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Month: December 2021

NIA opposes Gautam Navlakha plea for medical bail and house arrest

NIA opposes Gautam Navlakha plea for medical bail and house arrest

Why NIA has opposed house arrest plea of Gautam Navlakha in Bombay High Court

07/12/2021

Bar & Bench / by Neha Joshi

Apart from tampering with evidence and witness, NIA opposed the plea filed by Navlakha stating that under the guise of a writ petition Navlakha is seeking regular bail.
The plea filed by Bhima Koregaon accused Gautam Navlakha praying that he be transferred from prison and placed under house arrest instead, is a waste of judicial time, the National Investigation Agency (NIA) has told the Bombay High Court.
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NIA opposes Gautam Navlakha plea for medical bail and house arrest

07/12/2021

The Indian Express / by Express News Service

The NIA, through Mumbai branch SP V Vikraman, submitted before a division bench of Justice Nitin M Jamdar and Justice Sarang V Kotwal an affidavit in reply to a plea by Navlakha.
The National Investigation Agency on Monday opposed the medical bail and house arrest plea by Elgar Parishad case accused Gautam Navlakha, who is currently lodged at Taloja Central Prison, Navi Mumbai, alleging denial of basic medical care and other necessities in jail. The agency said the petitioner did not satisfy the criteria of house arrest.
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Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

By CMM-MKC and other workers unions

Press Statement
On the granting of bail to advocate Sudha Bharadwaj by the Bombay High Court

On the 1st of December 2021, after having spent three years in jail on fabricated charges in the Bhima Koregaon case, Human Rights activist and lawyer Sudha Bharadwaj was granted bail by the Bombay High Court. We the undersigned unions and workers collectives welcome the judgement. It is a great relief for the working people of Chhattisgarh who have consistently campaigned against the illegal arrest of Sudha Bharadwaj and continuously demanded her release. It is important to note that Sudha Bharadwaj was granted bail because the chargesheet against her was not produced before the appropriate court within the legally specified time limit. There were 8 others along with Sudha Bharadwaj arrested under the same case whose bail was rejected on the same day. We express our deep disappointment at the courts decision to reject their applications for bail. It is amply clear that the 16 Human Rights activists, lawyers, artists and writers were arrested under false and fabricated charges in the Bhima Koregaon case. We the undersigned unions have condemned these arrests from the very beginning.

The granting of bail to Sudha Bharadwaj is most certainly a jolt to the current pro-corporate, brahminical, fascist central government, as is evident from how promptly they moved the Supreme Court to challenge the bail order. The very day after the judgment of the Bombay High Court was pronounced, the National Investigating Agency (NIA) was ready with their appeal to the Supreme Court to act against the granting of bail to Sudha Bharadwaj. They seem determined to ensure she is not released under any circumstance. All recent events have in any case pointed clearly to the fact that the NIA is not an independent invesitgation agency but in fact one that works simply like an arm of the ruling Bharatiya Janta Party (BJP). The NIA has been indiscriminately wielding the draconian Unlawful Activities Prevention Act (UAPA) legislation against anyone who dares to exercise their democratic right to protest against the BJP. In such a scenario, we place all our hope and faith in the Supreme Court that it will uphold the democratic fabric of the country, uphold the notion of justice and grant Sudha Bharadwaj bail at the earliest.

It must be mentioned that Father Stan Swamy, one of the 16, aged 84, lost his life in custody while awaiting bail. Apart from the aforesaid Bhima Koregaon case, the draconian UAPA legislation was recently used once again to silence the democratic voices of the people of Chhattisgarh by arresting Human Rights Adivasi activist Hidme Markam on March 9 this year, at a program marking International Womens Day in Dantewada, Bastar. Hidme Markam has spent the last several years speaking out against the environmental destruction wrought by the government and large mining companies in Bastar. She has raised her voice against militarization and sexual violence against women in Bastar continuously perpetrated by the police and palamilitary.

The UAPA has been indiscriminately used to incarcerate dalits, adivasis and minorities in the country. Seveal arguments have been made and facts brought to light that clearly indicate why such a draconian legistaltion must be withdrawn. We the undersigned unions strongly and unequivocally support the demand to repeal the UAPA. We sincerely hope that Sudha Bharadwaj will be released from the four walls of prison and that she will be amongst us soon. We shall continue to campaign for the release for all those, who like her, have been arrested for fighting to uphold democratic values in this country, and further resolve to strengthen our campaign to demand the repeal of the UAPA.

Chhattisgarh Mukti Morcha (Mazdoor Karyakarta Samiti), Mahila Mukti Morcha, Nagari Nikay Janvadi Safai Kamgar Union, Pragatisheel Cement Shramik Sangh, Loktantrik Ispat evam Engineering Mazdoor Union, Jan Adharit Power Plant Workers Union, Jan Swasth Karamchari Union

Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail

Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail

The Leaflet / by Hamza Lakdawala

The denial of temporary bail to Anand Teltumbde, an accused in the Bhima Koregaon violence and conspiracy case, flies in the face of Indian constitutional jurisprudence and is violative of the basic tenets of human rights law, writes Hamza Lakdawala.
On December 1, the Special National Investigation Agency (NIA) Court in Mumbai rejected the plea of Anand Teltumbde, who was seeking temporary bail of 15 days to meet his mother and family after the recent death of his brother Milind Teltumbde in an alleged encounter with the security forces.
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Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other accused must also be questioned

Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other accused must also be questioned

Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other Bhima Koregaon accused must also be questioned

04/12/2021

The Indian Express / by Editorial

The Bhima Koregaon/Elgar Parishad case is the most prominent example of what has become the standard “process as punishment” in UAPA cases.
The Bombay High Court’s decision to grant default bail to lawyer-activist Sudha Bharadwaj is welcome, even if it comes after three long years of incarceration without trial. It must also turn the spotlight on the prolonged imprisonment — also without trial — of those accused under the UAPA in the Elgar Parishad case.
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Pique and petulance: On Sudha Bharadwaj’s bail and NIA’s appeal

04/12/2021

The Hindu / by Editorial

The NIA’s appeal against Sudha Bharadwaj’s bail order reveals its bull-headedness.
In filing a quick appeal against the grant of statutory bail to lawyer-activist Sudha Bharadwaj, the NIA has displayed nothing but pique and petulance over a well-reasoned order of the Bombay High Court. The bail order itself is a much-delayed relief, considering that the right to ‘default bail’ had accrued to her as early as January 2019, on completing 90 days in prison and when there was neither a charge sheet nor a lawful order extending the time limit for filing it from 90 to 180 days.
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Will the Sudha Bharadwaj Bail Order Affect the Bhima Koregaon Case as a Whole

04/12/2021

The Quint / by Vakasha Sachdev

The Bombay HC’s order may not affect the merits of the case, but the issues raised could have major consequences.
As soon as the Bombay High Court held on 1 December that Sudha Bharadwaj, the reputed activist and lawyer who is an accused in the Bhima Koregaon case, was entitled to be released on default bail, certain questions became inevitable.
First, how quickly would the NIA file an appeal against the judgment in the Supreme Court? (Answer: Very quickly, by the evening of 2 December)
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Failure to take cognisance of chargesheet does not entail default bail under UAPA: Bombay HC

04/12/2021

Sabrangindia / by Sanchita Kadam

A closer look at why the court granted bail to Sudha Bharadwaj, but denied it to her eight co-accused in the Bhima Koregaon case.
On December 1, the Bombay High Court granted bail to lawyer-activist Sudha Bharadwaj vide a detailed order and in the same order denied bail to other eight co-accused in the Bhima Koregaon case, purely on technicality. Since the grounds raised by Bharadwaj were different from those raised by the eight others, her contention was accepted and agreeable to the bench of Justices SS Shinde and NJ Jamadar.
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Poet Varavara Rao’s medical bail extended till December 20

Poet Varavara Rao’s medical bail extended till December 20

Poet Varavara Rao’s medical bail extended till December 20

03/12/2021

Scroll.in / by Scroll Staff

The Bombay High Court agreed for an extension after Mumbai’s Nanavati Hospital said it would require two weeks to conduct Rao’s medical examination.
Poet Varavara Rao, an accused in the Bhima Koregaon case, was granted bail extension till December 20 by the Bombay High Court on Friday, Live Law reported.
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Varavara Rao needn’t surrender till December 20, says Bombay HC

03/12/2021

The Indian Express / by Express News Service

Nanavati hospital seeks 2 weeks for Rao’s comprehensive medical examination.
The Bombay High Court on Friday extended the time to return to jail for Elgaar Parishad accused Varavara Rao till December 20. The extension was granted after the Nanavati Hospital informed that it needs two weeks time to schedule and conduct a comprehensive medical examination of the octogenarian for various ailments.
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Private Hospital Seeks Two More Weeks To Examine Varavara Rao

03/12/2021

Live Law / by Sharmeen Hakim

The private hospital asked to examine Varavara Rao, the ailing Telugu poet and accused in the Bhima Koregaon – Elgar Parishad case, sought two more weeks from the Bombay High Court owing to the numerous tests he would be required to undergo.
A division bench of Justice Nitin Jamdar and Sarang Kotwal granted Nanavati Super Specialty Hospital till December 16 to conduct the tests and submit a report to the High Court.
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NIA challenges activist Sudha Bharadwaj’s bail in Supreme Court

NIA challenges activist Sudha Bharadwaj’s bail in Supreme Court

NIA challenges activist Sudha Bharadwaj’s bail in Supreme Court

03/12/2021

Scroll.in / by Scroll Staff

She was granted default bail in the Bhima Koregaon case by the Bombay High Court on Wednesday.
The National Investigation Agency has moved the Supreme Court against the bail granted to lawyer-activist Sudha Bharadwaj by the Bombay High Court in the Bhima Koregaon violence case, Live Law reported on Thursday.
Bharadwaj, who has been in jail since 2018, was granted default bail by a two-judge bench of High Court on Wednesday.
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NIA Moves Supreme Court Against Bombay High Court’s Order Granting Bail To Sudha Bharadwaj

02/12/2021

Live Law / by Sparsh Upadhyay

The National Investigative Agency (NIA) has moved Supreme Court challenging the Bombay High Court’s December 1 order granting bail to lawyer-activist Sudha Bharadwaj in the Bhima Koregaon case.
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Sudha Bharadwaj bail challenged by NIA before Supreme Court

02/12/2021

Bar & Bench / by Debayan Roy

The Bombay High Court had granted default bail to Sudha Bharadwaj on the ground that the extension of time for investigation and detention under the UAPA and CrPC had not been done by a court of competent jurisdiction.
The National Investigation Agency (NIA) has moved the Supreme Court challenging the default bail granted to Bhima Koregaon accused Sudha Bharadwaj by the Bombay High Court [National Investigation Agency v. Sudha Bharadwaj].
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How lawyer Sudha Bharadwaj got bail after three years in jail / The Story of Her Incarceration

How lawyer Sudha Bharadwaj got bail after three years in jail / The Story of Her Incarceration

Scroll.in / by Umang Poddar

Still, it will take a week for her to be freed.
On Wednesday, a two-judge bench of the Bombay High Court granted bail to Sudha Bharadwaj, an activist-lawyer who has been jailed since August 2018 in connection with the Bhima Koregaon case.
However, she will have to wait for a week until December 8 to appear before a special judge of the National Investigation Agency Court in Mumbai, who will decide the terms of the bail.
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Video: The Story of Sudha Bharadwaj’s Incarceration

en | 6:41min | 2021

By The Quint

Arrested on 28 August 2018, Bharadwaj has been in pre-trial detention for over three years.
Sudha Bharadwaj, a human rights lawyer, defending India’s indigenous communities, and a protector of worker’s rights, had been serving pre-trial detention since August 2018, until the Bombay High Court accepted her bail plea on 1 December.
Watch video

NIA court rejects activist Anand Teltumbde’s temporary bail plea

NIA court rejects activist Anand Teltumbde’s temporary bail plea

NIA court rejects activist Anand Teltumbde’s temporary bail plea

02/12/2021

The Wire / by The Wire Staff

He had sought relief for 15 days to meet his 90-year-old mother after his brother Milind Teltumbde was killed in a gunfight.
A National Investigation Agency court in Mumbai on Wednesday rejected the temporary bail application of activist Anand Teltumbde, who is an accused person in the Bhima Koregaon case, Live Law reported.
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NIA refuses temporary bail to Anand Teltumbde to visit family after brother s death

01/12/2021

Bar & Bench / by Neha Joshi

Anand Teltumbde’s brother Milind Teltumbde was among the 26 killed in a recent gun-battle encounter that took place on November 13 this year at Korchi in Gadchiroli, Maharashtra.
A special National Investigation Agency (NIA) court rejected the plea filed by Bhima Koregaon accused Anand Teltumbde seeking temporary bail to visit his mother and family after the recent death of his brother Milind Teltumbde, who was also an accused in the 2018 case.
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PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

01/12/2021

By PUCL Chhattisgarh

Press Release
PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj by the Bombay High Court and at the same time is dissapointed that the other 8 co-accused have been denied bail.
It should be mentioned that the violence inflicted by Hindu groups on and after the Bhima Koregaon celebrations in January 2018 have cost lives and resulted in several incarcerations. Including the 8 whose bail was rejected by the Bombay High Court, however, a total of 16 people have been falsely implicated in the Bhima Koregaon Case and have been in jail for years on fabricated charges under the draconian UAPA. Many others have been targetted, arrested and had their homes raided.
Father Stan Swami, one of the 16, aged 84, lost his life in custody while awaiting bail.
In Chhattisgarh there are hundreds of Adivasis who have been imprisoned under the UAPA and have been awaiting bail for years. On March 9 this year, at a program to mark International Womens Day and speak out against sexual violence inflicted on women by the police and paramilitary in Bastar, Human Rights Defender Hidme Markam was arrested and later jailed under the same draconian act.
While we eagerly await the release of Advocate Sudha Bharadwaj, and for her to return amongst us, we also pledge to strengthen the struggle for release of all those imprisoned under false charges, against the UAPA and against the countrys casteist carceral system.


Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused

01/12/2021

The Leaflet / by Sabah Gurmaj and Paras Nath Singh

The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases.
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