Case Update – Page 10 – free them all

Probe agency opposes Gautam Navlakha’s bail plea in Bombay High Court

25/07/2023 Asha

NIA Opposes Bail Application Of Accused Gautam Navlakha

25/07/2023

Free Press Journal / by Urvi Mahajani

NIA has claimed that Navlakha is an active member of a banned terror organisation and engages in activities furthering its objectives. The NIA also recovered incriminating documents from gadgets in his house.
The National Investigation Agency (NIA) has opposed bail plea of former journalist Gautam Navlakha, an accused in the Elgar Parishad – Bhima Koregaon case, stating that the lower court rejected his bail plea on the grounds that the accusations against him are prima facie true. NIA has also claimed that Navlakha was an active member of a banned terror organisation and engages in activities furthering its objectives.
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Probe agency opposes Navlakha’s bail plea in Bombay High Court

25/07/2023

India Today / by Vidya

The NIA cited its chargesheet that claims that Gautam Navlakha was recruited by Ghulam Nabi Fai on the direction of Pakistan’s spy agency, the Inter-Services Intelligence (ISI).
The National Investigation Agency (NIA) has requested a one-week adjournment for the hearing of Gautam Navlakha’s bail plea, as the newly appointed Additional Solicitor General (ASG) is yet to assume office.
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NIA gets more time to reply to plea for furnishing copies of evidence to the accused

18/07/2023 Asha

The Leaflet / by Sarah Thanawala

A few accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case have previously argued that their applications for cloned copies under Section 207 of the Code of Criminal Procedure have been pending for more than five years.
On Tuesday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria allowed the agency time to file an additional reply to the applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
… The matter is posted for further hearing on the applications filed under Section 207 of the CrPC on July 28.
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Also read:
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Supreme Court directs respondents to file reply to Shoma Sen’s bail plea

14/07/2023 Asha

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court, comprising Justices Aniruddha Bode and Sanjay Kumar, permitted Sen to file an additional affidavit on her deteriorating health within two weeks.
On Friday, a division Bench of the Supreme Court, comprising Justices Aniruddha Bode and Sanjay Kumar, directed the respondents to file a reply affidavit to the bail application filed by women rights activist and academic Shoma Sen.
Read more

Also read:
● “Hopefully waiting” writes Shoma Sen from prison (InSAF India / July 7, 2023)

● Shoma Sen’s discharge application at NIA asserts discrepancies in evidence against her (The Leaflet / June 2023)
● Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

SC Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023 Asha

Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap

11/07/2023

The Leaflet / by Sarah Thanawala

The division Bench of the Supreme Court directed the National Investigation Agency (NIA) and Maharashtra government to file counter affidavits within a period of three weeks.
On Tuesday, the Supreme Court allowed the respondents to file counter affidavits within a period of three weeks in the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
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Supreme Court Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday adjourned the hearing in the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap, saying that the judgments on the bail applications of co-accused Vernon Gonsalves and Arun Ferreira are expected to be delivered next week.
Read more

Also read:
● SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail (The Print / May 2023)
● Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira (The Leaflet / March 2023)
● Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)

Another hearing and the question of furnishing copies of evidence to the accused remains unanswered

01/07/2023 Asha

The Leaflet / by Sarah Thanawala

In a plea for providing the accused copies of police reports and other documents under Section 207 of the Code of Criminal Procedure, a special NIA court has directed the NIA to file an affidavit in respect of the electronic evidence that was seized from the accused persons and ensure compliance by providing them with copies.
On Saturday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria resumed its hearing of applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
The plea is for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC).
Read more

Also read:
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Bombay HC directs NIA to file reply on Gautam Navlakha’s fresh bail application, next hearing on July 25

28/06/2023 Asha

The Leaflet / by Sarah Thanawala

On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige heard a fresh bail application filed by journalist and human rights activist Gautam Navlakha.
The Bench also directed the National Investigation Agency (NIA) to file its reply. The NIA counsel told the court that the reply would be filed by this evening or tomorrow.
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NIA opposes Mahesh Raut’s bail plea in Bombay High Court

27/06/2023 Asha

NIA opposes Mahesh Raut’s bail plea in Bombay HC

27/06/2023

The Indian Express / by Express News Service

A division bench of Justices Ajey S Gadkari and Shivkumar G Dige posted the hearing on Mahesh Raut’s bail application to July 12.
The National Investigation Agency (NIA) opposed a regular bail plea by Elgaar Parishad case accused Mahesh Raut in the Bombay High Court saying there is sufficient material evidence against Raut to show his involvement in the crime for offences under the Unlawful Activities (Prevention) Act and his bail plea was rightly rejected by the special NIA court earlier.
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Bail not justiciable for Bhima Koregaon accused Mahesh Raut, his acts were against interest of society: NIA to Bombay High Court

27/06/2023

Bar & Bench / by Neha Joshi

NIA stated in its affidavit that it found evidence to show that the proscribed Communist Party of India (Maoist) had given Raut ₹5 lakh.
It is not justifiable for an accused under the Unlawful Activities Prevention Act (UAPA) to seek bail on constitutional grounds when his acts are against the interests of the State and society, the National Investigation Agency (NIA) has told the Bombay High Court.
Through an affidavit filed this week, the agency opposed the regular bail plea filed by Mahesh Raut, an accused in the Bhima Koregaon case of 2018. Raut sought bail invoking Articles 14 and 21 of the Constitution of India.
… A Bench of Justices AS Gadkari and SG Dige posted Raut’s bail for hearing on July 12.
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NIA Opposes Bail Plea of Bhima Koregaon Case Accused Mahesh Raut, Citing Anti-State Acts

27/06/2023

Free Press Journal / by Urvi Mahajani

The NIA argues that seeking relief on constitutional grounds is unfounded when the accused’s actions themselves are against the welfare of the state and society.
The National Investigation Agency (NIA) has vehemently opposed the bail plea of Mahesh Raut, an accused in the Elgar Parishad – Bhima Koregaon case, arguing that it is unjustifiable for someone charged under the Unlawful Activities (Prevention) Act (UAPA) to seek bail on constitutional grounds when their actions are contrary to the interests of the State and society.
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Also read:
● 4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / June 2017)

Court asks NIA to provide Surendra Gadling copies of the police report and other documents

19/06/2023 Asha

The Leaflet / by Sarah Thanawala

Surendra Gadling, along with 15 other activists and academics, has been charged under the Unlawful Activities (Prevention) Act. Gadling has been in custody since June 2018 and is lodged at Taloja Central Prison in Mumbai.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria heard an application filed by human rights lawyer and Dalit rights activist Surendra Gadling regarding a plea for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC).
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Also read/watch:
● Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)

● Video: The Second Song of Surendra Galding (Adv-Surendra-Gadling-Defence-Committee / lyrics by Sagar Gorkhe)

hindi | 8:43min | June 6, 2023
Five years back this day they took him away hoping to break his spirit.
1825 days so far behind bars and see who won?
During the short release he sang his heart.
Caged yet fearless.
U can jail him not his charisma.
This is the second of the songs.
Watch video / Listen to the song

● Video: The Prison Song of Surendra Gadling (The Wire / lyrics by Ramesh Gaychor)

hindi | 11min | 2021
51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video / Listen to the song

Bombay High Court seeks NIA response on Gautam Navlakha plea for regular bail

12/06/2023 Asha

Bombay High Court seeks NIA response on Gautam Navlakha plea for regular bail

12/06/2023

Bar & Bench / by Neha Joshi

The special NIA court had rejected Navlakha’s plea for the second time, after re-hearing the same as directed by the High Court.
The Bombay High Court Monday issued notice to the National Investigation Agency (NIA) on a bail plea filed by activist Gautam Navlakha in the Bhima Koregaon violence case of 2018.
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Gautam Navlakha Again Moves Bombay High Court Seeking Bail In Bhima Koregaon Case, Notice Issued To NIA

12/06/2023

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday issued notice to the NIA on a fresh bail application filed by senior journalist Gautam Navlakha arrested in the Bhima Koregaon – Elgar Parishad case and is accused of having CPI(Maoist) links.
The division bench headed by Justice AS Gadkari will now hear the matter on June 28, 2023.
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Bombay High Court Issues Notice In Bhima Koregaon Accused Gautam Navlakha’s Bail Plea, NIA To File Reply In 2 Weeks

12/06/2023

Lawbeat / by Raj Bhojani

Navlakha has filed the appeal against the order of the special court which rejected his bail plea twice.
The Bombay High Court on Monday issued notice to the National Investigation Agency and sought its reply in the bail appeal filed by the Bhima Koregaon accused Gautam Navlakha.
The division bench of Justices AS Gadkari and SG Dige asked the counsel for both parties to point out the order in which all the correct facts are recorded because there were multiple orders passed in the case.
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Bombay HC issues notice to NIA in Gautam Navlakha’s fresh appeal against rejection of bail plea

12/06/2023

The Indian Express / by Express News Service

The Bombay High Court on Monday issued notice to the National Investigation Agency (NIA) seeking its response to Elgaar Parishad case accused Gautam Navlakha’s fresh appeal challenging a special NIA court’s order that had rejected his bail application in April this year.
Read more

Also read:
● Gautam Navlakha moves HC against NIA court’s rejection of bail plea (The Indian Express / April 2023)
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Shoma Sen’s discharge application at NIA asserts discrepancies in evidence against her

05/06/2023 Asha

The Leaflet / by Sarah Thanawala

Shoma Sen, an accused in the case along with 15 other activists and academics, has been charged under the Unlawful Activities Prevention Act (UAPA). Sen has been incarcerated as an undertrial since June 6, 2018, and is lodged at the Byculla jail in Mumbai.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria continued hearing a discharge application filed by women’s rights activist and academic Shoma Sen, claiming discrepancies in the evidence against her in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case, and drawing a parallel with the allegations raised against Dalit scholar, academic activist and co-accused Dr Anand Teltumbde.
Read more

Also read:
● Shoma Sen moves Supreme Court seeking bail (The Leaflet / Apr 2023)
● Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
● US-based forensic analysis group finds incriminating documents “planted” in Rona Wilson’s computer; Wilson challenges his prosecution in Bombay HC (The Leaflet / Feb 2021)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)