Pune court convicts Bhelke under UAPA, IPC sections for being part of banned CPI-Maoist

Under the IPC sections, he has been awarded punishment of five years of rigorous imprisonment (RI), fine of Rs 5,000 and simple imprisonment (SI) of one month in default of fine. Under UAPA section 20, the quantum of punishment is 8 years RI, fine of Rs 10,000 and SI of two months if fine is not paid. Under section 38 of UAPA, 7 years RI, fine of Rs 7,000 and SI of two months in default of fine has been granted. “All the substantive sentences to run concurrently,” the court order stated.

With the maximum sentence awarded being eight years, Bhelke is likely to be released from jail in a few days since he has been in custody since September 3, 2014.

Bhelke was arrested along with his wife Kanchan Nanaware from Kanhe Phata in Pune rural by the Maharashtra State Anti Terrorism Squad (ATS) headed by ACP Bhanupratap Barge in September 2014.

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Natives of Chandrapur, both Bhelke and Nanaware were alleged to be members of Golden Corridor Committee of CPI-Maoist, which allegedly aimed to spread the banned movement in the urban areas of Maharashtra and Gujarat — mainly Mumbai, Pune, Thane, Nashik and Surat. Both were later lodged at Yerwada Central Jail. Nanaware died on January 24, 2021 following prolonged illness.

Bhelke and Nanaware were initially members of Deshbhakti Yuva Manch (DYM), an alleged Maoist front in Chandrapur. The couple is later said to have joined the armed Maiost cadres in the jungles of Gadchiroli and Gondia. They were further shifted to urban belts of Pune and Mumbai by the Maoist party, police said.

According to the ATS, before arrest, Bhelke and Nanaware lived in different places in Pune, Mumbai and Raigad under different aliases.

According to the ATS chargesheet, Bhelke tried to indoctrinate and recruit some youths from the Kasewadi slum in Pune into the Maoist movement. ATS had seized several documents, handwritten papers and electronic material like laptop, pen drive, DVD and hard disc from the accused, following their arrest. Alleged secret Maoist communications were retrieved from the seized electronic devices.

While seeking conviction for Bhelke during the trial, special public prosecutor Ujjwala Pawar had referred to the alleged CPI-Maoist party documents like “Strategic and Tactics of Indian Revolution” and “Our Work in Urban Areas” seized in this case. Pawar had argued Bhelke was allegedly working as per the “cadre policy” stated in the Maoist strategy documents. Pawar had cited a letter recovered during the probe in which Bhelke allegedly mentioned sending cadres to participate in Maoist activities.

Pawar pointed out that Bhelke’s aliases like “Spandan” and “Rajan” and Nanaware’s alias “Bhoomi” have appeared in certain alleged secret letters recovered from the accused. Pawar had argued that as per the “secret agenda” stated in the strategy documents of CPI Maoists, Bhelke worked as “PR (professional revolutionaries)” of the banned group in urban areas, using fake names and procuring fake identity cards. Pawar alleged that Bhelke had sought money from the Maoist party through a letter for the medical treatment of Nanaware.

Defence counsels Rohan Nahar and Rahul Deshmukh raised doubts about the seizures with the former arguing there was nothing on record to show that seized electronic devices were in exclusive possession or ownership of the accused.

The prosecution had examined 22 witnesses in this case, including three surrendered Naxals. They had submitted that Bhelke was closely linked to Milind Teltumbde, a top Maoist operative who was gunned down last year by the police during an encounter in Gadchiroli. Nahar had argued that surrendered Naxals live at the mercy of police and there was nothing that corroborated with their submissions.

The court, however, held Bhelke guilty. He can appeal against the judgment before the high court within 30 days.