Bhima-Koregaon Case: Justice Kotwal Recuses from Prof Anand Teltumbde’s Discharge Appeal
Safiya Malik
On January 2, 2025, Bombay High Court judge Justice Sarang Kotwal recused himself from hearing an appeal filed by Professor Anand Teltumbde, a key accused in the Bhima-Koregaon case. Justice Sarang Kotwal, currently presiding over a division bench, explained his decision by citing judicial propriety. He remarked: “I think, judicial propriety must be followed, and thus, I shall not hear these matters.”
The appeal filed by Teltumbde challenges a May 2024 order of a special court in Mumbai that denied his plea for discharge from the Bhima-Koregaon case. The special court had found prima facie evidence against him to continue proceedings under the Unlawful Activities (Prevention) Act (UAPA). Justice Kotwal noted his previous involvement in related proceedings as a member of the bench that had refused to quash the First Information Report (FIR) against Teltumbde and 16 other activists accused in the same case. Given his prior rulings, Justice Kotwal considered it inappropriate to adjudicate further appeals in the matter.
Teltumbde’s case has drawn considerable attention due to its association with the Bhima-Koregaon violence of 2018 and alleged links to Maoist activities. He had surrendered to the National Investigation Agency (NIA) in 2020 following a directive from the Supreme Court. In November 2022, the Bombay High Court granted him bail, observing that there was insufficient prima facie material to establish his involvement in terrorist activities punishable under the UAPA. The Court’s order granting bail was based on the premise that mere association or participation in activities related to banned organizations does not automatically imply culpability under anti-terror laws.
Teltumbde’s current appeal concerns on challenging the special court’s May 2024 decision, which refused to discharge him despite the earlier observations of the Bombay High Court while granting bail. The special court had relied on evidence submitted by the prosecution, including alleged communications between Teltumbde and individuals linked to banned organizations, to deny his discharge plea.
The matter will now be placed before another division bench for further hearing and adjudication.
Professor Anand Teltumbde, a prominent academic and rights activist, has consistently denied the charges against him, asserting that they are politically motivated.
