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Elgaar Parishad case: Of 16 accused, who got bail, who remains behind bars

Telugu poet P Varavara Rao was the first accused in the Elgaar Parishad case to be released on bail in February 2021.

4 min readMumbaiUpdated: Dec 4, 2025 07:56 PM IST

The Bombay High Court granted bail to Hany Babu, accused in Elgaar Parishad case. (Express Photo)

The Bombay High Court on Thursday granted bail to former Delhi University associate professor Hany Babu, five years after his arrest in the Elgaar Parishad case. With this, 12 of the 16 accused arrested in the case are out of jail. The accused were initially arrested by the Pune police in 2018 and later by the National Investigation Agency (NIA) in 2020.

While Father Stan Swamy passed away in custody in 2021, three remain in custody, including lawyer Surendra Gadling, who was arrested in 2018, and poets-singers Sagar Gorkhe and Ramesh Gaichor, who were arrested in 2020.

Those released

Last month, singer-poet Jyoti Jagtap was released on interim bail by the Supreme Court, pending final hearing of her bail plea on grounds of long incarceration. The court also extended the interim bail granted to activist Mahesh Raut, who was granted bail by the Bombay High Court in September 2023, but his release was stayed by the Supreme Court, pending an appeal by the National Investigation Agency (NIA). The high court had said that “there is no corroboration at all” that Raut had received money from the co-accused belonging to CPI (Maoist) and that a person had been recruited through him.

In January this year, the Bombay High Court granted bail to activists Rona Wilson and Sudhir Dhawale, who were arrested in 2018, citing prolonged incarceration pending trial. The HC had observed that charges were not yet framed in the case and trial was unlikely to commence or conclude in the near future. The HC also directed a special court designated under the NIA Act to expedite trial and asked it to complete framing of charges against accused within nine months.

In May 2024, activist-journalist Gautam Navlakha was granted bail, following an order of the Supreme Court which noted that the trial will not conclude anytime soon. Navlakha was granted bail by the Bombay High Court on December 19, 2023, but he remained behind bars as the order was stayed to allow NIA to appeal in the Supreme Court.

In April 2024, activist and former Nagpur University professor Shoma Sen was granted bail on the grounds that she had been in custody for over six years and the trial had not commenced. The NIA then did not oppose her bail when asked by the court if her continued detention was necessary.

On July 28, 2023, the Supreme Court granted bail to activists Vernon Gonsalves and Arun Ferreira. The court had then said that it was unable to accept the NIA’s contention that the duo “have committed the offence relating to support given to a terrorist organisation”.

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Former IIT professor Anand Teltumbde was the first accused to be granted bail in the case on November 18, 2022. Arrested on April 14, 2020, by the NIA, his bail order states that based on prima facie material produced, “it cannot be concluded that appellant has indulged in a terrorist act”.

The first person to be released on bail in the case was Telugu poet P Varavara Rao, 82, on medical grounds for six months in February 2021. Though his bail was extended from time to time, the high court rejected his plea for permanent bail in April 2022. In August 2022, the Supreme Court granted him bail on medical grounds since he had already spent over two years as an undertrial.

Lawyer-activist Sudha Bharadwaj was granted default bail by the Bombay High Court on December 1, 2021, over three years after her arrest. In 2019, the HC rejected her bail plea, but her subsequent plea was allowed on the grounds that her detention was illegal since the court that had granted Pune police an extension to file a chargesheet under the Unlawful Activities Prevention Act did not have the power to do so.

Those still behind bars

Those who continue to be behind bars include lawyer Surendra Gadling and cultural artists and activists Sagar Gorkhe and Ramesh Gaichor. Gadling, a lawyer practicing in Nagpur and Gadchiroli, has spent over seven years in jail. Gorkhe and Gaichor have been behind bars since 2020. The trial is yet to begin before the special court. Gorkhe was recently granted interim bail for attending his law exam and was directed to surrender after it ended.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

Sadaf Modak

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More

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