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Category: Persecution

NIA to court: Report of digital consultant submitted by Teltumbde not authenticated

NIA to court: Report of digital consultant submitted by Teltumbde not authenticated

The Indian Express / by Sadaf Modak

The report was submitted by Teltumbde’s lawyers last month to the court seeking permission to rely on it at the time of his bail application.
The NIA has said that the special court hearing the Elgar Parishad case should not rely on the report of a US-based digital consultant submitted by accused Anand Teltumbde during his bail hearing as it is not authenticated. The report prepared by Arsenal Consulting had said that incriminating evidence claimed to have been found on the electronic device of his co-accused Rona Wilson was planted.
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Nearing 180th day of incarceration, Stan Swamy carries cross, ‘awaits’ his Easter

Nearing 180th day of incarceration, Stan Swamy carries cross, ‘awaits’ his Easter

Counterview / by Fr Cedric Prakash SJ

April 4 was Holy Saturday 2021! Christians, in an age-old custom, waited devoutly, in patient silence but with deep hope: The tomb which contains the body of Jesus would be thrown wide open in a few hours, revealing the Resurrection of Jesus, his triumph over death and the promise to mankind of eternal life.
In some cell, in the Taloja jail (near Bombay), Jesuit Fr Stan Swamy nearing the 180th day of his incarceration, is still carrying his cross, still making that steep and difficult climb to Golgotha – but still in patience but with hope, awaiting his Easter!
On March 22, Sessions Judge Dinesh E. Kothalikar of the Special NIA Court, denied Fr Stan Swamy bail. In the detailed court order of 34-pages Justice Kothalikar said that based on the ‘material available on record’, Fr Stan seemed to be a member of a banned Maoist organisation:
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Also read: Bail denied to Fr. Stan Swamy SJ in India – A Statement from the Social Justice and Ecology Secretariat, Rome (March 22, 2021). Read full statement (PDF): SJES-Rome March31

Why isn’t the government looking for the source of ‘Modi assassination’ malware on Wilson’s PC?

Why isn’t the government looking for the source of ‘Modi assassination’ malware on Wilson’s PC?

Scroll.in / by N Venugopal

It wants to trace the originator of unlawful messages on apps like WhatsApp, but isn’t doing the same in the Bhima Koregaon case.
On February 25, the Union government notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Unlike the IT Rules of 2011, the new regulations include video streaming platforms and online news portals within their ambit.
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Laws Around Electronic Evidence Compromise India’s Criminal Justice System

Laws Around Electronic Evidence Compromise India’s Criminal Justice System

article14 / by Mani Chander

Police and investigative agencies currently claim unfettered access to your WhatsApp, private emails or chats with your doctor, lawyer or psychologist. Can they force you to unlock your phone and disclose passwords? In the absence of clear laws, they do what they wish.

Seize All You Can? The Bhima-Koregaon Case
Recent cases indicate that investigating agencies often search and seize records without demonstrating probable cause, necessity or proportionality.
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In prison, waiting is a habit turning slowly into addiction: Varavara Rao’s older prison diaries

In prison, waiting is a habit turning slowly into addiction: Varavara Rao’s older prison diaries

Scroll.in / by Varavara Rao

An excerpt from Varavara Rao’s ‘Captive Imagination: Letters from Prison’, published in 2010.

A day without toil
A night without love
A waiting on the shores of history…

Of the four days of life for which we have begged, two are lost in hope and the rest in waiting, said Bahadur Shah Zafar. In life outside, there is action to separate the hope from the waiting. Action could, of course, lead you to more hope and more waiting. But, lost in activity, time seems to slip through your fingers, your toes, from before your very eyes. Life in prison is not like that.
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Also read: FRAME UP OF INDIAN POLITICAL PRISONERS REVEALED – New Edition of COLORS OF THE CAGE by Rao’s co-accused human rights activist Arun Ferreira (Feb 2021)

Video: Bhima Koregaon accused continue to wait for bail

Video: Bhima Koregaon accused continue to wait for bail

InOldNews / by InOldNews

Vira Sathidar, a poet, writer, activist, and also one of the editors of a radical Anti-Caste Marathi Magazine ‘Vidrohi’ talks about incarceration of Sudhir Dhawale, founder of Vidrohi. Sudhir Dhawale along with two other activists- Surendra Gadhling and Prof. Shoma Sen were arrested by Police from Nagpur and are still in jail. These were among the first few arrests of Human rights activists by Modi Government under charges of being involved in Bhima Koregaon Violence and in a plot to assassinate PM Modi. The magazine stopped its publication due to various reasons, one being the constant threat of police surveillance.
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Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

26/03/2021

Live Law / by Livelaw News Network

The Supreme Court on Friday reserved its order on a plea filed by senior journalist and activist Gautam Navlakha, against an order of the Bombay High Court denying him default bail in the Bhima Koregaon case.
The Bench comprising of Justice UU Lalit and Justice KM Joseph said that it will release the order after 7th April, as Justice Joseph is not available until then.
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Supreme Court To Hear Gautam Navlakha’s Plea For Default Bail As First Item Tomorrow

25/03/2021

Live Law / by Mehal Jain

On the request of the National Investigation Agency, the Supreme Court today adjourned the hearing on Bhima Koregaon accused Gautam Navlakha’s bail plea to 10:30 a.m. on Friday as the first item on the board.
Appearing before a bench headed by Justice UU Lalit, ASG SV Raju advanced,
“I am seeking only one day’s accommodation. It is not a regular bail application. If it was regular bail, I would understand. It is a default bail application on some hyper technical grounds…”
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Supreme Court To Hear Gautam Navlakha’s Plea On March 22

15/03/2021

Live Law / by Livelaw News Network

Whether Period Of Unlawful Custody Should Be Considered For Default Bail?
The Supreme Court on Monday said that it will hear on March 22 the petition filed by activist Gautam Navlakha challengingthe Bombay High Court judgment which rejected his plea that he should be granted default bail by computing his 34-day period of house arrest in 2018.
A division bench comprising Justices UU Lalit and KM Joseph adjourned the hearing on Monday at the request of the National Investigation Agency for filing a counter affidavit to Navlakha’s plea.
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Special NIA Court’s Reasons For Denying Bail To Father Stan Swamy [read order]

Special NIA Court’s Reasons For Denying Bail To Father Stan Swamy [read order]

Special NIA Court’s Reasons For Denying Bail To Father Stan Swamy [read order]

24/03/2021

Live Law / by Sharmeen Hakim

A Special NIA Court, in Mumbai, has held that a police officer’s internal report can be considered while rejecting the bail application of an accused even after a charge sheet has been filed, if the investigating agency was granted permission for further investigation.
Special judge DE Kothalikar cited a last-minute report by an Assistant Investigating Officer to the Superintendent of Police NIA while rejecting 83-year-old tribal rights activist, Father Stan Swamy’s bail application, on Monday.
Read more/read order


Collective interest of community outweighs right of personal liberty of Stan Swamy: Special NIA Court while rejecting bail to Swamy [read order]

23/03/2021

Bar & Bench / by Neha Joshi

The material placed on record prima facie indicated that Swamy was carrying out activities to “overthrow the democracy of the nation”, the Court said.
Collective interest of community will outweigh the right of personal liberty, the Special Court observed on Monday in its order refusing to grant bail to Stan Swamy, accused in the 2018 Bhima Koregaon violence.
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Read order, documented by Bar & Bench (PDF): Fr__Stan_Swamy_v__State_of_Maharashtra


Stan Swamy had hatched a ‘serious conspiracy’ to overthrow government, says NIA court order

23/03/2021

Scroll.in / by Scroll Staff

The 83-year-old Jesuit priest was denied bail by the court on Monday in the Bhima Koregaon violence case.
The special National Investigation Agency court that rejected the bail petition of 83-year-old Jesuit priest and activist Stan Swamy said that prima facie he had conspired with members of a banned Maoist organisation to create unrest in India and to overthrow the government, PTI reported.
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NIA Court Refuses Bail To Stan Swamy In Bhima Koregaon Case

22/03/2021

Live Law / by Sharmeen Hakim

The Special NIA Court Mumbai on Monday refused to grant bail to 83-year-old Father Stan Swamy, a tribal rights activist, from Ranchi, in Jharkhand, accused in the 2018 Bhima Koregaon – Elgaar Parishad case. Special Judge under the NIA Act DE Kothlikar passed the order dismissing the bail application, which had also cited medical grounds on account of Parkinsons disease of Stan Swamy.
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Stan Swamy’s bail plea rejected by NIA court

22/03/2021

Gauri Lankesh News / by Gauri Lankesh News Desk

… Swamy’s lawyer claimed that the evidence allegedly relied upon by the NIA was correspondence with various people to seek legal aid for Swamy’s organisation, Persecuted Prisoners Solidarity Committee (PPSC), which works for undertrial Adivasis and Dalits falsely accused as Maoists…
The NIA chargesheet filed against Swamy had claimed that he is a member of banned organization CPI (Maoist), and that he was given the responsibility of spreading its activities after the arrest of many party members. Purportedly, Swamy was a staunch supporter of organisations like Vistapan Virodhi Jan Vikas Andolan and People’s Union for Civil Liberties involved in activities for CPI (Maoists), it was submitted.
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Special NIA court rejects Stan Swamy’s bail plea

22/03/2021

The Hindu / by Sonam Saigal

He has been working with tribals since decades and is currently lodged at Taloja Central Jail after being arrested from Ranchi on October 9, 2020.
The special National Investigation Agency (NIA) court on Monday rejected the bail plea filed by Jesuit priest Stan Swamy in the Bhima-Koregaon violence case.
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Our judicial system punishes a person and their family without trial: Koel Sen

Our judicial system punishes a person and their family without trial: Koel Sen


Koel and Shoma Sen

By Koel Sen @ fb

Last Saturday I tried to go to Byculla Jail for a mulakat with Maa but was denied. I was outside the jail waiting for 6 hours !!(I was there from 12.00PM to 6.00PM). They denied me mulakat because I had not come with the verification from the local police station that I am her daughter. Our surnames match and my Aadhar card clearly states that I am d/o of Shoma Sen. Previously I was allowed to meet her on 4-5 instances. I kept telling them that I have already done mulaquat before and that this verification is not a simple process, its taking time. I just wanted to inform my mother that my grandma, her mother-in-law had passed away. But they just kept me hanging there the entire day. I wanted to speak to Superitndnt and he just walked past me and again I waited for 2 more hours for him to get back after his lunch break which lasted from 1.00PM to 4PM. Can you believe ?

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Stan Swamy’s bail plea order reserved, court to pronounce verdict on March 22

Stan Swamy’s bail plea order reserved, court to pronounce verdict on March 22

Stan Swamy’s bail plea order reserved, court to pronounce verdict on March 22

17/03/2021

Scroll.in / by Scroll Staff

Swamy’s bail plea was deferred on March 11 after the NIA filed an application to place on record additional documents in the case.
A Mumbai court on Tuesday reserved the order on the bail plea of activist and Jesuit priest Stan Swamy, arrested in the Elgar Parishad case, reported Bar & Bench. The special National Investigation Agency court will pronounce its verdict on March 22.
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NIA court to pass order on Stan Swamy bail on March 22

16/03/2021

The Hindu / by Special Correspondent

The special National Investigation Agency (NIA) court on Tuesday said it would pass an order on Father Stan Swamy’s bail in the Bhima Koregaon violence case on March 22.
Fr Swamy, 83, a Jesuit priest and activist, has been working with tribals for decades and is currently lodged at the Taloja Central Jail after being arrested from Ranchi on October 9, 2020.
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by Bar & Bench (March 16):
+++ Special NIA Court will pronounce its verdict in the bail application filed by #ElgarParishadcase accused Stan Swamy on March 22, 2021+++
+++ In the previous hearing, NIA had filed an application to place on record additional documents to be considered before the bail application is decided +++
+++ The Special Court allowed the application which was essentially to invite the Court’s attention to the case diary of the investigation. Swamy’s lawyers opposed the application stating that once chargesheet was filed then case diary cannot be considered +++
+++ After hearing both sides, the Court has closed the bail application for orders +++


Stan Swamy’s bail plea deferred by Mumbai court, next hearing on March 15

11/03/2021

Scroll.in / by Scroll Staff

The NIA has filed some additional documents in the case and Swamy’s lawyer sought time to respond to them.
The bail plea of activist and Jesuit priest Stan Swamy, arrested in the Elgar Parishad case, was deferred by a special court in Mumbai on Thursday, reported PTI.
The court, which was likely to pass the order on Thursday, deferred it after the National Investigation Agency filed some additional documents in the case and Swamy’s lawyer sought time to respond to them. The matter will now be heard on March 15, reported The Indian Express.
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Fr Stan Swamy’s bail plea order to be given on Mar 11

27/02/2021

The Times of India / by TNN

A special NIA court is likely to pronounce an order on the bail plea of Jesuit priest and tribal right rights activist, Fr Stan Swamy, arrested in in Elgar Parishad case on March 11.
NIA had opposed his bail plea and submitted that there was sufficient evidence against the 83-year-old, and the offence was grave.
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NIA court order on Stan Swamy’s bail plea on March 2

24/02/2021

The Hindu / by Special Correspondent

Stan Swamy sought bail on the ground that the prosecution had failed to establish how he had taken part or committed or incited the commission of any unlawful activity.
The special National Investigation Agency (NIA) court will pass its order on Father Stan Swamy’s petition for bail in the Bhima Koregaon violence case on March 2.
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Special Court set March 2 to announce the result of Stan Swamy’s bail application

19/02/2021

UCA News / by UCA News reporter

Suspicions are growing that the sick priest’s bail is being delayed for political reasons.
A special court is set to pronounce its verdict on the bail application of an elderly Indian Jesuit activist five months after his arrest and detention on charges of sedition.
The special court of the National Investigation Agency (NIA), the federal anti-terror agency, has set March 2 to announce the result of the bail application of 84-year-old Father Stan Swamy.
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