Case Update – Page 13 – free them all

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

01/11/2023 Asha

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

01/11/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (November 1) adjourned until November 30 the hearing of activist and Bhima Koregaon-accused Jyoti Jagtap’s bail application.
A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Jagtap’s petition challenging the Bombay High Court’s decision to reject her bail application. She has been lodged in jail since September 2020 for offences under the Unlawful Activities (Prevention) Act, 1967 after being arrested in connection with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, and for having alleged links with the proscribed far-left outfit, Communist Party of India (Maoists).
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SC says principles of Arun and Vernon bail judgment to apply to Jyoti Jagtap

01/11/2023

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court today observed that as per the parameters set in the bail judgment of co-accused Vernon Gonsalves and Arun Ferreira, the contents of the recovered electronic evidence will be analysed to check whether it constitutes an offence under Chapters V and VI of the Unlawful Activities (Prevention) Act, 1967.
Today, the Supreme Court observed that the parameters set in the judgment granting bail to co-accused Vernon Gonsalves and Arun Ferreira will be applied to the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
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Also read:
● Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea (The Leaflet / Sep 2023)
● Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
● Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)

Cross-examination of former Pune Rural SP Haque begins before Koregaon Bhima Commission

27/10/2023 Asha

Cross-examination of former Pune Rural SP Haque begins before Koregaon Bhima Commission

27/10/2023

The Indian Express /by Chandan Haygunde

The commission had then deferred Haque’s cross-examination as lawyers had sought certain videos pertaining to the Koregaon Bhima violence from the police.
The cross-examination of IPS officer Suvez Haque started before the Koregaon Bhima Commission of Inquiry on Thursday.
The two-member commission headed by retired High Court Justice J N Patel is probing into the causes that led to the violence in Koregaon Bhima area in Pune on January 1, 2018, leaving one person dead and several others injured.
Haque was the Superintendent (SP) of Pune rural police at the time of Koregaon Bhima violence, which took place in his jurisdiction.
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Extension after Extension: Maharashtra’s inquiry commissions stretch for years bearing high cost and no sight of report implementation

27/10/2023

The Indian Express / by Mohamed Thaver

As per a simple assessment, so far, a bill of nearly Rs 1 crore has been raised by the commission, which is still ongoing. The Commission is hopeful that it will complete the hearings by the end of this five-month extension.
On October 9, the ongoing Bhima Koregaon inquiry commission received its 14th extension for aa period of five months from the state government. While the committee set up in February 2018 was initially formed for a four-month period, it is now in its sixth year – operational for at least 48 months apart from break during Covid lockdown – and has received an extension till Feb 28, 2024.
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Also Read:
● Truth and dare in Bhima Koregaon (The Leaflet / Oct 2023)
● Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 2022)
● What is the Elgar Parishad and who Oganised It? (SabrangIndia / Sep 2018)
● Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│ by Sudhir Dhawale │ March 2018)

NIA submits affidavit stating accused have been provided copies of all evidence

18/10/2023 Asha

The Leaflet / by Sarah Thanawala

The long-pending plea before the special court constituted under the National Investigation Agency (NIA) Act, 2008 has been for the NIA to comply with Section 207 (supply of a copy of the police report and other documents to the accused) of the Code of Criminal Procedure.
On Wednesday, the National Investigation Agency (NIA) filed an affidavit stating that it has provided copies of all materials relied upon by it to the accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Read more

Also Read:
● Bombay High Court hears petition seeking quashing of chargesheets against Shoma Sen and Rona Wilson – searching and seizing allegedly incriminating electronic documents (The Leaflet / Oct 17, 2023)
● What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle? (The Leaflet / Aug 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)

Since Evidence Tampering Not Ruled Out, Shoma Sen and Rona Wilson Want Chargesheets Quashed

16/10/2023 Asha

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.
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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.
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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

Also read:
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Cyber Attackers Who Targeted Rona Wilson Could Have Been Engaged by Same Entity: Report (The Wire / Feb 2022)

Supreme Court extends stay on bail granted to Mahesh Raut till Nov 1

11/10/2023 Asha

Supreme Court extends stay on bail granted to Mahesh Raut again

11/10/2023

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court allowed adjournment sought by additional solicitor general S.V. Raju, appearing for the National Investigation Agency, and allowed the interim Order of stay to continue till the next date of hearing.
On Wednesday, the Supreme Court allowed a further extension on stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
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SC extends Bombay HC stay on Mahesh Raut bail till Nov 1

11/10/2023

The Siasat Daily / by IANS

On September 21, a division bench of Justice A.S. Gadkari and Justice Sharmila Deshmukh of the High Court had granted bail to Raut, who has been in jail since June 6, 2018 for his alleged links with Maoists.
The Supreme Court on Wednesday said that the order granting bail to the Bhima Koregaon-Elgaar Parishad conspiracy case accused Mahesh Raut will not be given effect till November 1.
Read more

Also read:
● Supreme Court extends stay on bail granted to Mahesh Raut (The Leaflet / Sep 27, 2023)
● Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)

Supreme Court Issues Notice on Surendra Gadling’s Bail Plea in 2016 Gadchiroli Arson Case

10/10/2023 Asha

by Bar & Bench / @barandbench (Oct 23, 2023):
Bombay High Court has condoned delay in filing of appeal of Bhima Koregaon accused Surendra Gadling seeking default bail.

Supreme Court Issues Notice on Surendra Gadling’s Bail Plea in 2016 Gadchiroli Arson Case

10/10/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday issued notice on the bail plea of Dalit rights activist and advocate Surendra Gadling in the 2016 Gadchiroli Arson Case. The Nagpur-based lawyer is also among the 16 accused in the Bhima Koregaon case and is currently lodged in Navi Mumbai’s Taloja prison.
A bench of Justices Aniruddha Bose and Bela Trivedi was hearing Gadling’s special leave petition challenging the Bombay High Court’s decision to reject his bail application in the Gadchiroli arson case which involved around 80 vehicles transporting iron ore from Surjagarh mines in Maharashtra’s Gadchiroli district from allegedly being set on fire by Maoists in December 2016.
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Gadchiroli arson case: Supreme Court issues notice in bail plea of Surendra Gadling

10/10/2023

The Leaflet / by Sarah Thanawala

Senior advocate Anand Grover, representing Gadling, stated that Gadling’s case is “less egregious” than the case of two other co-accused persons in the Bhima Koregaon case— trade unionist and activist Vernon Gonsalves and lawyer and activist Arun Ferreira.
On Tuesday, the Supreme Court issued a notice in the bail plea by human rights lawyer and Dalit rights activist Surendra Gadling.
A division Bench of the high court comprising Justices Aniruddha Bose and Bela M. Trivedi was hearing the bail application filed by Gadling, challenging the Order of the Bombay High Court dated January 31.
Read more

Also read:
● HC upholds denial of bail to Nagpur lawyer Surendra Gadling (Nagpur Today / Feb 2023)
● Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
● Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao, prompting senior lawyers to say this is ‘ever-greening of charges’ (The Leaflet / Jan 2019)

Supreme Court adjourns hearing on bail plea by Shoma Sen

04/10/2023 Asha

Odiashatv.in / by ians

A Bench comprising Justices Aniruddha Bose and Bela M Trivedi posted the matter for hearing after a period of four weeks and allowed the petitioner to file a rejoinder to the counter-affidavit filed by the NIA.
The Supreme Court on Wednesday deferred the hearing on a bail plea filed by Professor Shoma K Sen, an accused in the Bhima Koregaon case.
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Also read:
● Supreme Court seeks NIA reply on interim bail for Elgar Parishad accused activist (Hindustan Times / Aug 2023)
● Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

SC Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

26/09/2023 Asha

Supreme Court extends stay on bail granted to Mahesh Raut

27/09/2023

The Leaflet / by Sarah Thanawala

On September 21, Bombay High Court had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency to appeal in the Supreme Court.
On Wednesday, the Supreme Court extended the stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
On September 21, a division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency (NIA) to appeal in the Supreme Court.
Today, a division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi heard the special leave petition filed by the NIA challenging the Order of the high court.
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Supreme Court Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

27/09/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (September 27) admitted the appeal by the National Investigation Agency (NIA) challenging the bail granted to tribal rights activist Mahesh Raut in the Bhima Koregaon case over alleged maoist list.
The Court also extended the stay, which was granted by the Bombay High Court itself on the bail order, till the next date of hearing October 5.
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Supreme Court extends Bombay High Court stay on bail to Mahesh Raut

27/09/2023

Bar & Bench / by Abhimanyu Hazarika

A bench of Justices Aniruddha Bose and Bela M Trivedi admitted the NIA’s appeal against the High Court’s order granting Raut bail and listed the case on October 5. The stay on Raut’s bail order will continue until then.
The Supreme Court on Wednesday extended till October 5 the stay imposed by the Bombay High Court on its order granting bail to Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case. [National Investigation Agency v. Mahesh Sitaram Raut and anr]
A bench of Justices Aniruddha Bose and Bela M Trivedi passed the order on the appeal filed by National Investigation Agency (NIA) before the apex court challenging the High Court’s bail order.
Read more

Also read:
▪ The cost of protesting against mining in Gadchiroli (Scroll.in | by Nolina Minj | Sep 27, 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)
▪ No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order] (Live Law / Sep 21, 2023)
▪ Encountering Resistance – State Policy for Development in Gadchiroli (Coordination of Democratic Rights Organisations (CDRO / June 2018)
▪ Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

21/09/2023 Asha

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

21/09/2023

The Leaflet / by Sarah Thanawala

The matter is posted for further hearing after three weeks.
On Thursday, the Supreme Court granted three weeks time to anti-caste activist and musical performer, Jyoti Jagtap, to file a rejoinder in support of her bail plea.
A division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi was hearing Jagtap’s plea for grant of regular bail.
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Supreme Court adjourns hearing on activist Jyoti Jagtap’s plea against HC order

21/09/2023

The Telegraph / by pti

Jagtap has moved the apex court challenging the October 17, 2022 order of the high court that refused to grant her bail
The Supreme Court on Thursday adjourned for four weeks a plea moved by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order denying her bail.
Read more

Also read:
● Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
● Hany Babu, three Kabir Kala Manch members denied bail in Bhima-Koregaon case (Free Press Journal / Feb 2022)

In Jail for 5 Years, Activist Mahesh Raut Gets Regular Bail in Bhima Koregaon Case [read order]

21/09/2023 Asha

In Jail for 5 Years, Activist Mahesh Raut Gets Bail in Elgar Parishad Case

21/09/2023

The Wire / by Sukanya Shantha

The 36-year-old tribal rights activist is one of the first five persons to have been arrested in the controversial case, on June 6, 2018.
Five years after 36-year-old tribal rights activist Mahesh Raut was arrested for his alleged role in the Elgar Parishad case, the Bombay high court on Thursday, September 21, granted him bail.
The National Investigating Agency (NIA), which is handling the investigation in the case, sought two weeks’ time to appeal in the Supreme Court. The HC, however, granted a week’s time.
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Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut

21/09/2023

The Leaflet / by Sarah Thanawala

The operation of the Order granting bail to Mahesh Raut is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Thursday, the Bombay High Court granted regular bail to forest rights activist Mahesh Raut.
A division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh, however, has stayed the Order for one week.
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Bombay High Court grants bail to Mahesh Raut; sixth accused to get bail [read order]

21/09/2023

Bar & Bench / by Neha Joshi

Raut is the sixth person to get bail in the Bhima Koregaon case after Sudha Bhardwaj, Varavara Rao, Anand Teltumbde, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Thursday granted bail to Mahesh Raut, one of the accused persons in the Bhima Koregaon riots case of 2018.
A division bench of Justices AS Gadkari and Sharmila Deshmukh passed the order.
The Court stayed its order for a week after the National Investigation Authority (NIA) sought time to file appeal against the same before the Supreme Court.
Read more

Read order

No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order]

21/09/2023

Live Law / by Sharmeen Hakim

Observing that the material against forest rights activist Mahesh Raut couldn’t lead to a prima-facie inference that he had indulged in a ‘terrorist act’ under Section 15 of the Unlawful Activities (Prevention) Act 1967, the Bombay High Court granted him bail in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
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Bhima Koregaon Case: Bombay High Court Grants Bail To Mahesh Raut, Stays Bail For One Week At NIA’s Request

21/09/2023

Live Law / by Sharmeen Hakim

The Bombay High Court granted bail to Mahesh Raut an accused in the 2018 Bhima Koregaon – Elgar Parishad larger conspiracy case making him the sixth person to get bail in this case. However, the High Court stayed the order granting bail for one week at the request of the National Investigating Agency (NIA), which sought for a stay of two weeks.
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Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC!

21/09/2023

Sabrangindia.in / by SabrangIndia

After 5 years of incarceration, court grants bail as Section 16, 17, 18 of UAPA not made out, order stayed for one week as NIA seeks time to file appeal with the Supreme Court.
Mahesh Raut, the youngest accused in the Bhima Koregaon Elgar Parishad Violence case, has been granted bail by the Bombay High Court. On September 21, 2023, a division bench of Justice AS Gadkari and Justice Sharmila Deshmukh passed the bail order.
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Elgaar Parishad case: Mahesh Raut sixth to secure bail; 8 others still in jail

22/09/2023

The Indian Express / by Omkar Gokhale

The High Court had initially allowed a regular bail plea of Mahesh Raut but stayed its order for a week after the National Investigation Agency (NIA) sought a stay for 14 days so that it can approach the Supreme Court.
… Of the total 16 accused who were held, six of them (including Raut) have received bails from either the High Court or the Supreme Court. Among the accused who are still in custody are Gautam Navlakha, who is under house arrest.
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Who is Mahesh Raut? Bombay HC grants him bail in Elgaar Parishad Case

23/09/2023

The Statesman / by Statesman Web

The Bombay High Court has recently granted bail to Mahesh Raut in connection with the Elgaar Parishad case, with the condition that the order will be stayed for a week upon the National Investigation Agency’s (NIA) request.
Raut, a dedicated land rights activist working in the Gadchiroli region of Maharashtra, had initially sought regular bail in 2022 after his bail plea was rejected by the special NIA court in November 2021. Let’s take a closer look at Mahesh Raut and his background.
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Also read:
● Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 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 / by Neema Pathak Broome and Mahesh Raut / June 2017)