January 2023 – Page 2 – free them all

Court seeks one more year to decide on framing charges / 5 years on, charges not framed

18/01/2023 Asha

5 years on, charges not framed despite repeat extensions

19/01/2023

Sabrangindia / by Sanchita Kadam

The Special NIA Court has said that it will first need to dispose the discharge applications filed by the accused, before deciding on framing of charges
The Special NIA court, Mumbai has sought a time extension of one more year from the Supreme Court to frame charges in the case. This request was sent in November last year. On January 16, the Supreme Court said that it will proceed with hearing bail applications of activists Vernon Gonsalves and Arun Ferreira from January 30.
Last year in August while hearing Gonsalves’ plea, the apex court had given the Special Court three months’ time to decide whether charges are required to be framed against the accused or not. This three month period ended in November 2022, just when the Special Court sought an extension for another year!
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Elgaar Parishad case: Court seeks one more year to decide on framing charges

18/01/2023

The Indian Express / by Sadaf Modak

On August 18, the Supreme Court had directed the trial court to decide on these aspects within three months, granting it time till last November.
The special court hearing the Elgaar Parishad case in Mumbai had last November sought an extension of one year to decide whether to frame charges against the accused and also take a call on their discharge applications.
Read more

Also read:
● 4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case (The Indian Express / Oct 2022)
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

Koregaon Bhima inquiry commission gets yet another extension, till March 31

18/01/2023 Asha

Graphic by Arun Ferreira & Vernon Gonsalves

Five years and 10 extensions later, Bhima Koregaon inquiry goes on

22/01/2023

The Indian Express / by Chanda Haygunnde

The two-member inquiry commission has examined 48 witnesses so far, seven of them partly. More yet to be deposed.
Formed on February 9, 2018, the Commission was tasked with inquiring into the “exact sequence” of events that led to violence on the occasion of the 200th anniversary Battle of Koregaon Bhima.
Almost five years after it was constituted and after receiving 10 extensions, the Koregaon Bhima Commission of Inquiry has yet to complete its work.
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Koregaon Bhima inquiry commission gets yet another extension, till March 31

18/01/2023

The Indian Express / by Chandan Haygunde

The two-member commission was constituted by the Maharashtra government on February 9, 2018, to inquire into the “exact sequence” of events that led to violence on the 200th anniversary of Battle of Koregaon Bhima on January 1 that year.
The Maharashtra government Tuesday granted yet another extension to the Koregaon Bhima Commission of Inquiry. An order in this regard issued by the state home department on Tuesday stated that the commission has been given an extension of three months till March 31, 2023, to submit the report.
Read more

Also Read:
● Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 27, 2022)

Bombay HC directs Shoma Sen to first move special NIA court for bail in Bhima Koregaon case

17/01/2023 Asha

Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail

17/01/2023

India Today / by Vidya

Sen claims she has been falsely arrested because she had exposed illegal arrests and torture.
The Bombay High Court has directed Elgar Parishad accused Professor Shoma Sen to approach the special NIA court for bail before coming to the high court on appeal.
Sen, behind bars since 2018, had applied for bail before the Pune Sessions Court in December 2018 prior to the filing of the chargesheet and another application after the filing of the chargesheet. Both the applications were rejected by the sessions court by way of common order in November 2019.
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Bombay High Court directs Shoma sen to first move special NIA court for bail

17/01/2023

Bar & Bench / by Neha Joshi

A division bench of Justices AS Gadkari and PD Naik reasoned that the special NIA court ought to be given an opportunity to consider the supplementary chargesheet first before Sen could approach High Court.
The Bombay High Court on Tuesday directed the Bhima Koregaon accused Shoma Sen to approach the special NIA court for bail before coming to the High Court in appeal.
A division bench of Justices AS Gadkari and PD Naik noted that the special NIA court has not had a chance to consider the bail application after the filing of chargesheet.
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Bombay High Court Grants Liberty To Accused Professor Shoma Sen To Approach Special NIA Court For Bail

17/01/2023

Live Law / by Amisha Shrivastava

Bombay High Court on Tuesday disposed of Bhima Koregaon – Elgar Parishad accused Professor Shoma Sen’s bail application with liberty to approach the trial court.
The division bench of Justice AS Gadkari and Justice PD Naik took note of the chargesheet filed against Sen subsequent to the Pune sessions court order denying bail.
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Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023 Asha

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023

The Wire / by Sukanya Shantha

The human rights lawyer, an accused in the Elgar Parishad case, claims that despite favourable court orders, the prison officials have blocked his access to hospitals, worsening his health condition further.
Surendra Gadling, a human rights lawyer and an arrested accused in the Elgar Parishad case, has been ailing with multiple health issues, including serious cardiac issues and psychiatric disorders. Over the past year, he has made multiple applications before the court seeking adequate medical care. And despite favourable court orders, the prison officials have allegedly blocked his access to hospitals, worsening his health condition further.
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Court issues notice to Taloja jail superintent for not taking Surendra Gadling to hospital

14/01/2023

The Hindu / by Sonam Saigal

Although the court had directed that Mr. Gadling be referred to JJ Hospital, and he was due to recieve psychiatric treatment follow-up on February 20, 2022, he was not taken to hospital until June 6, he alleged
A sessions court at Gadchiroli has issued a notice to the Superintendent and Chief Medical Officer (CMO) of Taloja Central Jail, with regards to their failure to take advocate Surendra Gadling to hospital last year, even three months after being directed to do so by the court. Mr. Gadling is an accused in the Bhima Koregaon caste violence case of 2018.
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Also watch:

● Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video

SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

16/01/2023 Asha

Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30

16/01/2023

Live Law / by Awstika Das

“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court on Monday, while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira… Indicating that they would like to hear the arguments at length, the bench decided to post the matter on a ‘non-miscellaneous’ day in the week starting on January 30.
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Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

16/01/2023

The Leaflet / by Sarah Thanawala

The matter is posted for hearing on January 30.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia decided to proceed with the hearing of bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira after Justice Dipankar Datta recused himself from hearing the matter on January 12. Gonsalves and Ferreira have filed the bail application in the Supreme Court challenging the rejection of their default bail applications by the Bombay High court.
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Justice Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves and Arun Ferreira

12/01/2023

The Leaflet / by Sarah Thanawala

The matter will now be taken up next week by a bench that does not comprise Justice Datta.
Thursday, Justice Dipankar Datta recused himself from hearing the bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira. The matter will now be taken up by a bench that Justice Dutta is not a part of.
… A Supreme Court division bench, comprising Justices Ravindra Bhatt and Datta, was hearing petitions filed by Gonsalves and Ferreira, challenging the rejection of their bail applications by the Bombay High Court.
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SC judge Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves, Arun Ferreira

13/01/2023

Scroll.in / by Scroll Staff

Justice Dipankar Datta of the Supreme Court on Thursday recused himself from hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, Live Law reported.
… Gonsalves and Ferreira have filed petitions in the Supreme Court challenging the Bombay High Court decision to deny them default bail in the case. The court had held that Gonsalves and Ferreira did not apply for the bail on time.
Read more

Also read:
● Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
● Special court rejects Arun Ferreira’s plea against NIA (Free Press Journal / Aug 2022)

Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case!

15/01/2023 Asha

Anchored Narratives / by RJM

How proper file, malware, and memory forensics techniques were able to catch the ModifiedElephant threat actor planting incriminating evidence on defendants’ computers in India.
I agreed in late 2022 to independently review a new digital forensics report from Arsenal Consulting (hereafter: Arsenal), which was still under embargo. Niha Masih, an award-winning reporter with The Washington Post, reached out to me in early December and explained that she had written a series of articles (based on Arsenal reports) about Indian activists in the “Bhima Koregaon” case who were hacked and had evidence planted on their devices before their arrests. Niha asked if I would be able to validate Arsenal’s work.
Read more

Also read:
● Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Press Conference & Public Meeting: “Conspiracy of Conspiracy Cases”

12/01/2023 Asha

Poster by Campaign Against State Repression

Wives of Khalid Saifi, Hany Babu, GN Saibaba demand release of ‘political prisoners’

12/01/2023

Maktoob / by Maktoob Staff

Life partners of jailed human rights defenders Khalid Saifi, Hany Babu and GN Saibaba who gathered in national capital Delhi on Thursday under the banner of Campaign Against State Repression, demanded the immediate release of all political prisoners incarcerated under the Bhima Koregaon and CAA-NRC cases.
This event titled “conspiracy of conspiracy cases” was held to discuss the recent developments in Bhima Koregaon and CAA-NRC case where top intelligence officers have disclosed that there was no connection between the Elgaar Parishad event and Bhima Koregano violence, as well as multiple international forensic reports revealing that the evidence was planted on the BK accused.
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Civil rights leaders allege corporate loot of resources, suppression of democratic rights

14/01/2023

Countercurrents / by Our Representative

Civil rights activists have alleged, quoting top intelligence officers as also multiple international forensic reports, that recent developments with regard to the Bhima Koregaon and the Citizenship Amendment Act-National Register of Citizens (CAA-NRC) cases suggest, there was “no connection between the Elgaar Parishad event and the Bhima Koregaon violence.”
Activists of the Campaign Against State Repression (CASR) told a media event at the HKS Surjeet Bhawan, New Delhi, that, despite this, several political prisoners continue to be behind bars on being accused under the anti-terror the draconian Unlawful Activities (Prevention) Act.
Read more

Also read
● Press Release by Campaign Against State Repression (CASR), Dec 5, 2022

Click to enlarge

● CASR meeting: GN Saibaba, others called new generation freedom fighters, victims of state terror (Countercurrents / Oct 2022)

Supreme Court extends Gautam Navlakha’s house arrest till February 17

09/01/2023 Asha

Supreme Court extends Gautam Navlakha’s house arrest

09/01/2023

The Leaflet / by Sarah Thanawala

The court granted an adjournment in the hearing of the review of its interim order granting house arrest till February 17. Senior advocate Nitya Ramakrishnan sought permission to allow Navlakha to receive an international phone call.
On Monday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, adjourned the hearing of the matter and extended Navlakha’s house arrest till February 17.
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Gautam Navlakha Requests Permission To Attend International Call From Daughter; Supreme Court Seeks NIA Response

09/01/2023

Live Law / by Sohini Chowdhury

On Monday, Advocate, Ms. Nithya Ramakrishnan, appearing on behalf of human rights activist Gautam Navalakha, accused in the Bhima Koregaon case, who is presently in house arrest, sought the permission of the Supreme Court to receive a call from his daughter living in Spain.
The Senior Counsel apprised a Bench comprising Justice KM Joseph and Justice BV Nagarathna, that the Apex Court had permitted Navalakha to make one call per day from NIA’s phone. However, he is not permitted to make international calls.
Read more

Also read:
● Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)
● Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)

HC disposes of Hany Babu’s plea after being told about his cataract surgery

06/01/2023 Asha

by Live Law / @LiveLawIndia (Jan 6, 2023):
[#BhimaKoregaon -Elgar Parishad Case]
#BombayHC is informed that DU Prof Hany Babu’s cataract surgery was successfully performed.
“We expect the jail officials to take the petitioner to the hospital for follow-up treatment. ” -J AS Gadkari.
Plea disposed of.

HC disposes of Hany Babu’s plea after being told about his cataract surgery

06/01/2023

Midday.com / by pti

The court had last month allowed Babu to undergo a cataract surgery and a medical check-up at a city-based hospital.
The Bombay High Court on Friday disposed of the plea by former Delhi University professor Hany Babu, an accused in the Elgar Parshad-Maoist links case, seeking medical care.
The court had last month allowed Babu to undergo a cataract surgery and a medical check-up at a city-based hospital.
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Also read/listen:
● Hany Babu gets temporary bail to undergo cataract surgery (Scroll.in / Dec 16, 2022)
● Podcast: The curious case of Dr Hany Babu and India’s political prisoners (abc.net / by Phillip Adams / Nov 29, 2022)
Press and academic freedom organisations like PEN International say the Modi government in India has been using its anti-terror laws against academics, journalists and public intellectuals who have been critical of the government.
Guest: Paranjoy Guha Thakurta – journalist, author, publisher, educator and documentary film-maker.

en │ 18min │ 2022
Listen to the podcast

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

05/01/2023 Asha

Electronic records relied on during probe dubious, says Gonsalves in discharge plea

05/01/2023

The Indian Express / by Express News Service

Referring to multiple reports by US-based forensic consulting firm Arsenal Consulting, which said that malware was planted on the electronic devices of his co-accused, Gonsalves has said the main evidence in the case is ‘unworthy of credit’.
Vernon Gonsalves, an accused in the Elgaar Parishad case, filed his discharge application before the special court on Wednesday, stating that electronic records relied on by the investigators are dubious.
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Vernon Gonsalves cites Arsenal report to seek discharge

05/01/2023

Free Press Journal / by Bhavna Uchil

Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused.
Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused. The electronic evidence forms the foundation of the prosecution’s case. He has claimed that it’s dubious and has called into question the whole basis of the case.
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Activist Vernon Gonsalves files for discharge

04/01/2023

Hindustan Times / by Charul Shah

The activist has raised questions on the sanction given by the competent authorities to invoke charges under the Unlawful Activities Prevention Act. In the discharge plea, he has claimed that the sanctioning authority has to be independent and needs to evaluate evidence before granting sanction
Human rights activist Vernon Gonsalves has filed a plea before the special NIA court seeking discharge from the Elgar Parishad-Bhima Koregaon violence case, claiming that there was no evidence to proceed against him. Gonsalves, arrested in August 2018, is currently lodged in Taloja jail.
Read more

Also read:
● Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jun 11, 2018)