Asha – Page 42 – free them all

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

09/04/2024 Asha

Stay on bail for long period affects personal liberty and rights, feel experts

09/04/2024

The Indian Express / by Sadaf Modak

Elgaar Parishad case accused Mahesh Raut and Gautam Navlakha remain in jail for over four months since grant of bail by the Bombay High Court.
The Supreme Court on Friday granted bail to activist and Nagpur University professor Shoma Sen, arrested six years ago in the Elgaar Parishad case. Two of her co-accused Mahesh Raut and Gautam Navlakha who were granted bail six and four months ago, respectively, by the Bombay High Court, continue to remain in jail awaiting their bail hearings in the SC which has stayed their release till it hears appeals against their bail.
Read more

By @apeksha_9 (April 5):
Revolutionary Salutes to Prof. Shoma Sen! Free All the Activists wrongfully incarcerated in the Bhima Koregaon case. Repeal UAPA.

As Shoma Sen gets bail, what is the status of other accused in Elgaar Parishad case?

05/04/2024

The Indian Express / by Sadaf Modak, Omkar Gokhale

Eight accused, including prominent activists, lawyers, and academics, have now been given bail. Two of them are yet to be released from custody. The case dates back to the beginning of 2018, but the trial is yet to commence
… Among the 16 individuals arrested in the case, one – Father Stan Swamy, an 84-year-old-priest and tribal rights activist based in Jharkhand – passed away in custody in July 2021.
Before Sen, seven other accused have been given bail. Two of these eight accused, however, are yet to be released from custody because the NIA has appealed the High Court’s bail orders in the SC.
Read more

Thread by BehanBox / @BehanBox (Apr 5):

(1/5) Today the Supreme Court granted bail to women’s rights activist #ShomaSen, accused under the Unlawful Activities (Prevention) Act, in the #BhimaKoregaon violence case. #bhimakoregaon
…
(5/5) 8 of the activists, namely Jyoti Jagtap, Sagar Gorkhe, Ramesh Gaichor, Mahesh Raut, Surendra Gadling, Sudhir Dhawale, Rona Wilson and Hany Babu, continue to languish in prison without trial.

Bhima Koregaon: The process continues to clot as punishment as another year passes by

01/01/2024

The Leaflet / Arif Ayaz Parrey, Sarah Thanawala

Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused.
Read more

Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

If you asked for house arrest, you have to pay security costs: Supreme Court to Gautam Navlakha

09/04/2024 Asha

‘You asked for house arrest, must pay for it’, SC tells Bhima Koregaon accused Gautam Navlakha

09/04/2024

Scroll.in / by Scroll Staff

The National Investigation Agency had earlier told the Supreme Court that the human rights activist is liable to pay Rs 1.64 crore for the cost of his security.
The Supreme Court on Tuesday told human rights activist Gautam Navlakha that he would have to pay the costs incurred by the National Investigation Agency towards his house arrest in the Bhima Koregaon case, reported Live Law.
Read more

If You Have Sought For House Arrest, You Must Pay The Expenses: Supreme Court Tells Bhima Koregaon Case Accused Gautam Navlakha

09/04/2024

Live Law / by Gyanvi Khanna

Today, the Supreme Court (on April 09) orally told Bhima Koregaon-accused Gautam Navlakha’s Advocate, Shadan Farasat, that if house arrest was sought, the surveillance expenses incurred by the National Investigation Agency (NIA) must be paid. However, Farasat submitted that paying the expenses was of no difficulty and that the issue is about calculating such expenses. He added that he would take the latest calculation from the Additional Solicitor General SV Raju, representing the NIA, and will address it.
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If you asked for house arrest, you have to pay security costs: Supreme Court to Gautam Navlakha

09/04/2024

Bar & Bench / by Abhimanyu Hazarika

The NIA told the Court that Navlakha owed the agency about ₹1.64 crore in security costs.
… The Court was hearing NIA’s appeal against the Bombay High Court order that granted bail to Navlakha, an accused in the Bhima Koregaon riot case of 2018.
The activist’s plea concerning the terms of his house arrest is being heard along with the bail matter.
Read more

Also read:
▪ NIA asks Gautam Navlakha to pay Rs 1.64 crore towards the cost of his house arrest (Scroll.in / March 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)

PUDR: Uphold Shoma Sen’s Bail Order – Release all Bhima Koregaon detainees!

08/04/2024 Asha

pudr.org / by PUDR

PUDR expresses relief at the Supreme Court’s granting of bail to Prof. Shoma Sen on April 5, after nearly six long years of pre-trial incarceration. Charged under the Unlawful Activities (Prevention) Act in the infamous Bhima Koregaon (BK) conspiracy case, Shoma Sen is the fourth accused to be released on ‘bail on merits’ by the Supreme Court, after Anand Teltumbde, Vernon Gonsalves, and Arun Ferreira.
Read full statement

Also read:
▪ PUDR welcomes the release on bail of Vernon Gonsalves and Arun Ferreira today, but protests onerous bail conditions (PUDR / Aug 2023)
▪ Five years behind bars for five activists – Without bail, without charges being framed, without justice! (PUDR / June 2023)
▪ Stop Denying Political Prisoners the Right to Healthcare in Jails (PUDR / Sep 2022)

Shoma Sen should have been released in 2018 / Explained: The Shoma Sen bail judgment

08/04/2024 Asha

Explained: The Shoma Sen bail judgment [read judgement]

08/04/2024

The Leaflet / by The Leaflet

The arguments, counter-arguments, and the many, many injustices and tethers of the judgment of the Supreme Court granting bail to former Nagpur University and women’s rights activist Shoma Sen, who spent six years in jail without a trial.
Read more
Read judgement

‘Shoma Sen should have been released in October 2018’

09/04/2024

Rediff.com / by Jyoti Punwani

‘Shoma didn’t have the luxury of time. She was already suffering from so many ailments.’
Professor Shoma Sen, among the first to be arrested in the Elgar Parishad case, got bail on April 5, after spending almost 6 six years in jail. Advocate Susan Abraham explains to Jyoti Punwani why the Nagpur professor should have been out more than 5 years ago.

The question everyone’s asking is: If the Supreme Court has found no prima facie evidence against Shoma Sen, why did it take so long for her to get bail?
Read more

BREAKING: Supreme Court grants bail to Shoma Sen / SC sets strict bail conditions

05/04/2024 Asha

No Ground To Believe Accusations Against Shoma Sen Are Prima Facie True: Supreme Court [read judgment]

05/04/2024

Live Law / by Gyanvi Khanna

The Court observed that the materials collected by the NIA only reveal her attempt to encourage women to join the struggle for a “new democratic revolution” and showed no attempt to commit any “terrorist act”.
While granting bail to Shoma Sen, nearly six years after her arrest in the Bhima Koregaon case, the Supreme Court on Friday (April 5) raised prima facie doubts over the tenability of the allegations against her regarding the commission of offences under the Unlawful Activities Prevention Act 1967 (UAPA).
Read more
Read/ download the judgment

BREAKING | Supreme Court Grants Bail To Shoma Sen In Bhima Koregaon Case

05/04/2024

Live Law / by Gyanvi Khanna

The Supreme Court (on April 05) granted bail to former Nagpur University professor Shoma Sen who is booked under the Unlawful Activities Prevention Act 1967 (UAPA) for alleged Maoist links in connection with the Bhima Koregaon case.
She was arrested on June 6, 2018, and has been under custody since then, awaiting trial.
Read more

Thread by Live Law / @LiveLawIndia (Apr 5):
The bail conditions that will be imposed by the Special Court will be inclusive of the following conditions:

1. Sen shall not leave the State of Maharashtra;
2. She will surrender her passport, if she possesses one with the Special Court, during her bail period;
3. She is also required to inform her residential address to the officer of the NIA;
4. She is allowed to use only one mobile number during her bail, and the same shall be informed the officer of the NIA;
5. She shall also ensure that her mobile remains active and charged around the clock;
6. During the bail period, she shall have the GPS of her mobile phone active throughout the day, and her phone will be paired with the investigating officer of the NIA;
7. She will report to the station house officer, within whose jurisdiction she will reside, once every fortnight.

In the event there is any breach of such condition or any other condition imposed by the Special Court independently, it will be open for the prosecution to seek cancellation of bail granted to Sen before the Special Court only with any reference to this (Supreme Court)

Share Gps live location with nia 24×7: Supreme Court bail conditions for Shoma Sen [read judgment]

06/04/2024

Bar & Bench / by Debayan Roy

Pertinently, another bench of the Supreme Court itself had previously raised doubts with regard to bail condition asking accused to share their real time location with the prosecuting agencies.
The Supreme Court while granting bail to the Dalit and women’s rights activist Shoma Sen in the Bhima Koregaon violence case imposed a unique set of conditions to enable access of her real time location to the National Investigation Agency (NIA) [Shoma Kanti Sen vs State of Maharashtra and Anr].
Read more
Read judgment

Supreme Court grants bail to Shoma Sen in Bhima Koregaon case

05/04/2024

Bar & Bench / by Debayan Roy

The Court passed the order after noting that the National Investigation Agency (NIA) did not oppose her bail and hence, the stringent conditions for bail under the Unlawful Activities Prevention Act would not apply.
A bench of Justices Aniruddha Bose and Augustine George Masih passed the order after noting that the National Investigation Agency (NIA) did not oppose her bail and hence, the stringent conditions for bail under the Unlawful Activities Prevention Act (UAPA) would not apply.
Read more

Allegations of terrorism against Bhima Koregaon accused Shoma Sen prima facie untrue: Supreme Court

06/04/2024

Scroll.in / by Scroll Staff

The bench remarked that no evidence had been placed before it to suggest that the former professor is a member of the banned Communist Party of India (Maoist).
The Supreme Court on Friday, while granting bail to former Nagpur University professor Shoma Sen in the Bhima Koregaon case, observed that the allegations of terrorism against her are prima facie untrue, reported Live Law.
Read more

Breaking | Supreme Court Grants Bail to Shoma Sen, in Jail for 6 Years

05/04/2024

The Wire / by The Wire Staff

An apex court bench took into account her prolonged incarceration, the delay in trial starting and the nature of the accusations.
The Supreme Court has granted bail to scholar and activist Shoma Sen who has been jailed for close to six years under the Unlawful Activities Prevention Act in the Elgar Parishad case.
Sen is based in Nagpur and was arrested on June 6, 2018 by the Pune Police. She has been in custody since then. The National Investigation Agency took over the case in the meantime. It is yet to go to trial.
Read more

Also read:
▪ After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen (The Wire / March 2024)
▪ “Hopefully waiting” writes Shoma Sen from prison (InSAF India / Jul 2023)

Side-effects of conscience: An account of prison medical care

01/04/2024 Asha

Vernon Gonsalves at jail. Drawing by Arun Ferreira.

The Leaflet / by Vernon Gonsalves

Accused in the Bhima Koregaon case and released on bail by the Supreme Court last year after having spent five years in prison without a trial, Vernon Gonsalves narrates a sordid tale of pathetic medicare in Indian jails.

I have spent almost eleven years in detention, with considerable periods in the most populated prisons of Maharashtra. My first incarceration from 2007 to 2013 began shortly after I turned fifty. I had a second stint from 2018 to 2023, while I was in my sixties.
Read more

Also read:
▪ ‘No Material’ to Demonstrate Terror Link, Yet Vernon Gonsalves, Arun Ferriera Spent 5 Years in Jail [Read judgment] (The Wire / Jul 2023)
▪ Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive (Scroll.in | by Vernon Gonsalves | Jul 2023)
▪ Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
▪ Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’ (Countercurrents / Sep 2022)
▪ How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in | by Arun Ferreira | Aug 2021)

Ambedkar, Kadam summoned in Bhima Koregaon riots case

05/02/2024 Asha

Pune Mirror / by Yogesh Sangle

Inquiry commission to cross-examine VBA chief and then Haveli SDO
The Koregaon Bhima Commission of Inquiry, which is investigating the Bhima Koregaon violence, has issued summons to Vanchit Bahujan Aghadi (VBA) chief Prakash Ambedkar, Elgar Parishad organiser Harshali Potdar and Pune resident deputy collector Jyoti Kadam to appear for cross-examination.
Read more

Also Read:
▪ Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 2022)
▪ Bhima Koregaon Violence: Four Different Theories, but No Justice in Sight (The Wire / Jan 2022)
▪ Ekbote instigated Koregaon Bhima violence, Elgaar Parishad organiser tells panel (The Indian Express / Sep 2021)
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

04/02/2024 Asha

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

05/02/2024

The Wire / by The Wire Staff

Their co-accused who is out on bail, Teltumbde has been conferred the Basava National Award – Karnataka’s highest honour.
… Although a few have been granted bail on medical and technical grounds, nine remain behind bars at Byculla and Taloja prisons in Maharashtra. The latter have written a congratulatory letter to co-accused Dr Anand Teltumbde, on his being given the Karnataka government’s highest award, the Basava Award.
The letter, which the prisoners released through their lawyers, is being produced below.
Read more

‘A small streak of light’: Seven BK prisoners congratulate Anand Teltumbde on award

04/02/2024

Scroll.in / by Scroll Staff

The writer, who is on bail in the same case, was honoured with the Basava Award by the Karnataka government on January 31.
The seven people who are still in jail in the Bhima Koregaon case have congratulated their co-accused Anand Teltumbde for having been granted the Karnataka government’s Basava Award on January 31 and pushing “forward the wheel of democratic revolution of annihilating the caste system”.
Read more

Also read:
▪ ‘My state has done the greatest honour by putting me in jail’: Anand Teltumbde after receiving award (Indian Express / Feb 2024)

SC to hear bail plea of Surendra Gadling in 2016 Surjagarh mine arson case on February 8

01/02/2024 Asha

Deccan Herald / by pti

He is also an accused in the Elgar Parishad-Maoist links case about alleged provocative speeches delivered at the Elgar Parishad conclave held in Pune on December 31, 2017, which police claimed triggered violence the next day near the Koregaon-Bhima war memorial in Pune district.
The Supreme Court on Thursday agreed to hear on February 8 the bail plea of advocate Surendra Gadling in connection with the 2016 Surjagarh iron ore mine arson case.
Read more

Also read:
▪ Supreme Court allows state time to file counter-affidavit in Surendra Gadling bail plea (The Leaflet / Nov 2023)
▪ Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
▪ Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao, prompting senior lawyers to say this is ‘ever-greening of charges’ (The Leaflet / Jan 2019)

‘My state has done the greatest honour by putting me in jail’: Anand Teltumbde after receiving award

30/01/2024 Asha

by Dr Meena Kandasamy / @meenakandasamy (Jan 31):
Feeling so proud of Dr Anand Teltumbde for receiving the Karnataka Government’s Basava Rashtriya Puraskar today

‘My state has done the greatest honour by putting me in jail’: Anand Teltumbde after receiving Karnataka’s Basava award

01/02/2024

The Indian Express / by Sanath Prasad

Teltumbde says the award is ‘an honour for all the faceless and countless activists struggling for making this world better for people to live’.
Civil rights activist and academic Anand Teltumbde was felicitated with the Basava Rashtriya Puraskara by Karnataka Chief Minister Siddaramaiah in Bengaluru on Wednesday for his work on delivering social justice and equality through speeches and writings.
Read more

Poster by Siddesh Gautam / #bakeryprasad

NIA court allows Anand Teltumbde to travel to Bengaluru to receive Basava Rashtriya Puraskar award

30/01/2024

The Leaflet / by Sarah Thanawala

Dr Anand Teltumbde has been allowed to travel to Bengaluru to receive the Basava Rashtriya Puraskar award for 2022–23. The award recognises individuals and organisations for their achievements in the areas of literature, social justice and harmony.
Today, a National Investigation Agency (NIA) court of special judge Rajesh Kataria allowed Dalit scholar, academic and activist, Dr Anand Teltumbde to travel to Bengaluru to receive the Basava Rashtriya Puraskar award for 2022–23 from the Karnataka government.
Read more

Elgar Parishad case accused allowed to visit Karnataka to receive award

30/01/2024

India Today / by Vidya

Professor Anand Teltumbde, an accused in the 2018 Elgar Parishad case, has been allowed to travel to Bengaluru to receive a felicitation by the state government.
A special court in Mumbai has allowed scholar-activist Professor Anand Teltumbde, an accused in the 2018 Elgar Parishad-Maoist links case of Maharashtra, to travel to Karnataka for two days to receive an award from the government in the neighbouring state.
Read more

Civil rights activist Anand Teltumbde chosen for Basava Award; Na. D’Souza gets Pampa Prashasti

26/01/2024

The Hindu / by the Hindu Bureau

Scholar, civil rights activist, and Ambedkarite Anand Teltumbde from Maharashtra and Dr. N.G. Mahadevappa from Dharwad in Karnataka have been picked for the national-level Basava Award for the year 2022-23 and 2023-24, respectively.
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