Case Update – Page 11 – free them all

HC division bench to hear Varavara Rao’s plea for cataract surgery in Hyderabad

05/06/2023 Asha

Bombay High Court asks Varavara Rao to move division bench for permission to travel to Hyderabad for cataract surgery

05/06/2023

Bar & Bench / by Neha Joshi

Single-judge Justice SV Kotwal observed that the application by Rao amounted to seeking modification of his bail conditions as per which Rao cannot leave Mumbai during the trial.
The Bombay High Court on Monday directed P Varavara Rao, accused in the Bhima Koregaon violence case, to approach a division bench of the High Court for permission to travel from Mumbai to Hyderabad to undergo cataract surgery.
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HC division bench to hear Varavara Rao’s plea for cataract surgery in Hyderabad

05/06/2023

The Indian Express / by Express News Service

In his plea, Varavara Rao said the surgery was expensive in Mumbai and that he was entitled to free medical treatment up to Rs 2 lakh in Telangana as he is a pensioner.
The Bombay High Court on Monday directed Telugu poet and activist Varavara Rao, who is an accused in the Elgaar Parishad case, to approach a division bench of the high court with his plea to get cataract surgery done free-of-cost in Hyderabad, Telangana.
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by Live Law / @LiveLawIndia (June 5, 2023):
Bombay High Court hearing octogenarian accused P Varavara Rao’s plea to undergo cataract treatment in Hyderabad asks his counsel to approach the division bench as it would require modification of his bail condition.

Also read:
● Can Varavara Rao get free cataract surgery in Hyderabad? HC seeks NIA response (The Indian Express / April 2023)
● Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery at Hyderabad (Bar & Bench / Jan 5, 2023)
● Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court (Scroll.in / Sep 2022)

NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag

15/05/2023 Asha

NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag

15/05/2023

The Leaflet / by Sarah Thanawala

The State opposed the change in the place of house arrest on the grounds of being “cumbersome” and creating a “security risk”. It also alleged that the plea demonstrated that Navlakha’s earlier arguments seeking house arrest on medical grounds was a farce because there is no super-speciality hospital in the vicinity of the newly proposed venue of house arrest. Senior advocate Nitya Ramakrishnan, representing Navlakha, opposed these arguments. The Bench has granted Navlakha time to search for other appropriate houses in Mumbai.
On Monday, a division Bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, allowed journalist and human rights activist Gautam Navlakha time until August 18 to find another suitable place for house arrest in Mumbai.
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Supreme Court Grants Time To NIA To File Counter Affidavit Regarding Change In Location of Gautam Navlakha’s House Arrest

15/05/2023

Live Law / by LIVELAW NEWS NETWORK

The Supreme Court, on Monday, granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case.
A Bench comprising Justice KM Joseph and Justice BV Nagarathna was considering an application filed by him seeking to shift his house arrest location in Mumbai.
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SC to hear activist Navlakha’s plea on Monday for shifting out from Mumbai public library under house arrest

15/05/2023

The Telegraph / by pti

The top court also directed Gautam Navlakha to deposit another Rs 8 lakh toward expenses for making available police personnel for his security
The Supreme Court is likely to hear on Monday a plea of activist Gautam Navlakha, who is under house arrest in the Elgar Parishad-Maoist links case, that he be shifted from a public library in Mumbai to some other place.
A bench of Justices K M Joseph and B V Nagarathna had on April 28 directed the CBI to file its reply within two weeks on Navlaka’s petition seeking to be shifted from the public library to some other place in the city as the facility needs to be vacated.
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Also read:
● Supreme Court directs Gautam Navlakha to pay INR 8 lakhs as cost of deploying police for his house arrest (The Leaflet / April 2023)
● Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)

SC seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen

04/05/2023 Asha

Supreme Court Issues Notice On Bail Pleas Of Professor Shoma Sen & Jyoti Jagtap In Bhima Koregaon Case

04/05/2023

Live Law / by Sohini Chowdhury

The Supreme Court, on Thursday, issued notice in bail pleas filed by Jyoti Jagtap and Professor Shoma Sen, accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).
A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia issued notice in both the Special Leave Petitions.
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Supreme Court seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen

04/05/2023

Bar & Bench / by Abhimanyu Hazarika

The Supreme Court on Thursday sought the response of the Maharashtra government and the National Investigation Agency (NIA) on the bail pleas filed by, Jyoti Jagtap and Shoma Sen, accused in the Bhima Koregaon violence case.
A Bench of Justices Aniruddha Bose and Sudhanshu Dhulia issued notice to the State and NIA.
Sen, an English Literature professor and Dalit and women’s rights activist, was arrested on June 6, 2018.
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SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail

04/05/2023

The Print / by pti

The Supreme Court on Thursday sought the responses of the Maharashtra government and the National Investigation Agency (NIA) on a plea filed by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order declining her bail.
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)
● Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)
● The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)

Shoma Sen’s discharge application at NIA court claims lack of incriminating evidence

03/05/2023 Asha

The Leaflet / by Sarah Thanawala

The matter will now be heard on May 17.
A National Investigation Agency (NIA) court, presided by special judge Rajesh Kataria, on Tuesday heard a discharge application filed by women’s rights activist and academic Shoma Sen, claiming lack of incriminating evidence against her in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Read more

Also Read:
● Shoma Sen moves Supreme Court seeking bail (The Leaflet / Apr 2023)
● Mahesh Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
● Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail (India Today / Jan 2023)

Can Varavara Rao get free cataract surgery in Hyderabad? High Court seeks NIA response

27/04/2023 Asha

Bombay HC asks NIA to verify claim by Varavara Rao that he will get free cataract treatment in Hyderabad

27/04/2023

Bar & Bench / by Neha Joshi

Rao made the claim in his application seeking permission to go to Hyderabad from Mumbai for three months to undergo cataract surgery.
The Bombay High Court Thursday asked the National Investigation Agency (NIA) to verify the claim made by Bhima Koregaon violence accused Dr. P Varavara Rao that State of Telangana would provide free cataract treatment to him.
Single-judge Justice Amit Borkar opined that this was the crux of Rao’s plea, and if the claim made by Rao was factually incorrect, then the complexion of the matter would change.
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Can Varavara Rao get free cataract surgery in Hyderabad? HC seeks NIA response

27/04/2023

The Indian Express / by Express News Service

In February 2021, the HC granted Rao medical bail for six months. Though it was extended from time to time, the high court in April 2022 rejected his prayer for permanent bail and asked him to surrender within three months.
The Bombay High Court on Thursday asked the National Investigation Agency (NIA) to respond to claims by Telugu poet and activist Varavara Rao, who is an accused in Elgar Parishad case that he can get cataract surgery done free-of-cost in Hyderabad, Telangana.
Read more

Also read:
● Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery at Hyderabad (Bar & Bench / Jan 5, 2023)
● Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court (Scroll.in / Sep 2022)

Shoma Sen moves Supreme Court seeking bail

27/04/2023 Asha

The Leaflet / by Sarah Thanawala

The Bombay High Court, in its order dated January 17, had refused to examine the correctness of the order of the trial court that rejected her bail application.
A special leave petition, filed by women’s rights activist and academic Shoma Sen challenging the order of the Bombay High Court on her bail plea, is listed to be heard on May 4. The petition was mentioned by senior advocate Anand Grover before a division Bench of the Supreme Court, led by Chief Justice of India Dr D.Y. Chandrachud, on Wednesday.
Read more

Also Read:
● Mahesh Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
● Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail (India Today / Jan 2023)

Gautam Navlakha moves HC against NIA court’s rejection of bail plea

27/04/2023 Asha

Gautam Navlakha moves HC against NIA court’s rejection of bail plea

27/04/2023

The Indian Express / by The Indian Express

Navlakha, who was arrested on April 14, 2020, has been incarcerated since then. Since November, he has been under house arrest in Navi Mumbai.
Elgaar Parishad case accused Gautam Navlakha recently approached the Bombay High Court with a fresh appeal challenging a special NIA court’s order that had rejected his bail application earlier this month. Navlakha’s previous bail plea, filed before the special court, was rejected last September. Following this, he had filed an appeal before the Bombay High Court.
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Gautam Navlakha moves HC for bail again

27/04/2023

Hindustan Times / by HT Correspondent

Last year, he had filed an appeal in HC when the special court rejected his bail application in September 2022.
Mumbai: Gautam Navlakha, one of the accused in the Elgar Parishad case has approached the Bombay high court for a second time and appealed against the rejection of his bail application by a special NIA court earlier this month. Last year, he had filed an appeal in HC when the special court rejected his bail application in September 2022.
Read more

Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)

Gautam Navlakha was active member of banned terrorist says special court while rejecting bail plea [read order]

13/04/2023 Asha

Reasonable grounds for believing accusations about Gautam Navlakha being CPI-Maoist member: Court

14/04/2023

The Indian Express / by Express News Service

Navlakha was arrested on April 14, 2020, by the NIA and has been under house arrest since November 2022.
IN ITS detailed order rejecting bail to 69-year-old Gautam Navlakha in the Elgaar Parishad case, the special court in Mumbai has said there is prima facie evidence of a nexus between him and Syed Gulam Nabi Fai, who was convicted by a US court in 2012 for links with Pakistani spy agency ISI. The court said there are reasonable grounds for believing accusations against Navlakha, including that he is a member of the banned organisation Communist Party of India (Maoist).
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Gautam Navlakha was active member of banned terrorist group involved in attacks against security forces: Mumbai court [read order]

13/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya opined that there are reasonable grounds for believing that the accusations against Navlakha are prima facie true.
Bhima Koregaon case accused Gautam Navlakha was a member of banned terrorist organisation Communist Party of India (Maoist), which attacked and killed many government security forces, a Mumbai court held while rejecting the activist’s bail plea.
In an order uploaded on Wednesday, Special National Investigation Agency (NIA) judge Rajesh Katariya opined that there were reasonable grounds for believing that the accusations against Navlakha were prima facie true.
Read more
Read order

Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Surendra Gadling’s plea to allow him to appear in person pending before the Bombay High Court

11/04/2023 Asha

The Leaflet / by Sarah Thanawala

In the application, Gadling detailed his right to appear in person and the tedious process of in-person visits for undertrial prisoners.
On April 10, 2023, a division Bench of the Bombay High Court, comprising Justices Revati Mohite Dere and Sharmila Deshmukh, recused itself from hearing an appeal by human rights lawyer and Dalit rights activist Surendra Gadling for the grant of default bail. With its recent change in assignments, the high court is yet to decide on Gadling’s application to appear in person and allow his production before the high court, where his appeal for grant of default bail is pending. The application was sent by Gadling from Taloja jail in November 2022.
Read more

Also read:
● To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates (India Today / March 2023)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Also watch:
● Video: The Prison Song of Surendra Gadling
hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

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

Special NIA Court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

06/04/2023 Asha

Mumbai court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

06/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A special National Investigation Agency (NIA) court on Thursday rejected the regular bail plea of Gautam Navlakha in the Bhima Koregaon case of 2018.
Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A detailed order of the order is yet to be made available.
Read more

Special NIA Court Denies Bail to Gautam Navlakha

06/04/2023

The Wire / by The Wire Staff

The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
Activist Gautam Navlakha was once again denied bail by a special NIA court on Thursday, April, in the Elgar Parishad-Maoist links case.
The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
Read more

Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)