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Prisoners of conscience / Court directs top cop to look into the mosquito menace in Taloja prison

Prisoners of conscience / Court directs top cop to look into the mosquito menace in Taloja prison

poster by @/bakeryprasad

Prisoners of conscience

16/11/22

Deccan Herald / by Jyoti Punwani

Is it just their relentless opposition to State policies that gets the NIA’s goat, or is it also their privileged background?
Stone walls do not a prison make, nor iron bars a cage. Sometimes they do, even for the most creative minds.
Take Maharashtra’s Taloja Jail, on the outskirts of Mumbai. For the last almost three years, it’s been home to some of the country’s most valuable public intellectuals, and also the site of their steady deterioration. The Bhima Koregaon trial is yet to begin, but the 16 accused have already been punished, by the NIA that’s handling their case and the jail authorities.
Read more


Court directs top cop to look into the mosquito menace in Taloja prison

16/11/22

Free Press Journal / by Staff Reporter

In his plea made on Tuesday, he said that there is no reply from the jail’s superintendent despite the court’s direction to the authority to file one.
Following an application by civil rights activist and accused in Bhima-Koregaon case, Anand Teltumbde, on Tuesday, a special court has directed the Deputy Inspector General of police (DIG, Prisons) to look into the mosquito menace in Taloja prison as the jail superintendent has not complied with previous orders to take precautions to control the situation despite repeated directions.
Read more


Also read:
Two more accused move court seeking mosquito nets (Hindustan Times / Sep 2022)
Gautam Navlakha approaches court again seeking mosquito net (Scroll.in / Sep 2022)
Bhima Koregaon accused calls off hunger strike (The Hindu / May 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)
by PantherAjay (May 27, 2022):
Jailed Shahir Sagar Gorkhe is not the only under trail prisoner who has been continually harassed and whose ‘Machchhardani’ stolen by the insolent jail administration. This is an attempt to condemn the unlawful treatment meted against the under trial prisoners and to safeguard their rights. Following is the account of a similar incident that was faced by another imprisoned writer and poet Ramesh Gaichor translated from the original written in Marathi.

Gautam Navlakha’s Release Further Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

Gautam Navlakha’s Release Further Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

Gautam Navlakha

Gautam Navlakha’s Release Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

16/11/2022

The Wire / by pti

Actor Suhasini Mulay appeared in the court on Wednesday and said she was standing as surety for the activist.
The release of activist Gautam Navlakha, an accused in the Elgar Parishad-Maoists links case, was delayed yet again on Wednesday as the National Investigation Agency (NIA) raised safety concerns about the premises in Navi Mumbai where he had proposed to live during his house arrest.
Read more


Supreme Court Waives Requirement Of Solvency Certificate For Gautam Navlakha To Avail House Arrest [read order]

16/11/2022

Live Law / by Livelaw News Network

The Supreme Court on Tuesday waived the condition that activist Gautam Navlakha, who is lodged in Mumbai prison in the Bhima Koregaon case, should obtain a solvency certificate for availing the benefit of house arrest.
Last week, the Court had allowed Navlakha’s request to be placed under house arrest in consideration of his medical condition. However, the Court had imposed several conditions, including the requirement to furnish surety of Rs 2 lakhs.
Read more


SC alters conditions to facilitate house arrest

16/11/2022

Hindustan Times / by Abraham Thomas

The Supreme Court on Tuesday waived the requirement of a solvency certificate in a case involving activist Gautam Navlakha who was allowed to be placed under house arrest
The Supreme Court on Tuesday waived the requirement of a solvency certificate in a case involving activist Gautam Navlakha, who received relief from the top court and was allowed to be placed under house arrest but whose release from jail was delayed over the certificate and other documents.
Read more


Civil rights activist Gautam Navlakha’s payment for house arrest expenses rejected by CP, Navi Mumbai

15/11/2022

Free Press Journal / by Staff Reporter

A special court was informed about the rejection by Navlakha’s lawyer on Monday. Navlakha’s plea for house arrest was permitted by the Supreme Court last Thursday.
In what could mean a delay for civil rights activist Gautam Navlakha’s release from prison and into house arrest, the Commissioner of Police, Navi Mumbai has rejected a demand draft payment of Rs 2,40,000 made for police deployment expenses during house arrest.
Read more


4 days after SC order, activist Navlakha yet to be placed under house arrest

14/11/2022

Midday.com / by pti

However, till Monday evening he was still in prison as formalities for his release could not be completed.
Jailed human rights activist Gautam Navlakha, who was last week allowed to be placed under house arrest for a month by the Supreme Court owing to his medical condition, is yet to walk out of Navi Mumbai’s Taloja prison, where he is lodged in connection with the Elgar Parishad-Maoist links case, as formalities for his release are still under process.
Read more


Also read:
Supreme Court allows Gautam Navlakha’s plea seeking house arrest (The Leaflet / Nov 10, 2022)

Bhima Koregaon – Before the Law

Bhima Koregaon – Before the Law

Monthly Review / by Saroj Giri

In “Before the Law,” Franz Kafka portrays a countryman who can only be forever “before the law,” but never entering. “It is possible” to gain entry, says the doorkeeper, “but not at the moment.” The man gets old and is about to die—and only now does he understand that the gate was meant for him! “No one else could ever be admitted here, since this gate was made only for you. I am now going to shut it.“
… Bhima Koregaon is, in terms of its empirics, so loaded with historical memory and the legacy of caste oppression that the so-called progressive left would rather take cover in the past-erasing, rarefied realms of the futuristic non-world of the constitution and the rights and innate liberties it supposedly guarantees to all citizens. Before the law, any day!
Read more


Also read/watch:
The Bhima Koregaon Arrests and the Resistance in India (Monthly Review / April 2022)
Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati, by Sudhir Dhawale │ March 2018)

● Documentary: The battle of Bhima Koregaon – an unending journey

multiple Indian languages / en subtitles │ 50 min │ 2017

By pedestrian pictures

Direction and Camera – Somnath Waghmare
Editor – Deepu (Pradeep K P)

About the film
History speaks about great wars fought, brave warriors and clever kings and emperors. What history doesn’t do is justice to the wars, warriors and leaders of the oppressed. This documentary is about the 500 Mahar soldiers who offered to fight alongside their countrymen, against the colonisers. Rejected by the ruling class they joined forces with the colonisers and fought in the ‘Bhima Koregaon Battle’, defeating the Brahminical rule of the Peshwas. Just as history did, so do the media and ruling class today conveniently forget to acknowledge them. On​ the 1st of​ January, every year, 20 lakh (2 million) people gather at Bhima-Koregaon, Pune, Maharashtra to commemorate that battle. No national or local media covers the largest annual gathering in the region. The documentary captures the history of Bhima Koregaon and its relevance to contemporary Dalit issues and politics in the country. It tells the history of the​ ​Bahujans through the coverage of the events of this gathering.
Watch video

The Uses (and Abuses) of Investigative Agencies

The Uses (and Abuses) of Investigative Agencies

The Wire / by Ajay K. Mehra

A critical look at the three central agencies show how and why they were conceived and how they are being used today.
It has been over a decade since Supreme Court Justice R.M. Lodha described the Central Bureau of Investigation as a “caged parrot” that speaks in “its master’s voice” in 2013, highlighting disconcerting trends of the misuse of federal probe agencies.

National Investigation Agency
The NIA’s political overreach was seen for the first time in June, 2020, when the Union Ministry of Home Affairs transferred the Bhima Koregaon-Elgar Parishad case to it from the Maharashtra Police, which was conducting the investigation of the case from the inception. Human rights activists campaigning against the BJP’s Hindutva agenda congregated on December 31, 2017.
Read more


Also read:

● PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR

Study of UAPA Abuse in India, 2009 – 2022
Published: Sep 28, 2022
41 pages
PUCL’s study on the use and abuse of UAPA covering the period between 2009 and 2022, with special emphasis on the NIA.
Download report

Struggling to find evidence in Bhima Koregaon case, NIA is now resorting to outright bullying (Scroll.in / Sep 2020)
Dubious decision: On NIA takeover of Bhima Koregaon case (The Hindu / Jan 2020)
Bhima-Koregaon case transferred to NIA to compromise independent probe: Front Line Defenders (Sabrangindia / Jan 2020)

Bombay High Court reserves order in bail plea filed by Anand Teltumbde

Bombay High Court reserves order in bail plea filed by Anand Teltumbde

Anand Teltmumbde

Times of India / by Swati Deshpande

Bombay high court bench of Justices Ajay Gadkari and M N Jadhav on Friday reserved for orders a bail application filed by Anand Teltumbde, 73, former management professor accused of alleged Maoist links and under the stringent anti-terror law—UAPA-, in the 2018 Elgar Parishad case from Pune.
Teltumbde’s plea on merits filed last year argues that he was never present at the December 31, 2017 Elgar Parishad event nor made any provocative speeches.
Read more

As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

11/11/2022

Scroll.in / by Umang Poddar

When allowing him to leave Taloja jail for house detention, the Supreme Court on Thursday listed stringent conditions he would have to follow.
On Thursday, the Supreme Court allowed human rights activist Gautam Navlakha, who has been in Taloja jail since April 2020 in the Bhima Koregaon case, to be placed under house arrest for a month. The activist, who is 70 years old, said that he was suffering from various health ailments and had asked to be shifted out of jail.
While ordering house arrests, courts have the power to impose conditions as they deem fit, so that the trial is not hampered. In a 2021 case, the Supreme Court ruled that house arrests can also be used as a form of detention.
Read more


Elgar Parishad-Bhima Koregaon accused struggle to find house in city

11/11/2022

Hindustan Times / by Charul Shah and Gautam S Mengle

Getting a house in and around the city has been a challenge – both due to financial reasons as well as the fact that they were arrested by the National Investigation Agency (NIA) and charged under sections of the UAPA for alleged Naxalite links
The Supreme Court on Thursday allowed Elgar Parishad – Bhima Koregaon violence case accused Gautam Navlakha for a month’s house arrest on account of his old age and ill health.
Read more

Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

Gautam Navlakha

by Bar & Bench (Nov 10, 2022):
#BREAKING Supreme Court allows Gautam Navlakha plea for house arrest instead of being lodged in jail.
Bench led by Justice KM Joseph permits house arrest for a month subject to conditions.


Supreme Court allows Gautam Navlakha’s plea seeking house arrest

10/11/2022

The Leaflet / by Sarah Thanawala

On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, allowed the plea to place the petitioner, Gautam Navlakha, under house arrest for a period of one month subject to stringent restrictions and conditions.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court. The petitioner, in custody since April 2020, stands accused along with 15 others. He is currently lodged at Taloja jail in Mumbai, awaiting trial.
Read more


Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

10/11/2022

Bar & Bench / by Abhimanyu Hazarika

The Court directed that Navlakha shall not be permitted to use computer, internet or any other communication device while under house arrest.
The Supreme Court on Thursday allowed a plea filed by Bhima Koregaon accused Gautam Navlakha to be shifted from jail to house arrest for a month.
Navlakha has to deposit an amount of ₹2.4 lakh as expenses for his security cover when he is under house arrest, a bench of Justices KM Joseph and Hrishikesh Roy ordered.
Read more


Supreme Court Allows Transfer Of Bhima Koregaon Accused Gautam Navlakha To House Arrest For One Month, Imposes Conditions

10/11/2022

Live Law / by Livelaw News Network

The Supreme Court has ordered that 73-year-old human rights activist Gautam Navlakha, who is in custody in connection with the Bhima Koregaon case, be transferred to house arrest within 48 hours on account of his medical condition. The order is interim in nature and will be reviewed after one month.
Read more

Supreme Court Allows Transfer Of Gautam Navlakha To House Arrest For One Month [VIDEO]

Live Law / by Aaratrika Bhaumik


en | 5:37min | 2022
Watch video


SC allows Gautam Navlakha to be under house arrest

10/11/2022

Scroll.in / by Scroll Staff

The 70-year-old activist had cited ill health and poor facilities in prison as the reasons behind his transfer from Taloja Jail.
The Supreme Court on Thursday allowed jailed activist Gautam Navlakha to be under house arrest for a month, Live Law reported. Navlakha had filed a plea seeking to be shifted from jail on grounds of ill health and poor facilities in prison.
A bench headed by Justice KM Joseph ordered jail authorities to carry out the necessary evaluation of the premises where Navlakha will be kept and directed them to shift him within 48 hours.
Read more


Live Thread: #SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest

10/11/2022

By Bar & Bench – Live Threads

#SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest.
ASG SV Raju: There’s a twist in the tale. We have reason to believe that the medical report is tainted. The doctor at Jaslok hospital is his sister’s husband.
Adv: That was never a secret.
ASG: That doctor has a senior position. Please see the medical report. We are investigating.
Justice Roy: You are trying to make an argument of prejudice, his was one of many specialists’ opinions. If one of them is related will it make the report biased? Please be responsible with your arguments.

SC: you can deposit 2,40,000 and then have it refunded if you are acquitted.
Sibal: But my lords, that deposit will then keep increasing.
But we will deposit.

Order: We would this think that he should be allowed to be placed for house arrest for a period of one month.

Read full thread


Gautam Navlakha gets Supreme Court relief, to be shifted to house arrest

10/11/2022

The Indian Express / by Express Web Desk

Earlier, the NIA opposed Gautam Navlakha’s plea to be shifted to house arrest, claiming that he is “in touch with Kashmiri extremists” and Pakistani intelligence agency “ISI”.
The Supreme Court Thursday allowed Bhima Koregaon violence case accused Gautam Navlakha to be shifted to house arrest.
In its order, the bench noted, “We consider it appropriate to grant house arrest given his age. Still further, our attention is drawn to the multiple medical problems the petitioner is faced with, and that charges have not been framed in a trial that will not happen in the foreseeable future.”
Read more


Also read:
Who is Gautam Navlakha, soon to be under house arrest after Supreme Court relief? (The Indian Express / Nov 2022)
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

4 years, 16 arrests and no framing of charges / Treatment, straw, books … things BK16 have asked courts for

4 years, 16 arrests and no framing of charges / Treatment, straw, books … things BK16 have asked courts for

poster by @/bakeryprasad

4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case

10/11/2022

The Indian Express / by Sadaf Modak

With trial yet to begin, the Supreme Court recently asked the NIA court to expedite framing of charges in 2018 case
Gautam Navlakha, an accused in the Elgaar Parishad case, was allowed on Thursday to be shifted to house arrest after he filed a plea in the Supreme Court considering his health.
On August 18, the Supreme Court directed the special court in Mumbai conducting the trial in the Elgaar Parishad case to decide on framing of charges and discharge pleas of the accused within three months. The delay in the framing of charges has meant that four years after the Pune Police made nine arrests and the National Investigation Agency made seven arrests in the case, the trial in the 2018 case is yet to begin.
Read more


Treatment, straw, books… things Bhima Koregaon accused have asked courts for

10/11/2022

The New India Express / by pti

In December 2020, Navlakha’s partner Sahba Husain said the former’s spectacles were stolen in jail and when his family sent him a new pair, the jail authorities refused to accept them.
The Supreme Court order permitting jailed activist Gautam Navlakha to be kept under house arrest for a month has brought to the fore several applications filed by the accused in the Elgar Parishad-Maoist links case lamenting lack of facilities in jail and denial of access to the same.
Besides seeking medical treatment, the accused in the case have time and again approached courts for permission to get books, chairs, drinking straws, spectacles and mosquito nets inside the prison have asked courts for.
Read more


Supreme Court’s Concerns Regarding the Health of Gautam Navlakha Are Widely Shared

10/11/2022

Countercurrrents / by Bharat Dogra

The concerns expressed by a Supreme Court Bench on November 9 regarding the health of an elderly political prisoner Gautam Navlakha have been widely appreciated in the country. Justice Hrishikesh Roy found it disturbing that hardly any progress had been made since the charge-sheet against him was filed in October 2020 ( over two years ago). Justice K.M. Joseph stated, “ He is a 70 year old man. He is not in the best of health. We don’t know how long he will live.”
Read more


Gautam Navlakha Shifted To House Arrest, Who Are The Other Bhima-Koregaon Accused?

10/11/2022

Outlook India / by Outlook Web Desk

Gautam Navlakha, 70, has been in custody since April 14, 2020, and was lodged in Taloja prison in Navi Mumbai in connection with the Elgar Parishad-Maoist link case.
Even as activists, civil society members friends and family of jailed activist Gautam Navlakha celebrated the Supreme Court order to allow his plea to be placed on house arrest, many of the 15 activists, teachers and social workers accused and arrested in the Bhima Koregaon case continue to languish in jail.
Read more


Also read:
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)
Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)
As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

We Are Considering To Send Him On House Arrest: Supreme Court To NIA In Gautam Navlakha’s Plea

We Are Considering To Send Him On House Arrest: Supreme Court To NIA In Gautam Navlakha’s Plea

Gautam Navlakha

‘We Are Considering To Send Him On House Arrest, Tell Us What Are The Conditions To Be Imposed’? Supreme Court To NIA In Gautam Navlakha’s Plea

09/11/2022

Live Law / by Livelaw News Network

The Supreme Court is likely to pronounce tomorrow the order on the application moved by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest on account of his medical condition.
“This Court has considered house arrest as a form of custody… All kinds of restrictions. We will try out. He’s not in the best of health,” the Top Court said after an hour-long hearing.
Read more


The corrupt destroy the country, Supreme Court counters government in Gautam Navlakha case

09/11/2022

The Hindu / by Krishnadas Rajagopal

Additional Solicitor General S.V. Raju had said that people like activist Navlakha want to destroy the country
A Supreme Court Bench stated on November 9 that it is corrupt who destroy the country, in a sharp response to the government’s claim that people like activist Gautam Navlakha, who is charged under UAPA in the Bhima Koregaon case for alleged Maoist links, “want to destroy the country and their ideology is that type”.
Read more


SC Says It May Put Gautam Navlakha Under House Arrest

09/11/2022

The Wire / by The Wire Staff

The top court asked the National Investigation Agency to inform it about the kind of restrictions that should be enforced while the activist is under house arrest.
The Supreme Court on Wednesday indicated that it may place activist Gautam Navlakha, arrested in the Elgar Parishad case, under house arrest, asking the National Investigation Agency (NIA) to inform it about the kind of restrictions that should be enforced.
The top court asked additional solicitor general (ASG) S.V. Raju, appearing for the NIA, to seek instructions and inform it.
Read more


#SupremeCourt hearing plea by activist Gautam Navlakha

Thread by Bar & Bench – Live Threads (Nov 9, 2022:)

#SupremeCourt hearing plea by activist Gautam Navlakha, accused in #BhimaKoregaon case, seeking house arrest

Sr Adv Kapil Sibal: Medical reports show he cannot receive the treatment needed in jail. [Reads from reports]

ASG SV Raju: Only got them today. Will need time to examine. Sibal continues reading

Read full thread


by The Times of India (Nov 9, 2022):
SC asks NIA to brief the court tomorrow on what kind of restrictions it wanted for social activist Gautam Navlakha if he is allowed to come out of jail and be kept under house arrest


Also read:
Supreme Court directs parties to inspect Gautam Navlakha’s medical reports (The Leaflet / Oct 2022)

A Govt of India move to ‘force’ journos to join cacophony of state propaganda: CASR

A Govt of India move to ‘force’ journos to join cacophony of state propaganda: CASR

‘Disproportionate and Politically Motivated’: Diasporic Outfits Condemn Police Raids on ‘The Wire’

05/11/2022

The Wire / by The Wire Staff

As many as 21 Indian diasporic organisations from across the globe saw the raids on ‘The Wire’ as part of an “ongoing deterioration of journalistic and press freedoms in India”.

We Stand with The Wire 
We are writing as diasporic Indian organizations and allies to express our solidarity with The Wire. We strongly condemn the witch hunt to which they are being subjected by the state.
… Egregiously, the phones and laptops of the four Wire editors, the accountant, and the business officer were seized without being sealed and without provision of the hashtag value by the authorities for the seized devices at the time of the seizures. The hash value is the single most important forensic evidence that captures the total state of the electronic devices at the time of seizure. It allows for forensic experts to determine whether any tampering of the device took place after seizure. In short, the hashtag ensures the integrity of the stored data. Given the emerging evidence around electronic surveillance and the reports of planted and ‘fabricated’ evidence used to implicate political prisoners such as the Bhima Koregaon 16, we are highly concerned about any claims by authorities based on the data on the above devices.

Read full statement


A Govt of India move to ‘force’ journos to join cacophony of state propaganda: CASR

05/11/2022

Counterview / by Campaign Against State Repression (CASR)

The Campaign Against State Repression (CASR) condemns the raids carried out by Delhi Police at mid night on the house of the various editors of The Wire and its office based in Delhi, on the complaint of BJP Spokesperson Amit Malviya pertaining to series of articles about Amit Malviya enjoying special censorship on the contents being published on social media company named ‘Meta’.

… Be it in the arrest of academics, activists, lawyers, journalists and poets in the Elgaar Parishad-Bhima Koregaon case or the incarceration of journalist Rupesh Kumar Singh, Siddiqui Kappan, Fahad Shah of ‘Kasmir Walla’, Asif Sultan and now several more, it is evident that the State is becoming more and more intolerant of any critical voice or dissent. At such times, it is imperative that democratic and progressive voices speak out, else risk being silenced forever.
Read full statement