Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused. Read more
Fadnavis prepares to fight the phantom of ‘urban naxals’
Maharashtra, under Eknath Shinde and Devendra Fadnavis, is set to have a new ‘public security’ law where even peaceful expressions of dissent will be targeted.
… ‘Urban Naxals’ has been a favourite bogey of the Bharatiya Janata Party (BJP) government at the Centre, and was used as a label against the Leftist intellectuals arrested for the January 1, 2018 violence at Bhima Koregaon in Maharashtra. Read more
Supreme Court calls for norms on seizure of devices by probe agencies
08/11/2023
Hindustan Times / by Utkarsh Anand
A 2-judge bench of the apex court is hearing a petition demanding regulation of the police’s power to search or seize digital devices.
… The issue of seizure of digital devices like phones and laptops has become a flashpoint in the Bhima-Koregaon caste violence case with the accused alleging that the National Investigation Agency (NIA) planted evidence on the laptop of Rona Wilson. Read more
‘Incomplete reports’, ‘financial toll’: The burden of digital device seizures on journalists, outlets
08/11/2023
Newslaundry / by Tanishka Sodhi
Be it the searches at NewsClick, BBC, the Wire, or at the homes of journalists in several states over the last few years, the seizures of journalist’s digital devices have often underlined two issues – pertaining to journalistic privilege and the fundamental right to privacy.
… The Bhima Koregaon case is another prominent example in which activists have alleged violation of due process. Read more
Supreme Court seeks guidelines for search and seizure of electronic devices
07/11/2023
The Leaflet / by Sarah Thanawala
The development gains significance in light of the crackdown on media such as Newsclick and the letter written by several journalists groups to the Chief Justice of India against it.
On Tuesday, a two-judge Bench of the Supreme Court batted for having guidelines in place to govern the search and seizure of phones or other digital devices belonging to media personnel. Read more
Since Evidence Tampering Not Ruled Out, Accused Want Chargesheets Quashed
19/10/2023
The Wire / by The Wire Staff
Shoma Sen and Rona Wilson petitioned the Bombay high court alleging that norms were violated in searching and seizing electronic documents from them.
Shoma Sen and Rona Wilson, named as accused in the Elgar Parishad case, have alleged in their petition before the Bombay high court that the prosecution violated the Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents from them.
They urged the division Bench of Justice A.S. Gadkari and Justice Sharmila U. Deshmukh on Monday, October 17, to quash the chargesheets against them. Read more
Bombay High Court hears petition seeking quashing of chargesheets against Shoma Sen and Rona Wilson
17/10/2023
The Leaflet / by Sarah Thanawala
Senior advocate Anand Grover, appearing on behalf of Sen and Wilson, argued that the prosecution violated principles of Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents.
On Monday, the Bombay High Court heard pleas by women’s rights activist and academic Shoma Sen, and activist and researcher Rona Wilson for quashing chargesheets filed against them.
… The matter is posted for further hearing on October 23. Read more
Lawyer Raises Concerns Over Security Of Devices Seized In Bhima Koregaon Investigation: Report
17/10/2023
MediaNama / by Aarathi Ganesan
Lawyer Anand Grover argued that simply sealing electronic devices upon seizure did not ensure that the data within had been secured. He also noted that electronic devices could be easily tampered with, without any indication.
The electronic evidence recovered from activists Shoma Sen and Rona Wilson in the Bhima Koregaon investigation was improperly secured upon seizure, advocate Anand Grover alleged before the Bombay High Court yesterday, The Leaflet reported. Read more
The current crackdown is transparently part of the same politics that resulted in the invention of ambiguous phrases like ‘tukde-tukde gang’ and ‘Urban Naxal’.
The search and seizure operation at the residences of 46 journalists associated with NewsClick and the arrests of two people are transparently part of the same politics that resulted in the invention of the still ambiguous phrases ‘tukde-tukde gang’ and ‘Urban Naxal’.
A new category of dissenters, deprecated as anti-nationals, is ‘Urban Naxal’. This came into use since the Elgar Parishad case in 2018. A meeting of human rights activists, lawyers and others in Pune on December 31, 2017, known as the Elgar Parishad and meant to commemorate the bicentenary of the Bhima Koregaon battle, turned into a pretext to round up a number of ‘leftist’ activists under the draconian Unlawful Activities (Prevention) Act (UAPA). Read more
NIA claims fact-finding conducted by Gautam Navlakha was sponsored to further terrorist activities
09/08/2023
The Leaflet / by Sarah Thanawala
The National Investigation Agency has also claimed that the perception of resistance from members of the banned organisation Communist Party of India (Maoist) against Navlakha was deliberately created.
On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige continued hearing the bail application filed by journalist and human rights activist Gautam Navlakha. Read more
NIA emphasises charges of conspiracy and common intention to further terrorist activities against Gautam Navlakha
08/08/2023
The Leaflet / by Sarah Thanawala
The National Investigation Agency argued that the individual roles of the accused persons in the Bhima Koregaon case should not be looked into in isolation from the larger conspiracy.
On Monday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige continued hearing the bail application filed by journalist and human rights activist Gautam Navlakha. Read more
Gautam Navlakha part of urban naxal movement which arranges manpower, funds for rural naxal struggle: NIA to Bombay High Court
08/08/2023
Bar & Bench / by Neha Joshi
Responding to Navlakha’s claims that he was not involved in any violent acts for seeking bail in the Bhima Koregaon case of 2018, ASG Devang Vyas argued that Navlakha was assigned a role in the larger conspiracy.
Human rights activist and journalist Gautam Navlakha was part of an urban movement to arrange for logistics for the rural naxal movement, the National Investigation Agency (NIA) told the Bombay High Court on Monday while opposing Navlakha’s bail application. Read more
The National Investigation Agency opposed the bail plea of Elgar Parishad case accused, Gautam Navlakha, in the Bombay High Court.
Opposing the bail plea of Gautam Navlakha, an accused in the Elgar Parishad case, the National Investigation Agency told the Bombay High Court that Navlakha was part of “Urban Naxals” to arrange logistics for Naxal movements in rural areas. Read more
Today, Jesuit Missions, the international mission and development office of the Jesuits in Britain, along with the international Xavier Network, are calling on the Indian Government to clear Fr Stan’s name, especially in light of new evidence which proves that he was systematically targeted during a four-year campaign, during which time falsified evidence was planted on the priest’s computer. Read more
Even though there is a specific law that defines sealed cover jurisprudence, the concept also finds a mention in Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872
… In the Bhima Koregaon case also, wherein activists were arrested under the Unlawful Activities Prevention Act, the Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover. In the case of activist Gautam Navlakha, the police had submitted a sealed envelope including information recovered from the electronic devices seized from the activist. Read more
Neo-fascist regime working towards ‘destruction of thought’
The government is reportedly planning a crackdown against “Maoist intellectuals operating front organisations in the cities in the guise of NGOs and civil rights organisations”, months after Prime Minister Narendra Modi called for the eradication of “Naxalism”, whether “the ones with guns or the ones with pens”.
But who are these so-called “Urban Naxals” and why does the government consider them so dangerous? Social scientist PRABHAT PATNAIK explains in this interview with SUBHORANJAN DASGUPTA, professor of human sciences. Read more
At the recent police conference attended by PM Modi, Gadchiroli DIGP Sandip B. Patil claimed in a paper that 15 cultural and rights organisations are actually “active frontal organisations of Naxals.” Behind this claim is little evidence.
In 2017, the artiste couple Shital Sathe and Sachin Mali publicly announced their decision to split from the cultural outfit, Kabir Kala Manch (KKM) after 15 years of association. Read more
