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Month: July 2020

HC Directs NIA & State To Inform About Conditions In Byculla Jail Where Sudha Bharadwaj Is Lodged

HC Directs NIA & State To Inform About Conditions In Byculla Jail Where Sudha Bharadwaj Is Lodged

Live Law / by Nitish Kashyap

The Bombay High Court on Friday while hearing an appeal filed by lawyer and tribal rights activist Sudha Bharadwaj directed the National Investigation Agency and state government to take instructions regarding the prevailing conditions in Byculla jail and the social distancing measures being implemented in light of the Covid-19 pandemic.
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HC SEEKS DETAILS OF JAIL WHERE SUDHA BHARADWAJ IS LODGED

Hindustan Times / by KAY Dohiya

On Friday, while hearing the application of Bharadwaj, the bench of Justice SS Shinde and Justice Madhav Jamdar was informed by senior advocate Yug Choudhary that the conditions in Byculla women’s prison were deplorable due to congestion and as Bharadwaj suffered from co-morbidities there was a threat to her well-being and hence should be granted interim bail… The court directed the prison authorities and state to submit an affidavit regarding enlisting the condition of inmates in Byculla women’s prison and posted the matter for hearing on July 17.
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SC Adjourns State’s Appeal Seeking Setting Aside Of Gautam Navlakha’s Transit Remand Order

SC Adjourns State’s Appeal Seeking Setting Aside Of Gautam Navlakha’s Transit Remand Order

Live Law / by Sanya Talwar

The Supreme Court on Friday adjourned an appeal moved by State of Maharashtra against the Delhi High Court order setting aside Gautam Navlakha’s transit remand.
A bench of Justices Arun Mishra, S. Abdul Nazeer & Indira Banerjee allowed the State Government to file a compilation earmarking list of dates along with a convenience in the appeal which has contended that the habeas corpus petition filed by Navlakha before the High Court is not maintainable. For this purpose, the State Government has gone on to cite two Supreme Court judgements – State of Maharashtra v. Tanseem Rizwan Siddique and Saurabh Kumar v. Jailor, Koneil Jail.
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Sign petition: Justice for the BK11 undertrials

Sign petition: Justice for the BK11 undertrials

By Counterview

This is the background note for signatures sought by July 15 10:00 p.m. for an online petition to chief minister Uddhav Thackeray.

The Hon. Chief Minister of Maharashtra
Mantralaya, Mumbai
Respected Chief Minister,
We, the citizens of a democratic republic appeal to you regarding the eleven persons- Sudhir Dhawale, Surendra Gadling, Shoma Sen, Vernon Gonsalves, Arun Ferreira, Sudha Bharadwaj, Anand Teltumbde, Gautam Navlakha, Varavara Rao, Mahesh Raut and Rona Wilson accused in the Bhima Koregaon case.
Read and sign petition

BACKGROUND NOTE: INDIA’S 11 ACTIVISTS FACE ‘MALAFIDE’ INTENTIONS, POLITICAL VENDETTA, EXTRANEOUS CONSIDERATION

The Constitution of India, Article 21, guarantees protection of life and personal liberty to every individual. Yet, the rights of activists and lawyers incarcerated under the draconian Unlawful Activities Prevention Act (UAPA) since 2018 in Maharashtra jails are at grave risk due to the delay and dragging of cases since the last 24 months.
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Covid-19 in prison: Is India doing enough? / Gendering the Pandemic in the Prison

Covid-19 in prison: Is India doing enough? / Gendering the Pandemic in the Prison


Drawing by Arun Ferreira

Live Mint / by Omkar Khandekar

Vijay Raghavan, professor of criminology at Mumbai’s Tata Institute of Social Sciences, shares that Indian jails continue to be overcrowded despite efforts for decongestion…
Bail requests of those accused in the 2018 Bhima Koregaon violence case have consistently been rejected, even when some of those accused are old and have co-morbid conditions.
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GENDERING THE PANDEMIC IN THE PRISON

10/07/2020

The India Forum / by Pratiksha Baxi & Navsharan Singh

The threat of mass contagion in prisons poses specific challenges to women, children and gender and sexual minorities in prisons and other custodial minorities. Older women prisoners, detenues and undertrials in overcrowded pandemic-struck prisons have been denied bail, while pregnant women, lactating mothers, and mothers and their children, women with disabilities, and women with co-morbidities continue to be incarcerated in overcrowded prisons.
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By failing to check NIA in Gautam Navlakha case, SC has undermined the Delhi HC

By failing to check NIA in Gautam Navlakha case, SC has undermined the Delhi HC

Scroll.in / by Sruthisagar Yamunan

The National Investigation Agency’s actions were designed to undermine the jurisdiction of the Delhi court.
For India’s higher judiciary, two elements of court proceedings have come to be regarded as sacrosanct. As courts of record, the High Courts and the Supreme Court pay close attention to precedent: rules established in previous legal cases play a strong role when a later case with similar circumstances is decided.
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Sudha Bharadwaj Denied Basic Right of Phone Calls in Jail / Interview with Maaysha

Sudha Bharadwaj Denied Basic Right of Phone Calls in Jail / Interview with Maaysha


Sudha Bharadwaj, pic: karinscheidegger.ch

The Wire / by Sukanya Shantha

Mumbai: Maaysha saw her mother, Sudha Bharadwaj, last on February 22. It was a day after Maaysha’s birthday; she turned 23 this year. In the mulaqaat (meeting) at Yerwada prison in Pune, Bharadwaj – an academic and human rights activist – was barely given five minutes to talk to her daughter who had travelled from Delhi just for this meeting.
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MAASHA FEELS PM NARENDRA MODI WON´T LISTEN TO HER PRAYERS OF RELEASING HER INNOCENT MOTHER

06/07/2020


Maaysha and Sudha Bharadwaj

News 21 / by Santoshee Gulabkali Mishra

In a lengthy telephonic interview with Santoshee Gulabkali Mishra, Special Correspondent of TheNews21, Maaysha describes her pain and struggle within and outside the system, her process of learning to cope with the situation in the entire two-year journey minus mother.
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SC Sets Aside Delhi HC Order Calling For NIA Records Of Gautam Navlakha’s Transfer

SC Sets Aside Delhi HC Order Calling For NIA Records Of Gautam Navlakha’s Transfer

Livelaw / by Radhika Roy

The Supreme Court on Monday set aside the May 27 order passed by the Delhi High Court which had directed the National Investigation Agency to produce the records pertaining to the production warrant issued for the transfer of Gautam Navlakha from Delhi to Mumbai.
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SC SETS ASIDE DELHI HC ORDER CALLING FOR NAVLAKHA´S RECORDS, EXPUNGES REMARKS AGAINST NIA

National Herald / by National Herald Web Desk

The Supreme Court on Monday set aside the order passed by the Delhi High Court calling for an affidavit from the National Investigation Agency (NIA) over Gautam Navlakha’s shift from Delhi to Mumbai. The court also directed that the remarks made by the Delhi High Court against the NIA be expunged from the order, legal news website BarandBench.com has reported.
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With no new evidence, NIA relies on Pune police case to oppose bail to Bhima-Koregaon accused

With no new evidence, NIA relies on Pune police case to oppose bail to Bhima-Koregaon accused

The Print / by Bhardra Sinha

NIA affidavits opposing the bail petitions of rights activists Sudha Bharadwaj, Varavara Rao and Shoma Sen had content similar to Pune Police’s findings in 2018 & 2019.
New Delhi: Six months after the National Investigative Agency (NIA) took over the probe in the Bhima-Koregaon violence, it does not seem to have made much headway in its investigation
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No interim bail for Sen, court says suffering from ‘some diseases’ not ground for release

No interim bail for Sen, court says suffering from ‘some diseases’ not ground for release

The Indian Express / by Express News Service

Sen, lodged in Byculla Women’s Jail, had filed an interim bail plea on medical grounds stating that she has a history of hypertension, osteoarthritis and other ailments which make her vulnerable to coronavirus.
In the detailed order rejecting interim bail to 62-year-old academic Shoma Sen a special court on Friday said the mere fact that she is suffering from “some diseases” cannot be a ground for release on interim bail.
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+++ Shoma Sen may now proceed to Bombay High Court +++