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Category: Case Update

Prof Shoma Sen challenges prosecution under UAPA; says evidence is unfounded, forged and planted

Prof Shoma Sen challenges prosecution under UAPA; says evidence is unfounded, forged and planted

The Leaflet / by The Leaflet

An accused in the Bhima Koregaon case, Professor Shoma Sen, has petitioned the Bombay High Court challenging her prosecution under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
Sen, a former Head of Department of English at Nagpur University, alleged that that the case against her had been built entirely on unfounded, forged, hearsay evidence that was planted on digital devices belonging to a co-accused-Rhona Willson, which (devices) were “illegally” seized by the police in complete violation of all safeguards and procedures mandated under applicable law.
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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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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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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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Rona Wilson Moves Bombay High Court Seeking SIT Probe

Rona Wilson Moves Bombay High Court Seeking SIT Probe

Rona Wilson Moves Bombay High Court Seeking SIT Probe Into The Report That ‘Incriminating Materials Were Planted On His Laptop’

10/03/2021

Live Law / by Sharmeen Hakim

Researcher Rona Wilson, the first person to be arrested in the Bhima Koregaon Case, on Wednesday, approached the Bombay High Court seeking the formation of a Special Investigation Team to inquire into the planting of fabricated documents in his computer over a course of around 22 months.
Wilson, as well as 15 other civil rights activists and academics, in India, are incarcerated, facing charges under the stringent Unlawful Activities (Prevention) Act (UAPA) based on letters primarily retrieved from his and co-accused Surendra Gadling’s computer, to claim a conspiracy to kill the Minister and overthrow the government.
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Case Updates

11/03/2021

by Bar & Bench:
Rao also filed an affidavit placing on record his place of residence, his contact numbers as also of those relatives residing with him in compliance with the #bombayhighcourt order +++

by Bar & Bench:
#VaravaraRao has filed an application for exemption from personal appearance in the Special NIA Court as permitted in the #bombayhighcourt court order granting him temporary bail of 6 months. NIA has sought time to respond to the same +++

by Bar & Bench:
The #bombayhighcourt’s order imposed a condition that the undertrial shall attend proceedings of trial before the NIA Court as and when summoned however he may apply for exemption +++

Opposing Anand Teltumbde’s bail, NIA cites electronic evidence seized from Rona Wilson

Opposing Anand Teltumbde’s bail, NIA cites electronic evidence seized from Rona Wilson

Opposing Teltumbde’s bail, NIA cites electronic evidence seized from Rona Wilson

10/03/2021

Free Press Journal / by Bhavna Uchil

The National Investigation Agency (NIA) in its reply filed recently objecting to the bail application filed by professor and activist Anand Teltumbde, has cited electronic evidence seized from the co-accused Rona Wilson.
This assumes significance in the backdrop of a report of US-based digital forensics firm Arsenal Consulting which stated in its report based on analysis that the incriminating evidence found on Wilson’s computer was ‘planted’ through a cyber attack.
Read more


Anand Teltumbde was active member of banned CPI (Maoist), furthered their agenda: NIA to Special Court

10/03/2021

Bar & Bench / by Neha Joshi

The NIA opposed Teltumbde’s bail application claiming that Teltumbde guided his younger brother Milind to expand ‘urban naxal movements of Maoism’.
Anand Teltumbde, accused in the 2018 Bhima Koregaon violence, was an active member of banned political organisation, Communist Party of India (Maoist), the National Investigation Agency (NIA) told the special court, opposing his bail application (National Investigation Agency v. Anand Teltumbde).
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NIA opposes Anand Teltumbde’s bail plea

09/03/2021

The Times of India / by Swati Deshpande

The National Investigation Agency (NIA), while opposing a bail plea by Elgar Parishad accused Anand Teltumbde, has claimed that he “was in touch with wanted accused Milind Teltumbde and had a secret meeting with him”.
Milind is his brother who, the NIA said, had inspired to join and expand the Maoist movement.
The bail plea will be heard on March 11.
Read more


Anand Teltumbde Helped Brother To Expand Maoist Movements, NIA Alleges

09/03/2021

Live Law / by Sharmeen Hakim

The National Investigating Agency has said that former IIT professor and academic, Anand Teltumbde, an accused in the Bhima Koregaon-Elgaar Parishad case, inspired his brother, a wanted Maoist leader, to join the movement and shared “banned literature” from his international conferences with him.
Even though the two brothers have led entirely separate lives, Teltumbde as a professor at IIT-Kharagpur and later at the Goa Institute of Management, and Milind as an alleged Maoist leader carrying a bounty of Rs 50 lakh, the agency has said that Milind used literature from Teltumbde’s conferences to expand the banned organisations movements in urban areas.
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VV Rao Released Finally / Free At Last: Poet Varavara Rao Released After Last Month’s Bail

VV Rao Released Finally / Free At Last: Poet Varavara Rao Released After Last Month’s Bail


VV Rao walks out of Hospital on Saturday night. Pic: Indira Jaising

Varavara Rao Released Finally

07/03/2021

By N Venugopal @ fb

Two weeks after getting bail, after going through various hassles in bail sureties, at last VV was released around midnight on Saturday from Nanavati Hospital. The final release orders reached Taloja jail around 4 pm and the jail authorities reached the hospital around 11 pm to release him.
The release comes with a number of conditions that he should not leave the jurisdiction of NIA Special Court and reside there, that he should furnish the details and contact numbers of family members staying with him, that he should attend the court trial regularly, that he should be in touch with local police station on video conferencing every fortnight, that he should not talk to media and social media about the cases against him, that he should not repeat the activities mentioned in the FIR, that he should not meet his co-accused, that he should not tamper with evidence and influence witnesses, that visitors other than near family should not gather at his residence, that this bail is for only six months and he should surrender himself to jail authorities after that, that he should surrender his passport to NIA within a week, that the violation of any of these conditions will lead to cancellation of the bail.


“Free At Last”: Poet Varavara Rao, 81, Released After Last Month’s Bail

07/03/2021

NDTV / by Divyanshu Dutta Roy

Varavara Rao, the 81-year-old poet-activist who has been in jail for over two years in the Koregaon-Bhima case, walked out of the Mumbai’s Nanavati Hospital late Saturday after being granted bail for six months by the Bombay High Court on medical grounds last month.
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Free at last on medical bail; Telugu poet Varavara Rao is released from judicial custody

07/03/2021

The Leaflet / by The Leaflet

A week after he was granted medical bail by the Bombay High Court, Dr. PV Varavara Rao was set free from judicial custody late last night.
Rao, 82, was undergoing treatment at Nanavati hospital, Mumbai.
Rao is an accused in the Bhima Koregaon case, facing charges under the Unlawful Activities (Prevention) Act’ (UAPA).
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‘Free at last’: Activist Varavara Rao discharged from hospital, released on interim bail

07/03/2021

Scroll.in / by Scroll Staff

The Bombay High Court had on February 22 granted the 81-year-old activist bail on medical grounds for a period of six months.
Poet and activist Varavara Rao, who is an accused in the Bhima Koregaon case, was on Saturday released from a hospital, reported NDTV. The Bombay High Court had on February 22 granted the 81-year-old activist bail on medical grounds for a period of six months.
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High Court: Accept cash surety from Varavara Rao / Activist Varavara Rao’s release delayed

High Court: Accept cash surety from Varavara Rao / Activist Varavara Rao’s release delayed

HC: Accept cash surety from Varavara Rao

06/03/2021

Times of India / by Vaibhav Ganjapure

The Nagpur bench of Bombay high court on Friday directed release of poet PV Varavara Rao on cash surety of Rs 50,000. Justice Anuja Prabhudesai directed the Gadchiroli sessions court to send his release order to Taloja Central Jail, Mumbai, by email or any other electronic mode after he furnishes the surety amount.
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Activist Varavara Rao’s release delayed

04/03/2021

The Indian Express / by Express News Service

Despite the Bombay High Court granting him interim bail, ailing revolutionary poet Varavara Rao’s release would be further delayed as a court in Gadchiroli has asked his family to file deposit papers in the format that they have specified.
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Bombay High Court Relaxes Bail Condition To Facilitate Varavara Rao Release On Temporary Bail

01/03/2021

Live Law / by Shrmeen Hakim

The Bombay High Court, on Monday, allowed 81-year-old Telugu poet – Dr Varavara Rao’s – plea for relaxation of his temporary bail condition and provisional release on furnishing a cash security of Rs 50,000.
A division bench of Justices SS Shinde and Manish Pitale further granted the Bhima Koregaon – Elgaar Parishad accused time till April 5, 2021 to furnish solvent sureties. The octogenarian has been under custody awaiting trial since August 28, 2018.
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Bombay HC Allows Varavara Rao’s Counsel to Visit Him to Complete Bail Formalities

25/02/2021

The Wire / by pti

Rao, 82, was on Monday granted interim bail for six months by the high court on medical grounds.
The Bombay high court on Thursday permitted a counsel of poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, to visit him in the Nanavati Hospital here to obtain his signatures for completion of his bail formalities.
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Varavara Rao’s kin seek relief from ‘difficult’ bail conditions set by Bombay HC

23/02/2021

The News Minute / by TNM Staff

The 81-year-old poet has been ordered to stay within the jurisdiction of the Mumbai NIA court.
Relatives of ailing revolutionary poet and activist Varavara Rao welcomed the Bombay High Court’s order granting interim bail to him, but said the conditions put forth by the court were difficult to be met. On Monday, the Bombay HC granted bail on medical grounds to the Telugu poet jailed in connection with the Bhima Koregaon Elgar Parishad case for six months. At the end of the six-month period, the court said that Varavara Rao must report back to Navi Mumbai’s Taloja jail, where he can either surrender or seek an extension.
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Can’t afford Mumbai rent, says Varavara Rao’s family on court’s bail condition

22/02/2021

Hindustan Times / by Srinivasa Rao Apparasu

Varavara RAo’s brother-in-law said the poet has no relatives in Mumbai who could take care of him during the bail period.
The family of octogenarian Pendyala Varavara Rao, noted revolutionary poet, is relieved that the Bombay High Court on Monday granted medical bail to him in the Bhima Koregaon violence case, but it has another worry on its hands: where to house him in Mumbai. The court order said that the poet cannot go back to Hyderabad, his home.
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Supreme Court seeks response from NIA on plea for default bail by Gautam Navlakha

Supreme Court seeks response from NIA on plea for default bail by Gautam Navlakha

Supreme Court seeks response from National Investigation Agency on plea for default bail by Gautam Navlakha

03/03/2021

Bar & Bench / by Dbayan Roy

Navlakha has sought default bail on the ground that the NIA failed to file its chargesheet within the prescribed upper-limit of 90 days as per Section 167(2) of the Code of Criminal Procedure (CrPC).
The Supreme Court on Wednesday sought the response of the National Investigation Agency (NIA) on the bail plea by Bhima Koregaon accused Gautam Navlakha.
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Supreme Court Issues Notice On Gautam Navlakha’s Plea Against Bombay High Court Judgment Denying Him Default Bail

03/03/2021

Live Law / by Radhika Roy

Supreme Court bench headed by Justice UU Lalit on Wednesday issued notice on a petition filed by activist and Journalist Gautam Navlakha challenging Bombay High Court’s recent order rejecting his bail application in the Bhima Koregaon (Elgar Parishad – Maoist links) case.
A three-judge Bench of Justices UU Lalit, Indira Banerjee and KM Joseph was hearing the plea against the Judgment of Bombay High Court which refused to interfere in his criminal appeal filed against an order of the special court, which rejected his application for default bail in June, last year. He is in prison since his surrender on April, 14 2020.
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Supreme Court To Hear Gautam Navlakha’s Plea Against Bombay High Court’s Order Denying Him Bail On March 3

01/03/2021

Live Law / by Srishti Ojha

Activist and Journalist Gautam Navlakha who is an accused in the Elgar Parishad – Maoist links case has moved the Supreme Court challenging Bombay High Court’s recent order rejecting his bail application. A three-judge Bench of Justices UU Lalit, Indira Banerjee and KM Joseph is scheduled to hear his plea on Wednesday, 3rd March 2021.
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Gautam Navlakha moves Supreme Court against rejection of default bail by Bombay High Court

01/03/2021

Bar & Bench

Gautam Navlakha, accused in the 2018 Bhima Koregaon violence, has approached the Supreme Court against the rejection of his plea for default bail by Bombay High Court
Navlakha has sought bail on the ground that the National Investigation Agency (NIA) failed to file its chargesheet within the prescribed upper-limit of 90 days as per Section 167(2) of the Code of Criminal Procedure (CrPC).
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