Case Update – Page 14 – free them all

HC disposes of Hany Babu’s plea after being told about his cataract surgery

06/01/2023 Asha

by Live Law / @LiveLawIndia (Jan 6, 2023):
[#BhimaKoregaon -Elgar Parishad Case]
#BombayHC is informed that DU Prof Hany Babu’s cataract surgery was successfully performed.
“We expect the jail officials to take the petitioner to the hospital for follow-up treatment. ” -J AS Gadkari.
Plea disposed of.

HC disposes of Hany Babu’s plea after being told about his cataract surgery

06/01/2023

Midday.com / by pti

The court had last month allowed Babu to undergo a cataract surgery and a medical check-up at a city-based hospital.
The Bombay High Court on Friday disposed of the plea by former Delhi University professor Hany Babu, an accused in the Elgar Parshad-Maoist links case, seeking medical care.
The court had last month allowed Babu to undergo a cataract surgery and a medical check-up at a city-based hospital.
Read more

Also read/listen:
● Hany Babu gets temporary bail to undergo cataract surgery (Scroll.in / Dec 16, 2022)
● Podcast: The curious case of Dr Hany Babu and India’s political prisoners (abc.net / by Phillip Adams / Nov 29, 2022)
Press and academic freedom organisations like PEN International say the Modi government in India has been using its anti-terror laws against academics, journalists and public intellectuals who have been critical of the government.
Guest: Paranjoy Guha Thakurta – journalist, author, publisher, educator and documentary film-maker.

en │ 18min │ 2022
Listen to the podcast

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

05/01/2023 Asha

Electronic records relied on during probe dubious, says Gonsalves in discharge plea

05/01/2023

The Indian Express / by Express News Service

Referring to multiple reports by US-based forensic consulting firm Arsenal Consulting, which said that malware was planted on the electronic devices of his co-accused, Gonsalves has said the main evidence in the case is ‘unworthy of credit’.
Vernon Gonsalves, an accused in the Elgaar Parishad case, filed his discharge application before the special court on Wednesday, stating that electronic records relied on by the investigators are dubious.
Read more

Vernon Gonsalves cites Arsenal report to seek discharge

05/01/2023

Free Press Journal / by Bhavna Uchil

Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused.
Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused. The electronic evidence forms the foundation of the prosecution’s case. He has claimed that it’s dubious and has called into question the whole basis of the case.
Read more

Activist Vernon Gonsalves files for discharge

04/01/2023

Hindustan Times / by Charul Shah

The activist has raised questions on the sanction given by the competent authorities to invoke charges under the Unlawful Activities Prevention Act. In the discharge plea, he has claimed that the sanctioning authority has to be independent and needs to evaluate evidence before granting sanction
Human rights activist Vernon Gonsalves has filed a plea before the special NIA court seeking discharge from the Elgar Parishad-Bhima Koregaon violence case, claiming that there was no evidence to proceed against him. Gonsalves, arrested in August 2018, is currently lodged in Taloja jail.
Read more

Also read:
● Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jun 11, 2018)

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery

05/01/2023 Asha

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery at Hyderabad

05/01/2023

Bar & Bench / by Neha Joshi

Justice RG Avachat directed the National Investigation Agency (NIA) to respond to the application filed by Rao seeking to quash the order of the special NIA court refusing him leave to go to Hyderabad for the surgery.
The Bombay High Court on Wednesday issued notice to the National Investigation Agency (NIA) on a plea filed by Telugu poet Varavara Rao, accused in Bhima Koregaon case of 2018, seeking permission to conduct his cataract surgery at Hyderabad.
Read more

Bombay High Court Issues Notice To NIA In Bhima Koregaon Accused Varavara Rao’s Plea Seeking Permission To Go To Hyderabad For Cataract Surgery

05/04/2023

Live Law / by Amisha Shrivastava

Telugu poet Varavara Rao, accused in the Bhima Koregaon case, has approached the Bombay High Court seeking permission to travel to Hyderabad to undergo cataract surgery in both his eyes.
Justice R. G. Avachat issued notice to NIA in the plea challenging trial court’s order rejecting his request to travel to Hyderabad and stay there for three months. The matter was posted on January 16, 2023.
Read more

Also read:
● Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court (Live Law / Sep 2022)

Advocate Surendra Gadling moves Bombay High Court for default bail

04/01/2023 Asha

by Bar & Bench – Live Threads /Jan 18, 2023)

Bombay High Court is hearing the application filed by Surendra Gadling, accused in Bhima Koregaon, seeking default bail.

Advocate Yashodeep Deshmukh for Gadling: Gadling has moved an application before the High Court registrar seeking appearance in person. I thought it best to inform the court since I do not want allegations against me.

Deshmukh: If this goes in our favour then there will be no allegations. If not, then there might be allegations against me or the court. Adv Sandesh Patil for NIA: I do not have any documents. Court: Serve copy to the otherside. Place it after 2 weeks.

Got Certified Copy Of Bail Order To File Appeal After 55-Days: Bhima Koregaon Accused Surendra Gadling Justifies Delay In Default Bail Application

04/01/2023

Live Law / by Sharmeen Hakim

Advocate Surendra Gadling an accused in the Bhima Koregaon – Elgar Parishad Caste violence case has approached the Bombay High Court against rejection of his default bail application by the Special NIA Court.
In the plea under Section 21(4) of the NIA Act Gadling has blamed the prison department for the delay of nearly two months in receiving certified copies of the order of the Special Court, to justify the delay in filing the appeal.
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Bhima Koregaon accused Surendra Gadling moves Bombay High Court for default bail

04/01/2023

Bar & Bench / by Neha Joshi

The accused moved the High Court challenging an order of June 28, 2022 passed by a Special NIA Court rejecting his default bail plea.
Surendra Gadling, accused in the Bhima Koregaon violence of 2018, has approached the Bombay High Court seeking default bail in the case.
Gadling, who is presently in judicial custody, moved the Court challenging an order of June 28, 2022 by the special court rejecting his default bail application.
Read more

HC asks NIA to respond to Surendra Gadling’s default bail plea

04/01/2023

Hindustan Times / by K A Y Dodhiya

Surendra Gadling, an accused in the Elgar Parishad case, has filed an application in the Bombay high court challenging the June 2022 rejection of his default bail plea by the special NIA (National Investigation Agency) court. Gadling has also sought condonation of the delay of ten days in filing the application, which, he said, was because of a delay on the part of the prison authorities in providing a certified copy of the order. The HC has asked NIA to respond to the issue of condonation of delay.
Read more

Also read:
● NIA special court rejects default bail application of five accused (The Leaflet / June 2022)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / Jul 2021)

By Adv Surendra Gadling Defence Committee:
With due credit to anonymous artist and to the jailed, to be jailed lawyers

Why the Bombay High Court granted regular bail to Dr. Anand Teltumbde: An explainer

19/12/2022 Asha

The Leaflet / by Sarah Thanawala

The high court noted that the prosecution fails to show that the accused has been involved or has indulged in a terrorist act.
On November 18, a division bench of Bombay High Court, comprising Justices A.S. Gadkari and Milind N. Jadhav, granted bail to Dr. Anand Teltumbde, the 73-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) for allegedly being a senior member of the banned Communist Party of India (Maoist) (‘CPI (Maoist)’).
Read more

Also read:
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
● Supreme Court dismisses NIA’s petition challenging bail granted to Dr. Anand Teltumbde (The Leaflet / Nov 2022)
● Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)

Supreme Court to take up bail pleas of Vernon Gonsalves and Arun Ferreira in January

16/12/2022 Asha

India Legal Live / by India Legal

The Supreme Court on Friday posted the bail application of academician Vernon Gonsalves, accused in the Elgar Parishad case, for hearing in the second week of January.
The Bench led by Justice Ravindra Bhat ruled that it will take up the bail petition of Gonsalves along with the bail plea of Activist Arun Ferreira, also an accused in the Elgar Parishad Maoist link case.
Read more

Bombay High Court allows Hany Babu to undergo cataract surgery at Mumbai’s Saifee hospital

16/12/2022 Asha

Bombay High Court allows Hany Babu to undergo cataract surgery at Mumbai’s Saifee hospital

16/12/2022

Bar & Bench / by Narsi Benwal

The Bench also allowed the accused to meet his family members while in hospital.
The Bombay High Court on Friday allowed Delhi University professor Hany Babu, an accused in the Bhima-Koregaon violence case, to undergo cataract surgery at his own cost, in Mumbai’s Saifee Hospital.
A division bench of Justices Ajay Gadkari and Prakash Naik while permitting him to undergo the surgery, ordered the Superintendent of the Taloja Central Prison to transfer him to Saifee hospital by Monday morning.
Read more

Bombay High Court Permits Former DU Prof Hany Babu To Undergo Cataract Surgery At Private Hospital In Mumbai

16/12/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday allowed Delhi University (DU) associate professor Hany Babu, accused in the Bhima Koregaon – Elgaar Parishad case to undergo cataract surgery at a private hospital in Mumbai.
A division bench led by Justice AS Gadkari directed Babu, currently lodged in Taloja Prison, to be escorted to the private hospital on Tuesday, further permitting hospitalisation for four days. During this time, he would also undergo diagnosis for upper abdominal pain and osteoarthritis.
Read more

Hany Babu gets temporary bail to undergo cataract surgery

16/12/2022

Scroll.in / by Scroll Staff

The Bombay High Court also allowed the former Delhi University professor to meet his close family members during his stay in the hospital.
The Bombay High Court on Friday granted a temporary bail to former Delhi University professor Hany Babu, one of the accused persons in the Elgar Parishad case, to undergo cataract surgery, PTI reported.
A bench of Justices Ajay Gadkari and Prakash Naik passed the order. They also directed the Superintendent of the Taloja Central Prison to transfer Babu to Mumbai’s Saifee Hospital by December 19, according to Live Law.
Read more

Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

SC extends interim order granting house arrest to Gautam Navlakha till second week of January

13/12/2022 Asha

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

14/12/2022

Bar & Bench / by Neha Joshi

The Bombay High Court on December 12 issued notice to the National Investigation Agency (NIA) in the regular bail plea filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case.
Navlakha moved the High Court after a special NIA court rejected his bail plea on September 5 this year.
A bench of Justices AS Gadkari and PD Naik sought the response of NIA and posted the matter for further consideration on January 9, 2023.
Read more

Supreme Court extends interim order granting house arrest to Gautam Navlakha

14/12/2022

The Leaflet / by Sarah Thanawala

The Court allowed its grant of house custody to extend till the second week of January.
ON Tuesday, 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, extended the grant of house custody until the second week of January.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967. During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court.
Read more

SC Extends House Arrest of Activist Gautam Navlakha Till Second Week of January

13/12/2022

The Wire / by The Wire Staff

The 70-year-old was named as an accused in the Elgar Parishad case by the National Investigation Agency, which has also arrested several activists, scholars and lawyers in connection with it.
The Supreme Court on Tuesday, December 13, extended till second week of January its interim order placing activist Gautam Navlakha under house arrest.
Read more

SC further extends activist Gautam Navlakha’s house arrest

13/12/2022

India Today / Maneesha Mathur

Human rights activist Gautam Navlakha’s house arrest has been extended till the second week of January. He is an accused in the Bhima Koregaon case.
The house arrest of human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case, has been extended till the second week of January. The matter was listed before the Supreme Court for interim orders.
Read more

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)

Activist Gautam Navlakha moves Bombay High Court seeking regular bail

12/12/2022 Asha

by Bar & Bench (Dec 13, 2022):
#SupremeCourt to hear plea by Bhima Koregaon accused Gautam Navlakha, in connection with the terms of his house arrest allowed by the top court.

Gautam Navlakha moves HC seeking regular bail

13/12/2022

Hindustan Times / by HT Correspondent

Civil rights activist Gautam Navlakha on Monday moved the Bombay high court seeking regular bail in the Elgar Parishad–Bhima Koregaon violence case.
Earlier, a special NIA court had on September 5 rejected the regular bail plea of the 70-year-old, who is presently under house arrest on medical grounds in Navi Mumbai.
Read more

Bombay High Court Issues Notice On Gautam Navlakha’s Bail Appeal In Bhima Koregaon case

12/12/2022

Live Law / by Amisha Shrivastava

Journalist and activist Gautam Navlakha, who is an accused in the Bhima Koregaon Elgar Parishad case, has approached the Bombay High Court in appeal against rejection of his bail application by the trial court.
The division bench of Justice AS Gadkari and Justice P. D. Naik on Monday issued notice to the NIA in the case.
Read more

Also read:
● Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)
● Supreme Court dismisses NIA’s application for vacating its order granting house arrest to Gautam Navlakha (The Leaflet / Nov 2022)
● Gautam Navlakha’s bail plea rejected by special NIA court (Scroll.in / Sep 2022)

Hany Babu moves Bombay High Court seeking interim medical bail

10/12/2022 Asha

Hany Babu moves Bombay High Court seeking interim medical bail

09/12/2022

Bar & Bench / by Neha Joshi

A division bench of Justices AS Gadkari and PD Naik asked NIA to check the reports annexed to Babu’s petition and posted the matter for hearing on December 13.
Delhi University professor Hany Babu has approached Bombay High Court seeking interim medical bail in the Bhima Koregaon case of 2018.
Babu who has spent over 2 years in judicial custody has sought release from custody for a cataract surgery, treatment of his upper abdominal pain and osteoarthritis in a private hospital in Mumbai and post treatment recuperation at his own expense.
Read more

Elgar Parishad case: Hany Babu seeks medical bail in HC

10/12/2022

Hindustan Times / by K A Y Dodhiya

56-year-old Babu, a professor of English Literature, spent over two years in judicial custody. He has sought his release for cataract surgery, treatment of his upper abdominal pain and osteoarthritis in a private hospital in the city and post-treatment recuperation at his own expense.
Former Delhi University professor Hany Babu, who is currently lodged in Taloja jail, has approached the Bombay high court (HC) seeking interim medical bail in the Elgar Parishad case.
Read more

Also read:
● Bombay HC Denies Bail to Hany Babu in Elgar Parishad Case, Upholds Trial Court Verdict (The Wire / Sep 2022)
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)