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Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira

Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira

Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira

04/03/2023

The Leaflet / by Sarah Thanawala

Senior advocate Rebecca M. John, representing Gonsalves, highlighted the commonality between Dr. Teltumbde’s grant of bail by the Bombay high court last year and the evidence in the present case to draw the claim of parity with the high court’s bail order.
On Friday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, reserved its judgment on the bail applications of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas.
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Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira

03/03/2023

Live Law / by Awstika Das

The Supreme Court on Friday reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967…
Gonsalves and Ferreira have approached the Supreme Court against a December 2021 order by which the Bombay High Court denied them default bail, even as the same benefit was granted to another co-accused, Sudha Bharadwaj. Even though this order was questioned in a subsequent review petition preferred by the two petitioners, the high court, in May of last year, refused to grant them relief.
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Supreme Court reserves verdict on bail pleas of Vernon Gonsalves, Arun Ferreira

03/03/2023

Bar & Bench / by Abhimanyu Hazarika

The NIA opposed the bail plea stating that long period in custody cannot be a ground to show leniency to terror-accused.
The Supreme Court on Friday reserved its verdict on the bail applications filed by two accused in the Bhima Koregaon case, Vernon Gonsalves and Arun Ferreira [Vernon vs State of Maharashtra and anr].
A bench of Justices Aniruddha Bose and Sudhanshu Dhulia concluded hearing arguments today, and reserved its order.
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Live Thread by Live Law (March 3, 2023)

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Live Thread by Bar & Bench (March 3, 2023)

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Also read:
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (dailyo | by Arun Ferreira and Vernon Gonsalves | Jun 2018)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)

Bombay HC quashes NIA court order rejecting bail to Gautam Navlakha, orders expeditious rehearing

Bombay HC quashes NIA court order rejecting bail to Gautam Navlakha, orders expeditious rehearing

Gautam Navlakha

Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing

03/03/2023

Sabrang / by Sabrangindia

… Today, in 2023, the Bombay High Court has ordered the case to be heard expeditiously. However, it has been years since the Bhima Koregaon accused have had their freedom stripped from them. There is every probability that the said special court will reject Navlakha’s bail plea again, and then an appeal will again be filed in the upper constitutional courts. Why then, keeping in view the pattern of misuse of the criminal justice system with the aim of harassing human rights defenders, could the High Court not take up the case themselves at this stage itself?
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Bombay High Court directs special NIA court to rehear Gautam Navlakha’s bail plea for want of analysis

03/03/2023

The Leaflet / by Sarah Thanawala

The bench directed the special court to conclude the hearing within four weeks.
On Thursday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, refused to grant regular bail to Gautam Navlakha and directed the special court under National Investigation Agency (NIA) Act to rehear the bail plea for its reconsideration. The bench quashed the special court’s order dated September 5, 2022 that rejected the grant of regular bail to Navlakha.
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Bombay High Court quashes NIA court order rejecting bail to Gautam Navlakha; directs rehearing

02/03/2023

Bar & Bench / by Neha Joshi

The High Court opined that the reasoning in the lower court order was very cryptic and did not have analysis of the evidence relied upon by prosecution.
The Bombay High Court on Thursday quashed an order by the special court under the National Investigation Agency (NIA) Act rejecting bail to Bhima Koregaon accused Gautam Navlakha and directed the special judge to rehear the bail plea [Gautam Navlakha v. National Investigation Agency & Ors.].
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Pen mightier than sword but won’t strike terror: Counsel for Gautam Navlaka seeking bail in Bombay High Court

02/03/2023

The Leaflet / by Sarah Thanawala

Advocate Yug M. Chaudhary, appearing for Navlakha, challenged Navlakha’s connection with the alleged terrorist acts.
ON Wednesday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, continued hearing the regular bail application of Gautam Navlakha.  Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad Maoist links/criminal conspiracy case, is charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
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Bombay High Court Sets Aside Special Court’s “Cryptic” Order Refusing Bail To Gautam Navlakha, Directs To Decide Afresh

02/03/2023

Live Law / by Amisha Shrivastava

Observing that the trial court gave cryptic reasoning while refusing Bhima Koregaon accused Gautam Navlakha’s bail plea, the Bombay High Court on Thursday directed the Special NIA Court to hear and decide the case afresh.
The division bench of Justice AS Gadkari and Justice PD Naik set aside the Special NIA Court’s order rejecting Navlakha’s bail plea.
Read more
Read/Download Impugned Order

Also read:
● Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)

Gautam Navlakha

Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with Economic & Political Weekly, the NewsClick newsportal and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

‘Show Us Where They Asked People To Pick Up Guns’, SC Tells NIA In Bail Pleas Of Gonsalves and Ferreira

‘Show Us Where They Asked People To Pick Up Guns’, SC Tells NIA In Bail Pleas Of Gonsalves and Ferreira

Supreme Court continues hearing the bail pleas of Vernon Gonsalves and Arun Ferreira

02/03/2023

The Leaflet / by Sarah Thanawala

Additional Solicitor General K.M. Nataraj, representing the National Investigation Agency, alleges involvement of Gonsalves and Ferreira in alleged terrorist acts through letters and documents.
On Wednesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, continued hearing arguments on behalf of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas.
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‘Show Us Where They Asked People To Pick Up Guns’, Supreme Court Tells NIA In Bail Pleas Of Accused

02/03/2023

Live Law / by Astika Das

Show us where the Bhima Koregaon-accused Vernon Gonsalves and Arun Ferreira encouraged others they allegedly ‘recruited’ to pick up arms against the the government, the Supreme Court told the National Investigation Agency on Wednesday. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967.
… After hearing the submissions of senior advocates Rebecca John (for Gonsalves), R. Basant (for Ferreira), and the additional solicitor-general, the bench decided to adjourn the hearing till Friday, March 3.
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Delay In Starting Trial Not Due To Us, NIA Tells Supreme Court

01/03/2023

Live Law / by Awstika Das

The National Investigation Agency told the Supreme Court on Wednesday that the delay in the trial of the Bhima Koregaon accused could not be attributed to them. Additional Solicitor General for India K.M. Nataraj told the court.
… Notably, the trial in this high-profile case has not yet begun. Senior advocates Rebecca John (for Gonsalves) and R. Basant (for Ferreira) have both pointed out that even charges have not been framed yet, despite the passage of almost five years… In this connection, also relevant are Basant’s remarks on the delay in the process. He pointed out, “They intend to examine a total of 336 witnesses and go through 2,105 documents. Several accused persons have not yet been apprehended.”
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Also read:
● Supreme Court hears bail plea of Vernon Gonsalves (The Leaflet / Feb 28, 2023)
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (dailyo | by Arun Ferreira and Vernon Gonsalves | Jun 2018)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)

Bombay High Court seeks NIA response to plea by Raut, Sen, Wilson and Dhawale for default bail

Bombay High Court seeks NIA response to plea by Raut, Sen, Wilson and Dhawale for default bail

Bombay High Court seeks NIA response to plea by 4 accused for default bail

01/03/2023

Bar & Bench / by Neha Joshi

The four accused have challenged an order of a special NIA court rejecting their default bail pleas. They sought parity with Sudha Bharadwaj, a co-accused who was granted default bail by the High Court in 2021.
The Bombay High Court on Wednesday issued notice to the National Investigation Agency (NIA) on a plea for default bail filed by four persons accused in the Bhima Koregaon case [Mahesh Raut & 4 others v. National Investigation Agency].
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4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj

02/03/2023

India Today / by Vidya

Four accused in the Elgar Parishad case sought bail in the Bombay High Court on parity with Sudha Bharadwaj, who was granted default bail in 2021 in the same case.
The Bombay High Court has issued notice to the National Investigation Agency (NIA) and sought a reply to the bail petition of four Elgar Parishad accused – Mahesh Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson.
Read more

Also read:
● NIA special court rejects default bail application of five accused (The Leaflet / June 2022)
● Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused (The Leaflet / Dec 2021)

Organisation named after Stan Swamy calls to free rights defenders / ‘Justice for Father Stan’ campaign

Organisation named after Stan Swamy calls to free rights defenders / ‘Justice for Father Stan’ campaign

Organisation named after Stan Swamy calls to free rights defenders

01/03/2023

The Telegraph / by Animesh Bioee

Shahid Father Stan Swamy Nyaya Morcha launches signature campaign in Ranchi, also demands the repeal of the anti-terror law UAPA.
An organisation named after Father Stan Swamy and formed to carry forward the late Jesuit priest’s legacy has launched a signature campaign in Ranchi demanding the release of human rights defenders jailed in several parts of the country and the repeal of the anti-terror law UAPA.
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‘Justice for Father Stan’ campaign evokes good response in India

01/03/2023

UCA News / by UCA News reporter

A US-based digital forensic firm has revealed that digital evidence was planted on the priest’s computer to implicate him.
More than 3,000 people have taken part in a signature campaign, demanding justice for late Jesuit Father Stan Swamy and others accused in a sedition case filed by India’s pro-Hindu federal government.
The campaign, launched on Feb. 25 under the auspices of Shahid (Martyr) Father Stan Swamy Nyaya Morcha in Ranchi, the capital of eastern state of Jharkhand, where the late priest worked among tribal people, is getting support from people from all walks of life, according to its organizers.
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Bombay High Court seeks NIA’s stance on request by Surendra Gadling to argue his bail plea in person

Bombay High Court seeks NIA’s stance on request by Surendra Gadling to argue his bail plea in person

Bombay High Court seeks NIA’s stance on request by Surendra Gadling to argue his bail plea in person

01/03/2023

Bar & Bench / by Neha Joshi

Through a letter, Gadling had told the Court that it would be difficult to brief his legal aid lawyer about the case since the chargesheet was voluminous and since prison meetings are permitted only for about 20 minutes.
The Bombay High Court on Wednesday sought the assistance of the National Investigation Agency (NIA) to decide whether the Court should allow Surendra Gadling, an accused in the Bhima Koregaon case, to appear in person before the High Court to argue his default bail application.
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To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates

01/03/2023

India Today / by Vidya

The HC bench has asked the advocate representing the NIA to discuss the issue with the investigating agency and revert.
The Bombay High Court on Wednesday deliberated for long whether advocate Surendra Gadling should be granted permission to appear in person before the court to make his submissions for default bail.
Read more

Webinar: Human Rights Defenders in India – Examining the Elgar Parishad Case (March 2)

Webinar: Human Rights Defenders in India – Examining the Elgar Parishad Case (March 2)

Poster by #bakeryprasad

By The American Bar Association International Criminal Law Committee

March 2, 2023
at 11:00 am EDT/10:00 am CST/8:00 am Pacific

The Declaration on human rights defenders was adopted by consensus by the General Assembly in 1998 after 14 years of negotiations. Despite the Declaration, human rights and environmental defenders all over the world continue to suffer significant harm as a result of their efforts to raise awareness on significant issues in their communities and within their states. This webinar will present the significant challenges that human rights defenders face in India, specifically focusing on the arrest of 16 activists, which included lawyers, sometimes referred to as the “BK 16.”
The panelists will discuss the events leading up to the criminal charges, the criminal charges, and the significant evidentiary issues that have already been discovered, and why these cases are critical in India at this time and how they could become critical for the rights of defenders everywhere around the world.

Admission to this webinar is free, but registration is required:
Register here

Also read:
● Preliminary Report: Arrest of Indian Attorneys and Activists in Apparent Retaliation for Human Rights Work (American Bar Association, Center for Human Rights / Oct 2019)

Supreme Court hears bail pleas of Vernon Gonsalves and Arun Ferreira / Delay in the process

Supreme Court hears bail pleas of Vernon Gonsalves and Arun Ferreira / Delay in the process

Thread by Bar & Bench (March 1, 2023):

The Supreme Court continues hearing bail pleas of activists Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon case. Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
Sr Adv Rebecca John appearing for Gonsalves takes Court through documents relied on by the prosecution.
…
Sr Adv R Basant for Ferreira: I am in the next matter. I shall not repeat what my friend said. I have been in custody for over 4 years. In custody since 28.8.2018.
…
Hearing to continue on Friday.
John: They are looking for the elusive ‘goli’.

Read full live thread

Supreme Court hears bail plea of Vernon Gonsalves

28/02/2023

The Leaflet / by Sarah Thanawala

Senior advocate Rebecca M. John, appearing for Gonsalves, argued that the documents relied on by the NIA as evidence fail to prove Gonsalves’ connection with the alleged offence.
On Tuesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, heard arguments on behalf of trade unionist, activist and academic Vernon Gonsalves for the grant of regular bail. Gonsalves, and activist and lawyer Arun Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas.
… The matter is posted for further hearing tomorrow, March 1.
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‘No Incriminating Material Found Against Me’: Bhima Koregaon Accused Vernon Gonsalves Tells Supreme Court Seeking Bail

28/02/2023

Live Law / by Awstika Das

To deny bail on the basis of the little evidence that the centre has against Bhima Koregaon-accused Vernon Gonsalves was a ‘stretch’, said senior advocate Rebecca John, appearing on behalf of the jailed activist. “There is no evidence,” said John, after taking the court through the documents on which the National Investigation Agency relied…
A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for offences under the Unlawful Activities (Prevention) Act, 1967.
Read more

Also read:
● Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (dailyo | by Arun Ferreira and Vernon Gonsalves | Jun 2018)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)

Gautam Navlakha seeks bail, cites delay in commencement of trial

Gautam Navlakha seeks bail, cites delay in commencement of trial

Gautam Navlakha

Gautam Navlakha Not Involved With Maoist Party, Rather Suspected By Them To Be A ‘Govt Agent’: Lawyer Tells Bombay High Court

28/02/2023

Live Law / by Sharmeen Hakim

The Communist Party of India (Maoist) suspected senior journalist Gautam Navlakha was a “government agent” who negatively impacted their movement, his counsel argued before the Bombay High Court on Monday.
He cited a document seized from co-accused researcher Rona Wilson’s laptop to demonstrate the CPI(M)’s contempt for Navlakha is diametrically opposite from the UAPA charges NIA has levelled against him of “deep involvement in the activities of the CPI(Maoist) party,” and of connections with the ISI and separatist movement of Kashmir.
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Gautam Navlakha seeks bail, cites delay in commencement of trial

28/02/2023

India Today / by Vidya

Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court on Monday. Navlakha sought bail after citing a delay in the commencement of the trial.
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court, citing a delay by the prosecution in filing a reply on the discharge application argued months ago.
Highlighting the issue, Yug Mohit Chaudhari representing Navlakha, submitted that there was no prospect of a trial in the case to commence in the near future, adding Navlakhha’s discharge application was argued months ago, but the prosecution is yet to file its reply.
Read more

Elgar Parishad case: Proof against Navlakha is his own articles, HC told

28/02/2023

Hindustan Times / by HT Correspondent

The bench was further informed that the applicant was criticised by the government as well as the Maoists for his critical articles were a sure sign of his independence.
The Bombay high court, while hearing the regular bail application of Elgar Parishad accused Gautam Navlakha, was informed that the incriminating evidence showing his connection with the banned CPI (Maoist) group was the articles which he had written as a journalist.
Read more

No allegation of Gautam Navlakha committing any act of violence, lawyer tells HC

27/02/2023

National Herald / by pti

A division bench of Justices A S Gadkari and P D Naik is hearing the arguments on the bail plea, and the same will continue on Tuesday.
There is no allegation against Gautam Navlakha of committing any “act of violence” in the voluminous chargesheet filed in the Elgar Parisha-Maoist links case, the activist’s lawyer told the Bombay High Court on Monday.
While arguing for the activist’s bail, the lawyer also said that there was no prospect of the trial in the case to commence in the near future.
Read more

Thread by Live Law / @LiveLawIndia Feb 27, 2023:

[Bhima Koregaon – Elgar Parishad Case]
Bombay High Court is hearing senior journalist Gautam Navlakha’s plea for regular bail. He is currently under house arrest.
Hearing before the bench of Justices AS Gadkari and PD Naik.
Adv Yug Mohit Chaudhary for Navlakha.
Chaurdhry – There are four compilations. In the bail application I have included everything that’s in the charge sheet that I could file against the applicant.
HC – There are three orders of the HC, which one correctly mentions the basic facts?
Chaudhry – I will get back.
Chaudhry – The applicant is 74 yrs. Accused No. 11. He surrendered on 14.4.2020 to NIA in Delhi after his ABA was rejected.
He has been in custody for three years and he is presently under house arrest pursuant to SC’s orders.
Chaudhry – He has been chargesheeted under sections 153A, 120B…
Chaudhry continues correcting the sections from the record.
HC – Where are the actual charges?
Chaudhry – Charges have not been framed. But let us take every word in the chargesheet.
Chaudhry – The four grounds are…
1. THERE is not a single allegation of committing ANY act of violence. Since there is no association of violence in the allegations, then no offence punishable under chapter 4 of UAPA made out.
Chaudhry – The basic ingredient for invocation of chapter 4 of UAPA is a commission, association, abetment or conspiracy to commit a terrorist act. That is not even alleged in this case.
Chaudhry – Therefore nothing involving life imprisonment is even attracted .. at the highest only section 38 & 39 of UAPA may be attracted if the chargesheet is taken as it is. Section 20 of UAPA is not attracted at all.
Chaudhry – There is no description of a terrorist act in this 54 volume chargesheet. There has to be something. It cannot be just imagination.
Chaudhry – Their answer always is he possesses the Maoist Constitution. Can that be a terrorist act? I have written articles critical of Maoist violence. I am a writer and a scholar.

…

To be continued tomorrow.

Also read:
● NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case (India Today / Feb 21, 2023)
● Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)

Gautam Navlakha

Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with Economic & Political Weekly, the NewsClick newsportal and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

India Cries for Justice

India Cries for Justice

Countercurrents.org / by Cedric Prakash

In India, the cries for justice, are becoming louder and longer! They come from different segments of society and particularly from those who continue to be exploited and excluded!
… Human Rights defenders cry for justice! Thanks to those who have had the courage to stick their necks out for the poor, exploited and other vulnerable sections of society – that reality is still on the canvass!  Many human rights defenders are still paying the price for their courageous and selfless deeds. The likes of Vernon Gonsalves, Arun Ferreira and others are still languishing in jail, in the Bhima- Koregaon conspiracy case.
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