SC to hear bail pleas of Vernon Gonsalves and Arun Ferreira on Feb 13 / ‘We’re Conscious It Is A Matter Of Personal Liberty’
‘We’re Conscious It Is A Matter Of Personal Liberty’: Supreme Court After Adjourning Bail Pleas Of Bhima Koregaon Accused At NIA’s Request
08/02/2023
Live Law / by Anurag Tiwari
The Supreme Court, on Wednesday, at the request of National Investigation Agency (NIA), again adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to Monday.
Senior Advocate Rebecca John, appearing for one of petitioners, submitted before the bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia, “I hope they (NIA) won’t take further adjournment. Because it is a matter of personal liberty”.
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Thread by Bar & Bench (Feb 8):
++ The Supreme Court to shortly hear bail pleas of Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon violence case.
Matter before Justices Aniruddha Bose and Sudhanshu Dhulia. ++
++ Counsel: SG is leading us, he is in another court.
Sr Adv Rebecca John: They had sought adjournment earlier as well.
Justice Bose: We will take it tomorrow.
Justice Dhulia: You can argue, what was the case you were relying on?
John: It is in volume … ++
++ SC: We do not have it.
John takes court through Anand Teltumbde medical bail order.
Bench does not have the copy it says.
SC: Call Mr Raju
Adv: He is not available. Next week?
SC: No ma’am, at most time till Friday.
Bench discusses ++
++ Sr Adv R Basant: 4 and a half years in custody.
Justice Bose to NIA counsel: You prepare yourself. Monday.
John: My lords have the compilation? I hope they do not take further adjournments. Only because it involves personal liberty.
Justice Dhulia: We … ++
++ Justice Dhulia: cannot give injunction (smiles). You can object then.
Justice Bose: We are conscious (that it involves personal liberty).
Also read:
● Supreme Court adjourns bail pleas of Vernon Gonsalves and Arun Ferreira at the request of NIA (The Leaflet / Feb 6, 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
Accused In Custody For 5 Years: Supreme Court Points Out To NIA While Hearing Bail Applications
‘Accused In Custody For 5 Years’: Supreme Court Points Out To NIA While Hearing Bail Applications
06/02/2023
Live Law / by Live Law News Network
The Supreme Court, on Monday, at the request of National Investigation Agency (NIA), directed the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to be deferred to a Non-Miscellaneous day (Wednesday).
A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Ferreira, who were arrested for alleged links with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, as well as with far-left militants.
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Supreme Court adjourns bail pleas of Vernon Gonsalves and Arun Ferreira at the request of NIA
06/02/2023
The Leaflet / by Sarah Thanawala
The matter is posted to be heard on February 8.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia, at the request of the National Investigation Agency (NIA), adjourned the hearing of the bail pleas of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira. Gonsalves and Ferreira have filed bail applications in the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019 rejecting their bail pleas.
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Thread by Bar & Bench (Feb 6):
++ #SupremeCourt is hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case
Adv Kanu Agarwal: 2 bails in UAPA case. ASG is in another court It will take sometime. We have filed the counter affidavits. ++
++ SC: Somebody is in custody for 5 years. What harm will be caused if he is released on bail with conditions? What is there in counter affidavit ? We have read it
Adv Agarwal: delay in trial cannot be attributed to NIA. There are serious charges of membership etc ++
++ Sr Adv Rebecca John: trial was also underwent for 5 years.. material pertaining to this case is the same in other cases where I was acquitted..
SC: This may make your case a little different
SC: List on Next Wednesday for hearing ++
Also read:
● Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
● Bombay High Court rejects default bail plea of Varavara Rao and seven other accused (The Leaflet / May 2022)
● HC disposes plea of eight accused seeking rectification in order denying them bail (Scroll.in / Dec 2021)
Shoma Sen files discharge plea / Targeted for activism, says Shoma Sen seeking clean chit
Shoma Sen files discharge plea in court
01/02/2023
The Indian Express / by Express News Service
Shoma Sen said in her discharge application that the “incriminating” evidence claimed to have been seized from her deals with information on social movements, all of which can be found in public domain.
… Meanwhile, the court on Tuesday heard the discharge application of activist Vernon Gonsalves. During the arguments, Gonsalves said that the accused in the case had not received some of the cloned copies presented by the NIA as evidence. … The co-accused in the case, lawyers Surendra Gadling and Arun Ferreira, informed the court that they had previously too sought cloned copies but have not received all.
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Targeted for activism, says Shoma Sen seeking clean chit
01/02/2023
The Free Press Journal / by Staff Reporter
Professor Shoma Sen, an accused in the Elgar Parishad-Bhima Koregaon case, on Tuesday filed a plea for getting a clean chit in the case. She claimed she has been falsely implicated by the National Investigation Agency (NIA) for her active role in the sphere of activism for human rights, Dalits and the marginalised sections of society.
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Supreme Court Adjourns Hearing On Bail Plea Of Vernon Gonsalves, Arun Ferreira
Supreme Court Adjourns Hearing On Bail Plea Of Vernon Gonsalves, Arun Ferreira
01/02/2023
The National Bulletin / by TNB Bureau
The hearing in the Supreme Court has been postponed in the case of bail of accused Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case. The next hearing of this matter will be on 6 February. The Supreme Court said that further hearing of the case will not be postponed. Earlier on August 18, 2022, the Supreme Court had asked the special court of the National Investigation Agency (NIA) to frame charges against accused Vernon Gonsalves within three months.
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Thread by Live Law / @LiveLawIndia (Feb 1, 2023):
++ Supreme Court to hear bail pleas of Bhima Koregaon Case Accused Varun Gonsalves and Arun Ferreira. ++
++ Report from the last hearing++
++ Matter before bench of Justices MR Shah and Sudhanshu Dhulia ++
++ Bench to shortly start hearing the bail plea. ++
++ Letter circulated in the matter. ++
++ Justice Shah – We will keep it on next Monday. No further adjournments. ++
Bombay High Court rejects bail plea by Surendra Gadling [read judgment]
Reasonable ground to believe Surendra Gadling a member of banned CPI (Maoist): Bombay High Court [Read Judgment]
31/01/2023
Bar & Bench / by Neha Joshi
The Court made the prima facie observation while rejecting Gadling’s bail plea in the 2016 Surajgarh arson case.
Allegations that lawyer and activist Surendra Gadling had direct membership of the banned organisation, Communist Party of India (Maoist) seem to be prima facie true, the Bombay High Court observed on Tuesday [Surendra Gadling v. State of Maharashtra].
A division bench of Justices Vinay Joshi and Valmiki SA Menezes made the observation while rejecting a bail plea moved by Gadling in the 2016 Surajgarh arson case.
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Read judgment
Surajgarh arson case: Bombay High Court rejects bail plea by Surendra Gadling
31/01/2023
Bar & Bench / by Neha Joshi
Gadling is presently in judicial custody in Taloja Central Prison and is also an accused in the 2018 riots case of Bhima Koregaon.
The Nagpur Bench of the Bombay High Court today rejected the bail plea of lawyer and activist Surendra Gadling in the 2016 Surajgarh arson case.
A division bench of Justices Vinay Joshi and VA Menezes pronounced the order today.
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HC upholds denial of bail to Nagpur lawyer Surendra Gadling
01/02/2023
Nagpur Today / by Nagpur Today
Justice Vinay Joshi and Justice Valmiki SA Menezes at the Nagpur Bench of Bombay High Court have dismissed the appeal filed by the Nagpur lawyer, Surendra Gadling (55), against rejection of his application for regular bail by the Sessions court, Gadchiroli, with observation that the court prima facie believes the NIA´s accusations that appellant was part of a conspiracy and abetting the terrorist acts.
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Also read:
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet | July 2021)
● DISINHERITING ADIVASIS – THE GADCHIROLI GAME PLAN (KAFILA | June 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)
Court seeks one more year to decide on framing charges / 5 years on, charges not framed
5 years on, charges not framed despite repeat extensions
19/01/2023
Sabrangindia / by Sanchita Kadam
The Special NIA Court has said that it will first need to dispose the discharge applications filed by the accused, before deciding on framing of charges
The Special NIA court, Mumbai has sought a time extension of one more year from the Supreme Court to frame charges in the case. This request was sent in November last year. On January 16, the Supreme Court said that it will proceed with hearing bail applications of activists Vernon Gonsalves and Arun Ferreira from January 30.
Last year in August while hearing Gonsalves’ plea, the apex court had given the Special Court three months’ time to decide whether charges are required to be framed against the accused or not. This three month period ended in November 2022, just when the Special Court sought an extension for another year!
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Elgaar Parishad case: Court seeks one more year to decide on framing charges
18/01/2023
The Indian Express / by Sadaf Modak
On August 18, the Supreme Court had directed the trial court to decide on these aspects within three months, granting it time till last November.
The special court hearing the Elgaar Parishad case in Mumbai had last November sought an extension of one year to decide whether to frame charges against the accused and also take a call on their discharge applications.
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Also read:
● 4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case (The Indian Express / Oct 2022)
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)
Bombay HC directs Shoma Sen to first move special NIA court for bail in Bhima Koregaon case
Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail
17/01/2023
India Today / by Vidya
Sen claims she has been falsely arrested because she had exposed illegal arrests and torture.
The Bombay High Court has directed Elgar Parishad accused Professor Shoma Sen to approach the special NIA court for bail before coming to the high court on appeal.
Sen, behind bars since 2018, had applied for bail before the Pune Sessions Court in December 2018 prior to the filing of the chargesheet and another application after the filing of the chargesheet. Both the applications were rejected by the sessions court by way of common order in November 2019.
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Bombay High Court directs Shoma sen to first move special NIA court for bail
17/01/2023
Bar & Bench / by Neha Joshi
A division bench of Justices AS Gadkari and PD Naik reasoned that the special NIA court ought to be given an opportunity to consider the supplementary chargesheet first before Sen could approach High Court.
The Bombay High Court on Tuesday directed the Bhima Koregaon accused Shoma Sen to approach the special NIA court for bail before coming to the High Court in appeal.
A division bench of Justices AS Gadkari and PD Naik noted that the special NIA court has not had a chance to consider the bail application after the filing of chargesheet.
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Bombay High Court Grants Liberty To Accused Professor Shoma Sen To Approach Special NIA Court For Bail
17/01/2023
Live Law / by Amisha Shrivastava
Bombay High Court on Tuesday disposed of Bhima Koregaon – Elgar Parishad accused Professor Shoma Sen’s bail application with liberty to approach the trial court.
The division bench of Justice AS Gadkari and Justice PD Naik took note of the chargesheet filed against Sen subsequent to the Pune sessions court order denying bail.
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SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira
Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30
16/01/2023
Live Law / by Awstika Das
“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court on Monday, while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira… Indicating that they would like to hear the arguments at length, the bench decided to post the matter on a ‘non-miscellaneous’ day in the week starting on January 30.
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Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira
16/01/2023
The Leaflet / by Sarah Thanawala
The matter is posted for hearing on January 30.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia decided to proceed with the hearing of bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira after Justice Dipankar Datta recused himself from hearing the matter on January 12. Gonsalves and Ferreira have filed the bail application in the Supreme Court challenging the rejection of their default bail applications by the Bombay High court.
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Justice Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves and Arun Ferreira
12/01/2023
The Leaflet / by Sarah Thanawala
The matter will now be taken up next week by a bench that does not comprise Justice Datta.
Thursday, Justice Dipankar Datta recused himself from hearing the bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira. The matter will now be taken up by a bench that Justice Dutta is not a part of.
… A Supreme Court division bench, comprising Justices Ravindra Bhatt and Datta, was hearing petitions filed by Gonsalves and Ferreira, challenging the rejection of their bail applications by the Bombay High Court.
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SC judge Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves, Arun Ferreira
13/01/2023
Scroll.in / by Scroll Staff
Justice Dipankar Datta of the Supreme Court on Thursday recused himself from hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, Live Law reported.
… Gonsalves and Ferreira have filed petitions in the Supreme Court challenging the Bombay High Court decision to deny them default bail in the case. The court had held that Gonsalves and Ferreira did not apply for the bail on time.
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Also read:
● Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
● Special court rejects Arun Ferreira’s plea against NIA (Free Press Journal / Aug 2022)
Supreme Court extends Gautam Navlakha’s house arrest till February 17
Supreme Court extends Gautam Navlakha’s house arrest
09/01/2023
The Leaflet / by Sarah Thanawala
The court granted an adjournment in the hearing of the review of its interim order granting house arrest till February 17. Senior advocate Nitya Ramakrishnan sought permission to allow Navlakha to receive an international phone call.
On Monday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, adjourned the hearing of the matter and extended Navlakha’s house arrest till February 17.
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Gautam Navlakha Requests Permission To Attend International Call From Daughter; Supreme Court Seeks NIA Response
09/01/2023
Live Law / by Sohini Chowdhury
On Monday, Advocate, Ms. Nithya Ramakrishnan, appearing on behalf of human rights activist Gautam Navalakha, accused in the Bhima Koregaon case, who is presently in house arrest, sought the permission of the Supreme Court to receive a call from his daughter living in Spain.
The Senior Counsel apprised a Bench comprising Justice KM Joseph and Justice BV Nagarathna, that the Apex Court had permitted Navalakha to make one call per day from NIA’s phone. However, he is not permitted to make international calls.
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Also read:
● Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)
● Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)