Mr. Rao’s bail conditions do not permit travel out of Greater Mumbai
The Supreme Court on August 16 allowed activist-poet Varavara Rao, an accused in the Bhima Koregaon case, to move the trial court for permission to go to his native Hyderabad for cataract surgery in order to spare himself the expenses of doing it in Mumbai.
A three-judge Bench led by Justice U.U. Lalit asked the trial court to decide Mr. Rao’s plea, if made, for leave to go to Hyderabad, within three weeks. Read more
ED to question Surendra Gadling about allegedly funding Maoists
17/08/2022
Sabrangindia / by Sabrangindia
A special NIA court had granted permission to the ED to conduct questioning between Aug 17 and 19.
A team of the Enforcement Directorate will today start questioning advocate Surendra Gadling in connection with allegations of funding a banned Maoist organization…
What is also noteworthy is that in June 2021, American digital forensics firm Arsenal unearthed evidence that 14 key files mentioned in the chargesheet against activist and lawyer Surendra Gadling were planted on his hard drive using Netwire, the very same malware that was used to plant false evidence on a laptop belonging to Rona Wilson, another accused in the case. Read more
Documents link Surendra Gadling to ‘Maoist money during demonetisation, hawala fund’
17/08/2022
The Indian Express / by Chandan Haygunde
The ED will be recording Elgaar Parishad case accused Surendra Gadling’s statement in Taloja Jail between Aug 17 and 19, sources said, adding that properties in the name of Gadling and his wife are also under ED scanner.
Surendra Gadling, one of the accused in the Elgaar Parishad case, will now be questioned by the Enforcement Directorate (ED) for his alleged role in funding the activities of the banned CPI (Maoist), officials said, adding that the interrogations are likely to begin Wednesday. Read more
‘You know the factors against you and those in favour, and you use the weapons you have in accordance with the strategy you’ve developed.’
Senior Counsel Anand Grover, last week got regular bail on medical grounds from the Supreme Court for Telugu poet and Bhima Koregaon accused Professor Varavara Rao.
“With all these ailments, if at his age, he were to go back to Taloja jail, his situation would deteriorate,” Grover tells Jyoti Punwani. Read more
Varavara Rao: The old man won’t die in jail. Thanks, SC
15/08/2022
Deccan Herald / by DH News Service
The grant of permanent bail to 82-year-old poet and activist Varavara Rao by the Supreme Court in the Bhima-Koregaon case came after a long and difficult legal struggle.
He was arrested under the draconian Unlawful Activities (Prevention) Act (UAPA) in 2018 and was granted medical bail in 2021. It had been extended from time to time on medical grounds. Now, the SC has granted him regular bail with conditions. Read more
Lyrics by Shahir Sagar Gorkhe, sung by Adv Surendra Gadling Watch video
PEN AMERICA, WITH 102 INTERNATIONAL WRITERS AND ARTISTS, CALLS FOR INDIA TO UPHOLD THE FREEDOM TO WRITE AHEAD OF 75TH INDEPENDENCE DAY CELEBRATION
15/08/2022
Pen.org / by PEN America
Raises Ongoing Concerns About Fraying of Free Expression and Jailing and Silencing of Writers
(NEW YORK)—As India marks 75 years of independence today, 102 notable U.S. and international writers and creative artists, including Marina Abramovic, Paul Auster, J.M. Coetzee, Jennifer Egan, Jonathan Franzen, Azar Nafisi, and Orhan Pamuk, joined PEN America and PEN International in signing a letter to Indian President Droupadi Murmu, raising concern over the deterioration of free expression and calling for the release of imprisoned writers and dissident and critical voices…
Seven of the eight writers in prison in India during 2021 have been detained in connection with the ongoing Elgar Parishad case, concerning a deadly inter-caste altercation in the village of Bhima Koregaon in 2018. In response, state- and national-level authorities detained a broad swathe of leftist writers and intellectuals, accusing them of inciting the violence and of links to banned groups. Read full statement
INDIA AT 75 | CONTRIBUTORS S – Z
15/08/2022
PEN America / by Siddhartha Deb
…
Siddhartha Deb
I am not allowed to say the name of the person who told me, years ago: “India is not a nation. It is a prisonhouse of all possible nations.” Now this person is incarcerated, but I can’t describe the specifics of their suffering…
I can say the name of Stan Swamy, incarcerated and, eventually, killed by the Indian state on July 5, 2021. I can say his name because his life, if not his memory, is beyond the reach of the prisonhouse. Father Stan, dead at 84 because those running India are terrified of a Jesuit priest whose life was dedicated to working with indigenous people brutalized by Hindutva, the state, and the market. Read more
Our friend Mahesh is spending his 5th Independence Day in the prison with all the other activists in the Elgar Parishad case. They await their freedom. Please spare a thought for each one of them.
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.
In this post, a fellow traveller of Stan’s in prison shares his reflections about the Jesuit priest who became one India’s foremost human rights defenders: the background to Stan’s own awakening and then participation in the continuing resistance movements among the most marginalised of Indian citizens, its indigenous peoples, the Adivasis:
People call him Father Stan Swamy. This way of addressing is different from the Maoist usage. He opted for the Christian way of life in the Jesuit order when he was an adolescent. He migrated from Tiruchirappalli in Madras State to Jamshedpur which was, at that time, part of the undivided Bihar State. Jamshedpur is the habitat of tribal people. The people who work in the coal reserves and steel factories, and the people who live in the nearby forests are all tribals. Being idealistic from a very young age, Stan was influenced by the preaching and practice of Jesus Christ. Read more
On courts and the tenability of the case / “When Will Trial Start?”: SC asks NIA
Just in case: On courts and the tenability of the Bhima Koregaon case
12/08/2022
The Hindu / by Editorial
It is time the tenability of the Bhima Koregaon case was examined by courts.
The grant of bail to the 82-year-old Telugu poet and activist, Varavara Rao, on medical grounds is a welcome relief to at least one of those arraigned in the controversial Bhima-Koregaon case under the Unlawful Activities (Prevention) Act. Read more
Punishing process: Supreme Court bail for Varavara Rao again raises questions for the justice system
11/08/2022
Times of India / by TOI Edit
In granting permanent medical bail to Varavara Rao, the Supreme Court has made it clear that stringent restrictions against bail in laws like UAPA don’t hinder constitutional courts from protecting fundamental rights. Last year, SC had relied on this principle to uphold bail to a UAPA accused – arguing that his incarceration for over five years while the trial crawled on was unjustified. But Rao’s bail, granted on technical grounds – medical condition, advanced age, adherence to bail conditions, delay in framing charges – doesn’t answer any of the larger questions confronting the justice system. Read more
“When Will Trial Start?”, “How Will Letters Be Proved?”, Supreme Court Asks NIA In Bhima Koregaon Case
10/08/2022
Live Law / by Livelaw News Network
While hearing Varavara Rao’s bail application, the Supreme Court on Wednesday posed a host of queries to the National Investigation Agency on the Bhima Koregaon case, in which the agency has kept in custody several persons from academic-activist backgrounds on UAPA charges over alleged links with banned Maoist organization. Read more
ED’s hidden agenda to implicate me in another false case to prevent release: Surendra Gadling
ED’s hidden agenda to implicate me in another false case to prevent release: Surendra Gadling
11/08/2022
The Indian Express / by Sadaf Modak
In its plea, the ED has said that Surendra Gadling is an active member of the banned organisation and was involved in the raising and disbursement of funds for “violent activities”.
Nagpur-based lawyer Surendra Gadling, an accused in the Elgaar Parishad case who has been behind bars since 2018, claimed that the Enforcement Directorate (ED) has a “hidden agenda” to implicate him in another “false case” to make it difficult for him to secure a release. Read more
NIA to interrogate Surendra Gadling on allegations of money laundering
11/08/2022
The Leaflet / by Sarah Thanawala
The interrogation takes place despite the fact that Gadling has questioned the basis of ED’s investigation.
On August 10, the National Investigation Agency (‘NIA’) court, presided by Special Judge Rajesh Kataria, allowed the Enforcement Directorate (‘ED’) to record human rights lawyer and Dalit rights activist Surendra Gadling’s statement on his alleged connection with money laundering. According to the NIA court’s order, whether there are proceeds of crime or not falls under the purview of investigation and hence, interrogation by the ED needs to be permitted. Accordingly, Gadling will be interrogated from August 17 to August 19, in Taloja Central Jail. Read more
Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling’s Statement In PMLA Case
10/08/2022
Live Law / by Sharmeen Hakim & Amisha Shrivastava
The Special NIA Court has allowed the Enforcement Directorate to record accused-advocate Surendra Gadling’s statement in a money laundering case registered last year against certain accused in the Bhima Koregaon – Elgar Parishad Case.
Special Judge Rajesh Katariya passed the order on ED’s plea seeking to record Gadling’s statement under section 50(2) of the PMLA Act inside Taloja Prison. The agency has been allowed to record his statement on 17,18 and 19 August, 2022. Read more
The apex court has ordered Rao to remain in Mumbai and said the regular bail granted to him was not a reflection on the merits of case
Telugu litterateur P. Varavara Rao’s family on Wednesday welcomed the Supreme Court’s judgment granting him regular bail on the grounds of advanced age and multiple ailments, hoping this could eventually lead to him being in the care of his family in Hyderabad and possible acquittal. Read more
‘First Step Towards Acquittal’: Varavara Rao’s Family on Bail by Supreme Court
10/08/2022
The Quint / by Nikhila Henry
On 10 August, the Supreme Court granted bail to Telugu poet and activist Varavara Rao, who has been waiting for a respite on medical grounds for 19 months. His family, however, thinks the 83-year-old’s fight is far from over.
“In today’s mood, I am hopeful that he will come back home,” Rao’s daughter P Pavana told The Quint. “This is only the first step. We are hoping that he will be allowed to come to Hyderabad and be with his family. And finally, we are hoping that he will be acquitted in this case,” N Venugopal, Varavara Rao’s nephew, told The Quint. Read more
PEN International (Aug 10):
#India: We are pleased that poet #VaravaraRao has been granted regular bail today. However, he remains subject to onerous bail conditions and with a trial pending. If convicted, he faces a potential death sentence. We continue to call for his immediate and unconditional release.
#VaravaraRao granted bail
Varavara Rao is no stranger to being imprisoned, but the poet and activist is also the conscience of our society – an intellectual we must protect from the excesses of a state determined to destroy dissenters. Watch video
by Cedric Prakash (Aug 10):
Supreme Court Grants Bail To Varavara Rao On Medical Grounds In Bhima Koregaon Case, Deletes HC Condition. Delayed but good news Hopefully all incarcerated in #BhimaKoregaonCase will be given bail & acquitted incl late #FrStanSwamy
by Amnesty India (Aug 10):
We welcome Supreme Court’s decision to grant regular bail to Varavara Rao, arrested in August 2018 & given interim bail last year on medical grounds.
But 13 others continue to be imprisoned without trial in the case.
Authorities must stop the crackdown & free them all.
#FreeBK16
…
Supreme Court grants permanent medical bail to P. Varavara Rao [read order]
Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case [read order]
10/08/2022
The Leaflet / by The Leaflet
A bench, presided by the CJI-designate, Justice Uday Umesh Lalit, was satisfied that Dr. Rao did not misuse his freedom during the six-month bail granted by the Bombay High Court, and therefore deserves to be granted permanent bail for health reasons.
On Wednesday, a Supreme Court bench comprising Justices Uday Umesh Lalit, Aniruddha Bose and Sudhanshu Dhulia granted permanent medical bail to 82-years old poet, activist and teacher Dr. P. Varavara Rao, accused of inciting violence in the Bhima Koregaon case. Factors such as his old age, two and half years of custody, non-framing of charges against Dr. Rao, and his deteriorating health weighed in favour of the grant of bail. Read more
Supreme Court Grants Medical Bail To Varavara Rao, Deletes HC Condition To Surrender After 3 Months
10/08/2022
Live Law / by Rintu Mariam Biju
The Supreme Court on Wednesday granted medical bail to 84-year old P Varavara Rao, who has been booked under the Unlawful Activities Prevention Act in the Bhima Koregaon case for alleged links with banned Maoist organization.
A bench comprising Justices UU Lalit, Aniruddha Bose and Sudhanshu Dhulia passed the order in the Special Leave Petition filed by Rao challenging the Bombay High Court’s refusal to grant him permanent bail on medical grounds. Read more
Supreme Court grants bail to Varavara Rao on medical grounds
10/08/2022
Bar & Bench / by Debayan Roy
The Court made it clear that this order shall not impact the cases of the other accused or of Rao on merits. Rao was ordered not to leave the jurisdiction of Mumbai.
The Supreme Court on Wednesday granted bail to Bhima Koregaon accused Varavara Rao, who was arrested in 2018, on medical grounds.
A Bench of Justices UU Lalit and S Ravindra Bhat ordered,
“Matter has not even been taken up for framing of charges and the discharge applications by accused and others are also pending. The medical condition of Rao has not improved over period of time so that bail granted is withdrawn. We thus find P Varavara Rao is entitled to bail on medical grounds. We thus delete the para limiting the bail to a period of time.” Read more
SC Grants Varavara Rao Permanent Bail on Medical Grounds
10/08/2022
The Wire / by The Wire Staff
The apex court has deleted the condition imposed by the Bombay high court under which the activist had to surrender in three months from April.
The Supreme Court has granted activist and poet Varavara Rao – held as an undertrial in the Elgar Parishad case since August 28, 2018 – permanent bail on medical grounds.
Out on medical bail since March 6, 2021, the 84-year-old had moved the Supreme Court for permanent bail on the same grounds after his plea was rejected by the Bombay high court on April 13. Read more
Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court
Varavara Rao’s Acts Were Against The State, Not Entitled To Bail: NIA To Supreme Court
09/08/2022
Live Law / by Shruti Kakkar
The National Investigation Agency on Monday told the Supreme Court that it is not justifiable for Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao to seek bail on constitutional grounds when his acts are against the interest of the society and state.
“The act of the petitioner/accused has a direct impact on the unity, integrity, security and sovereignty of India. Needless to revisit the history even to date the Naxalite- Maoist insurgency has been plaguing in this country that caused immense destruction, and very significantly took many lives of police, security personnel, etc., which is principally spearheaded by the Communist Party of India (Maoist). Read more
Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court
09/08/2022
Scroll.in / by Scroll Staff
The probe in the Bhima Koregaon case has revealed that the activist was pursuing the agenda of the CPI(M) to topple the democratic government, the NIA alleged.
The National Investigation Agency on Monday submitted an affidavit to the Supreme Court stating that granting permanent bail to activist Varavara Rao may have a direct impact on “the unity, integrity, security and sovereignty” of the country, the Hindustan Times reported.
Rao, 83, is among the 16 activists who have been charged under the stringent Unlawful Activities (Prevention) Act for allegedly conspiring to set off caste violence in Bhima Koregaon village near Pune in 2018. Read more
Varavara Rao’s deeds are against State and public; deserves no relief: NIA to SC
09/08/2022
Hindustan Times / by Abraham Thomas
Ahead of his bail plea hearing in connection with the Bhima Koregaon violence case of 2018, the National Investigation Agency (NIA) on Monday told the Supreme Court that awarding relief to 83-year-old Telugu poet P Varavara Rao may have a ‘direct impact on the unity, integrity, security and sovereignty of the country’.
The Supreme Court last month extended Rao’s interim bail till August 10 on medical grounds. Read more