Pune Crime Files: A look at charges against Hindutva leader Ekbote and court observations in 2018 Koregaon Bhima violence

The police gave a clean chit to Bhide but arrested Ekbote in two offences related to the violence. But Ekbote was released on bail.

A day after the violence, on January 2, 2018, Dalit political activist Anita Sawale lodged a first information report (FIR) against Bhide and Ekbote at the Pimpri police station (then under Pune city police jurisdiction), accusing them of orchestrating the Koregaon Bhima violence. Both were booked under sections of Indian Penal Code (IPC) and SC & ST Prevention of Atrocities Act. The case was later transferred to Shikrapur police station of the Pune rural police, as the violence had occurred in its jurisdiction.

Meanwhile, based on separate complaint applications filed by political activist Sushma Andhare (who is now a senior Shiv Sena (UBT) leader) and one Jaya Ingle, police named three people – Ganesh Phadtare, Yogesh Gavhane and Anil Dave as accused in this offence.

Andhare had alleged that Bhide and Ekbote instigated violence by giving call for Koregaon Bhima “bandh” through local villagers Ganesh Phadtare and Yogesh Gavhane. The police arrested Phadtare, who was then associated with the Nationalist Congress Party (NCP), but never arrested Gavhane. There was nothing to show his role in violence. However, Gavhane’s hotel in Koregaon Bhima was ransacked and set ablaze by the rioters on January 1. Both Gavhane and Phadtare claimed no links with the Hindutva groups of Ekbote, and Bhide.

Police sources said that no accused by the name Anil Dave was found involved in Koregaon Bhima violence.

Meanwhile, the police arrested Ekbote on March 14, 2018, after the Supreme Court rejected his anticipatory bail. While opposing his bail plea before the court, the Pune rural police had alleged Ekbote as a key conspirator of the January 1, 2018, violence.

Ekbote’s counsel had argued that a police guard was deputed with him even on the day of violence, so there was no question of him committing the offence. The police guard’s statement was recorded by the investigators, which confirmed Ekbote had not visited the Koregaon Bhima area on January 1, 2018.

But Ekbote had held a press conference in Pune city and also at Hotel Sonai in Koregaon Bhima area on December 30, 2017, where he had issued a note opposing the event to mark the Koregaon Bhima battle anniversary, claiming it was divisive and against the thoughts of Dr B R Ambedkar.

It was alleged that the “pamphlet (note)” given by Ekbote at the hotel meeting was part of a conspiracy to cause violence on January 1. The police recorded the statements of the reporters present at the hotel meeting.

On April 4, 2018, a special court in Pune granted bail to Ekbote. Special judge Prahlad Bhagure stated in the bail order that the act done by the accused (Ekbote) was “in consonance of freedom of speech and expression guaranteed under the Indian Constitution. Does it amount to hatch the conspiracy by spreading his view? Nothing from the investigation papers show that because of those pamphlets, workers of the accused have participated in the commission of offence.”

The court further observed there was “no prima facie proof to accept that the accused caused the riot of January 1, 2018.”

However, Ekbote was not released, and the police arrested him in another case lodged by an assistant police inspector Nitin Lakade, who got injured during the January 1 violence. About 40 more people, including some Dalits, were named accused in this FIR of rioting. A court granted bail to Ekbote in this case too on April 17 and subsequently he moved out of jail.

Police said charge sheets have been filed against Ekbote in both the cases against him, which are pending before the court.

Meanwhile, during cross-examination before the Koregaon Bhima Commission of Inquiry in December 2019, when a lawyer questioned the complainant Anita Sawale on the presence of Bhide and Ekbote in Koregaon Bhima on January 1, 2018, and asked her whether “people were spreading rumours” about their presence, she had replied “May be true, I do not know”.