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Author: Rani

Arsenal Consultancy has no locus standi to give opinion in Shoma Sen’s plea, says NIA

Arsenal Consultancy has no locus standi to give opinion in Shoma Sen’s plea, says NIA

The Hindu / by Sonam Saigal

The digital forensic analyst said false evidence was planted against the retired professor to implicate her in the case.
The National Investigation Agency (NIA) told the Bombay High Court on Thursday that Arsenal Consultancy, a digital forensic analyst that said false evidence was planted against retired Prof. Shoma Sen who is an accused in the Bhima Koregaon caste violence case, has “no locus standi to give opinion without court’s permission”.
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Also read:
● Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report (The Wire / Dec 2021)

Mangaluru college to name park after Stan Swamy despite being threatened by Hindutva groups

Mangaluru college to name park after Stan Swamy despite being threatened by Hindutva groups

Action sought against Hindutva groups for threatening Mangaluru college

09/10/2021

New Indian Express / by Express News Service

This blatantly illegal behaviour is a consequence of the free run that is being given to these fascist organisations in coastal Karnataka.
An open letter, endorsed by several organisations like the Campaign to Defend Democracy, All India People’s Forum (AIPF) and activists like P Sainath, Harsh Mander and others, has called upon the Dakshina Kannada district administration and the police to take immediate action against VHP, Bajrang Dal and other right-wing outfits for engaging in criminal intimidation and issuing threats to St Aloysius College, Mangaluru, following its decision to name one of its parks after tribal activist late Fr Stan Swamy.
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Mangaluru college to name park after Stan Swamy despite being threatened by Hindutva groups

09/10/2021

Scroll.in / by Scroll Staff

A VHP leader had said its members and those belonging to the ABVP and Bajrang Dal would not let St Aloysius College hold the naming ceremony.
A college in Mangaluru has said that it will go ahead and name a park after tribal rights activist Stan Swamy though Hindutva organisations have threatened to not allow it, reported The New Indian Express on Thursday…
Meanwhile, several organisations and activists have written to the Dakshina Kannada district administration to take action against the Hindutva leaders for threatening the college administration, reported The Hindu.
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Who are these Saffronists to tell Not to Name a Park after Fr Stan Swamy in a Jesuit Property?

07/10/2021

Mangaorean.com / by Alfie Dsouza, Team Mangalorean

Mangaluru: With all the present Tension, Communal Riots, Moral Policing, Hate, etc going on in our Country in its 75th year of Independence from the Britishers, it looks like India is no longer an ‘electoral democracy, but an ‘electoral autocracy’ instead, with much of the decline in democratic freedoms occurred after the present government came to power in 2014…
And here is one instance that arose when a press meet was arranged in the City by a few Right-wing groups opposing St Aloysius Institutions, Mangaluru decision to name a park after Fr Stan Swamy, in one of their institution premises in Beeri, in the outskirts of Mangaluru.
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NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021

Sabrang India / by Sabrang India

Filing of draft charges against the accused indicates that the trial could begin anytime soon. However, the lawyers of some of the accused have asked the court to dispose the applications before it, prior to framing charges.
The National Investigation Agency (NIA) has filed draft charges before the Special NIA court in Mumbai, against the 15 accused in the Elgar Parishad/Bhima Koregaon case.
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NIA files draft charges against 15 accused in NIA Court

10/08/2021

Bar & Bench / by Neha Joshi

The lawyers appearing for the accused also prayed for deferring of hearing on framing of charges till the pending applications of the accused are disposed of, which the Court rejected.
The National Investigating agency (NIA) on Monday filed draft charges against 15 accused persons in the Bhima Koregaon case of 2018.
Framing of charges under Section 226 of the Code of Criminal Procedure is the stage where the prosecution describes the charges against the accused along with the evidence they have to prove the guilt of the accused.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

India Today / by Vidhya

The National Investigation Agency (NIA) has filed draft charges against 15 accused in the Elgar Parishad case.
Draft charges contain about 20 charges that have been slapped against the accused in the case. Section 226 of the Criminal Procedure Code (CrPC) obliges the prosecution to describe the charge brought against the accused and to state by what evidence the guilt of the accused would be proved.
In the coming days, the court will hear the accused or their lawyers, who will argue against each charge and then the judge will decide and frame the charges against each accused. The accused will be then asked if they plead guilty or not. If the accused do not plead guilty, then the trial against each accused will begin.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

The Indian Express / by Express News Service

The NIA has also proposed to charge the accused for criminal conspiracy, waging or attempting to wage a war or abetting a war against the Government of India, sedition, and promoting enmity under sections of the Indian Penal Code.
The National Investigation Agency (NIA) on Monday submitted draft charges against the 15 accused arrested in the Elgar Parishad case. The charges include sections of the Unlawful Activities (Prevention) Act pertaining to terrorist acts, unlawful activities, conspiracy, membership of banned organisation and raising funds for it.
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UAPA should not remain in this form: Former SC judges flag misuse of anti-terrorism laws

UAPA should not remain in this form: Former SC judges flag misuse of anti-terrorism laws

The Definition of “Terrorist Act” in UAPA Is So Vague That It Is Susceptible To Misuse: Justice Anjana Prakash

26/07/2021

Live Law / by Mehal Jain

Former Patna High Court judge Anjana Prakash on Saturday asserted that while the anti-terror and national security laws are to be used towards the sovereignty and protection of the State, in India, they are being employed for the sovereignty and protection of a political party.
The Supreme Court Senior Advocate was speaking at a webinar by CJAR- “Discussion On DEMOCRACY, DISSENT AND DRACONIAN LAW- Should UAPA & Sedition Have A Place In Our Statute Books?”
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UAPA should not remain in this form: Former SC judges flag misuse of anti-terrorism laws

25/07/2021

Scroll.in / by Scroll Staff

FormerSupreme Court judges Aftab Alam, Madan B Lokur, Gopala Gowda and Deepak Gupta on Saturday raised concerns on the misuse of anti-terrorism laws in India, reported The Hindu.
Justice Gupta said the courts should intervene and lay down guidelines on the use of the Unlawful Activities (Prevention) Act. “The UAPA should not remain in this form,” he said. Gupta was speaking at a virtual conference on “Democracy Dissent and Draconian Laws – do UAPA and sedition have a place in our statute books”, organised by the Campaign for Judicial Accountability and Reforms.
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It’s Time for the Government To Redeem Itself and Repeal the UAPA

25/07/2021

The Wire / by Anjana Prakash

The UAPA over the years has degenerated into a lethal weapon to quell dissent, and has been used by successive governments to legitimise sinister motives.
Whether the Unlawful Activities (Prevention) Act (UAPA) fits in with India’s constitutional framework, the international covenants it has signed, its adversarial system of trial, and whether the Supreme Court correctly decided the legality of the law’s bail pre-conditions – which are so irksome and a source of abuse – are questions that need urgent answers. Though the statute was brought in with an objective contrary to what we see today, the UAPA over the years has degenerated into a lethal weapon to quell dissent, and has been used by successive governments to legitimise sinister motives under the clichéd “procedure established by law”.
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In UAPA Cases The Process Itself The Punishment, It Stares Us In The Face In The Death Of Father Stan Swamy Without Trial: Justice Aftab Alam

25/07/2021

Live Law / by Mehal Jain

“Where has this draconian law in the world’s largest democracy taken us? The results are all there for everyone to see. It stares us in the face in the death of Father Stan Swamy without a trial”
“The UAPA shows we are willing to rob our people of freedom far more than any other country without any accountability!”, commented Justice Aftab Alam on Saturday.
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NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

25/07/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was hearing the plea filed by Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Shoma Sen, Surendra Gadling and Varavara Rao.
The National Investigation Agency (NIA) on Friday opposed the plea filed by eight accused in the Elgaar Parishad case challenging the June 2019 order of the Pune sessions court rejecting their default bail pleas.
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May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

23/07/2021

Live Law / by Sharmeen Hakim

The Maharashtra Government and the National Investigation Agency on Friday continued their arguments opposing Bhima Koregaon-Elgar Parishad accused Sudha Bharadwaj’s default bail application.
The State submitted that in her entire petition Bharadwaj hasn’t averred at a single place that she was “denied justice” because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and and other accused on February 21, 2019.
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If Court is not empowered to take cognizance, does not mean proceedings can be set aside: NIA to Bombay High Court

23/07/2021

Bar & Bench / by Neha Joshi

An affidavit stating the same was filed before the High Court in the petition filed by eight accused in the Bhima Koregaon case challenging the order refusing bail.
Merely because a court is not empowered by law to take cognizance and yet does so in good faith does not mean that the proceedings should be set aside on that ground alone, the National Investigation Agency (NIA) submitted before the Bombay High Court in the Bhima Koregaon case.
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The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

Frontline / by Anupama Katakam

The arrests and incarceration of 16 activists, known as the BK-16, on specious charges relating to the Bhima Koregaon violence case is part of the Central government’s systematic and methodical targeting of people who dissent and fight against oppression and for the causes of sections of society that a majoritarian government has no space for …
A look at the profile of each victim clearly indicates why the current regime feels threatened by their work.
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Presence of Over 60 Women in Leaked List Highlights ‘Bodily Violation’ Posed by Spyware

Presence of Over 60 Women in Leaked List Highlights ‘Bodily Violation’ Posed by Spyware

The Wire / by Sukanya Shantha

The telephone numbers of more than 60 women – homemakers, lawyers and school teachers, journalists, scientists, civil servants and even friends of politicians – figure in the leaked database of probable surveillance targets selected by an Indian agency that uses Pegasus spyware, a count by The Wire has established.
The names of some of these women have already been published in earlier stories; the identities of others have been withheld at their request.
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire, July 18, 2021)

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

22/07/2021

Free Press Journal / by Urvi Mahajani

The Bombay high court will decide on July 26 the application filed by human rights lawyer Surendra Gadling who is accused of his involvement in the Bhima Koregaon violence case, to perform last rights of his mother on her first death anniversary on August 15.
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Reason for seeking temporary bail daos not survive: NIA opposes Surendra Gadling´s temporary bail plea in Bombay High Court

22/07/2021

Bar & Bench / by Neha Joshi

Gadling had sought temporary bail from the Special NIA Court on the ground that his mother had expired in August last year but the same was dismissed by the special NIA court leading to the appeal before High Court.
The National Investigation Agency (NIA) has asked the Bombay High Court to dismiss the appeal filed by Bhima Koregaon accused Surendra Gadling seeking temporary bail, as the ground cited by Gadling regarding his mother’s demise does not survive anymore (Surendra Gadling v. National Investigation Agency)
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Also read: Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

How many years can an undertrial languish in jail without trial? HC asks NIA on Bhima-Koregaon Case

How many years can an undertrial languish in jail without trial? HC asks NIA on Bhima-Koregaon Case

How many years can an undertrial languish in jail without trial? Bombay High Court asks NIA on Bhima-Koregaon Violence

19/06/2021

Free Press Journal / by Narsi Benwal

HC says it has too much of respect for Stan Swamy and his work, irrespective of the legal position.
The Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar on Monday asked the National Investigations Agency (NIA) as to for how many years could an undertrial be languishing in jail without trial. The bench was referring to the fact that several rights activists, some of them senior citizens, arrested in the Bhima-Koregaon violence case, have been in prison without charges being framed against them, since last three years.
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We Have Respect For Father Stan Swamy’s Work: Bombay High Court

19/06/2021

Live Law / by Sharmeen Hakim

Justice SS Shinde of the Bombay High Court on Monday said late tribal rights activist and priest – Stan Swamy’s – graceful funeral service after his demise on July 5 2021, had touched him.
“I was informed about the timing of the funeral service. Such a wonderful person. The kind of services he has rendered to the society. We have respect for his work. Legally, whatever is there against him is a different matter…We normally don’t get time for TV, but we saw this funeral, and it was very graceful.”
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You will argue and leave, but we have to answer: Bombay HC to NIA during bail hearing of late Father Stan Swamy

19/06/2021

Bar & Bench / by Neha Joshi

“For how many years without trial can people be asked to languish in jails? Speedy trial is a fundamental right,” the Court said.
The Bombay High Court on Monday lamented at the inordinate delay in concluding trials resulting in accused languishing in jails as undertrial prisoners.
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