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May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

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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Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

+++ The Court posted the case for further hearing on August 4, 2021 +++


Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

23/07/2021

The Indian Express / by Sadaf Modak

Oral comments made on Swamy, withdrawn by the court after ASG submitted they were ‘twisted’ on social media and by the press.
The Maharashtra government informed the Bombay High Court on Friday that a judicial magisterial inquiry into the death of Father Stan Swamy is yet to be initiated.
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Bombay High Court Withdraws Oral Praise For Late Father Stan Swamy After NIA Objection

23/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday withdrew its oral statements in praise of late tribal rights activist -Father Stan Swamy and his work – after the National Investigation Agency raised objections during his bail hearing posthumously.
Justice SS Shinde, however, said that even judges are human beings and the news of Father Swamy’s death on July 5 was sudden. Moreover, the court had added a rider that it wasn’t making any comment on Father Swamy’s incarceration or arrest under the Unlawful Activities (Prevention) Act.
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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)

After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

The Quint / by Anand Venkatanarayanan

An expert decodes Arsenal report—on planting evidence in activists’ devices—& its significance after Pegasus leaks.
In the light of Pegasus leaks, suggesting that Indian government used a spyware to snoop on politicians, constitutional appointees, journalists, and activists, the Bhima Koregaon case deserves fresh and sharp attention.
The Bhima Koregaon case (BKC) is a unique case in many aspects, but one aspect stands out – the planting of evidence through the use of malware as detailed by the Arsenal reports (Report one, two, three).
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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)

For India’s undertrials, the legal process is the punishment

For India’s undertrials, the legal process is the punishment


Drawing by Arun Ferreira

The Indian Express / by Nandita Rao

After the death of Stan Swamy, questions about the conditions of jails and treatment of the incarcerated have been raised anew
Michel Foucault, in Discipline and Punish: The Birth of the Prison, wrote, “punishments like imprisonment – mere loss of liberty – has never functioned without a certain additional element of punishment that certainly concerns the body itself: rationing of food, sexual deprivation, corporal punishment, solitary confinement… There remains, therefore, a trace of ‘torture’ in the modern mechanisms of criminal justice.”
The National Crime Records Bureau data reports the death of over 1,800 prisoners in the year 2018. An estimated 70 per cent of prison inmates are undertrials, so it can be safely assumed that a large percentage of those dying in prison are not convicted of any offence.
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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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NIA Court rejecting bail to Anand Teltumbde [read judgment]

NIA Court rejecting bail to Anand Teltumbde [read judgment]

Bail cannot be granted only because accused is innocent until proven guilty: NIA Court while rejecting bail to Anand Teltumbde [Read judgment]

16/07/2021

Bar &Bench / by Neha Joshi

The Special National Investigation Agency (NIA) Court at Mumbai observed that there was sufficient material to reach to prima facie conclusion that the accusations against Bhima Koregaon accused Anand Teltumbde are prima facie true.
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Read judgment


Special NIA Court Rejects Prof Anand Teltumbde’s Bail Application

12/07/2021

Live Law / by Sharmeen Hakim

A Special NIA Court, on Monday, rejected the bail application of former IIT professor and academic Anand Teltumbde, booked under the Unlawful Activities (Prevention) Act in the Bhima Koregaon-Elgar Parishad case.
Special Judge DE Kothalikar had reserved the application for orders on July 6, 2021. Teltumbde, 70, was arrested by the NIA on April 14, last year, after he surrendered before the agency following Supreme Court orders and applied for bail on merits in the special court on January 13, 2021.
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Also read: Castist forces cannot digest success of a Dalit scholar: Anand Teltumbde in his bail plea (Bar & Bench, Jan 2021)

State and NIA oppose default bail plea by Sudha Bharadwaj and 8 other accused in the case

State and NIA oppose default bail plea by Sudha Bharadwaj and 8 other accused in the case

UAPA Offences Will Go Before Special Court Only When NIA Investigates: Maharashtra Govt To Bombay High Court In Sudha Bharadwaj’s Plea For Default Bail

15/07/2021

Live Law / by Sharmeen Hakim

Opposing the default bail plea of Bhima Koregaon- Elgar Parishad accused Sudha Bharadwaj, on Thursday, the Maharashtra Government said that orders passed by the Pune Judge Kishore Vadane were not without jurisdiction even though he was a sessions judge and not a Special Judge under the NIA Act.
During the last hearing Justices SS Shinde and NJ Jamadar had said that the Court’s records were consistent with RTI replies received by Bharadwaj judge KD Vadane’s court was not notified as a special court under the NIA Act.
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Update by Live Law (July 15)


#BombayHighCourt will hear lawyer-activist, #SudhaBharadwaj’s plea seeking default bail on the grounds that the Pune judge was not authorised to take cognisance of the chargesheet against her and others in 2019 +++
A bench of Justices SS Shinde and NJ Jamadar will also hear a petition by other accused in the Bhima Koregaon case seeking similar reliefs +++
Hearing begins. Advocate General Ashutosh Kumbhakoni for the State. Adv Yug Chaudhry for Sudha Bharadwaj +++


Read thread @LiveLawIndia



Also read: Cognizance Of Bhima Koregaon Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? Bombay High Court To Examine (Live Law, July 8, 2021)

BK16: Why Is The Judiciary Still Sleeping? / Demise of Father Stan Swamy Marks Death of India’s Conscience

BK16: Why Is The Judiciary Still Sleeping? / Demise of Father Stan Swamy Marks Death of India’s Conscience

BK16: Why Is The Judiciary Still Sleeping?

15/07/2021

Countercurrents / by Sangeeta Kamat

The Bhima Koregaon15 spending a single additional night in jail is a travesty of justice.
The third report by Arsenal on evidence planting became public on July 6, with even more damning evidence corroborating the first two reports in February and April that confirmed extensive evidence planting on Rona Wilson’s hard drive, the first of the arrestees in the BK16 case. The third report meticulously documents transcripts of the malware and external activity on co-defendant Surendra Gadling’s hard drive from 2016 onward by the same attacker! Should not the Indian judiciary take account of the Arsenal reports to declare a fresh line of investigation into the so-called Bhima Koregaon case and release the 15 immediately?
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Demise of Father Stan Swamy Marks Death of India’s Conscience

15/07/2021

The Leaflet / by Aninda Dey

There was hardly a whimper in response to the sudden arrest of Father Stan Swamy on unproven charges of links to Maoists and sparking violence at Bhima Koregaon. His months-long incarceration under the UAPA, inhuman treatment, and tragic death is a dangerous trend that we Indians cannot ignore, for anybody could be next, writes Aninda Dey.
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Also read:
Evidence found on a second Indian activist’s computer was planted, report says (Washington Post, July 6, 2021)
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

Bombay HC directs NIA, prison authorities to examine Stan Swamy’s medical reports

Bombay HC directs NIA, prison authorities to examine Stan Swamy’s medical reports


Bangalore, July 14

Scroll.in / by Scroll Staff

Swamy’s lawyer has blamed the central agency and Taloja Jail authorities for the activist’s death.
The Bombay High Court on Tuesday directed the National Investigation Agency and the Maharashtra prison department to examine the medical reports of tribal rights activist Stan Swamy, who died on July 5, reported the Hindustan Times.
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