेश के नक्सल प्रभावित ट्रायबल और दलितों ने
Tribal n Dalit Victims of Naxal Maoist Communist violence sought inquiry of Bombay HC Judge SS Shindehttps://t.co/vSCPZulcic— Legal Rights Observatory- LRO (@LegalLro) February 28, 2021
Rao’s role in the Bhima Koregoan case
Varavara Rao was arrested on August 28, 2018 for his alleged involvement in the Bhima-Koregaon violence on January 1, 2018. An FIR filed in Pune alleged that on the eve of the 200th anniversary of the Battle of Bhima Koregaon, an evening programme called Elgar Parishad had been organised, in which noted Leftist activists and underground Naxalite groups had participated. Police claimed that speeches delivered at the event on December 31, 2017, were partly responsible for inciting violence the next day.
Pune police had even arrested Rao in connection with an alleged conspiracy to assassinate Prime Minister Modi in June 2018.
“Our blood boils on hearing Varavara Rao’s name”, states letter by victims of Naxal violence
“We are villagers affected by Naxal-Maoist-Communist violence, living in Naxal-affected areas of Madhya Pradesh and Chhattisgarh states. Recently, the Bombay High Court’s Justice SS Shinde granted bail to infamous Maoist leader Varavara Rao, which has caused us grief, and we would like to present our views on the matter”, the letter states.
Speaking of Varavara Rao’s role in the spreading of Maoist terror, the letter goes on to state, “Hearing Varavara Rao’s boils the blood of thousands of tribal and Dalit villagers like us who are affected by Naxal Communist terror. People like you have prosecuted Maoist killers on a national scale.”
“Under such circumstances, the granting of bail to a terrorist by Justice SS Shinde without consulting thousands of affected Dalits and tribals like us, and only listening to the submissions of Rao and the National Investigation Agency (NIA) is in itself highly condemnable”, the letter states.
The Bombay High Court bench comprising Justices SS Shinde and Manish Pithale ― the same bench that granted bail to Varavara Rao ― also upheld the bail granted to an alleged ISIS fighter, with a bail bond of only ₹1 lakh.
The letter then goes on to address Justice Shinde. “We request Justice Shinde that in order to gather information and experience on Maoist terror, he along with his family, come to regions affected by Maoist Communist violence. Stay here for a few days so that you come to realise how Naxal killers tear apart limb from limb and gouge out the eyes of people, thus killing their helpless victims”, the letter adds.
“If Justice Shinde is fortunate enough, as a representative of the Indian judiciary system (a system which the Naxals consider illegitimate), Justice Shinde or his family members would grant the Maoist Communists a happy chance at torturing them”, the letter notes in harsh terms.
Petitioners demand probe on Justice Shinde
The letter adds that Justice SS Shinde’s history of judicial rulings inspires fear and is of great concern. The letter says that the pattern of the verdicts in his recent cases is dangerous and that he comes across as very partial and suspicious. The letter also raises questions as to why the cases concerning ruling parties always go to the bench comprising Justice Shinde.
The letter also puts into words the petitioners’ anguish over whether noted Jesuit priest and another Maoist Communist ideologue Stan Swamy would be released similarly by the court.
“We Naxal-affected people request that a committee of Supreme Court judges be formed to investigate the cases so far ruled on by Justice Shinde and that the Supreme Court order the Income Tax department to conduct an inquiry into illegal assets, if any, accrued by Justice Shinde”, the letter says.
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