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Category: Case Update

Bombay High Court reserves order in bail plea filed by Anand Teltumbde

Bombay High Court reserves order in bail plea filed by Anand Teltumbde

Anand Teltmumbde

Times of India / by Swati Deshpande

Bombay high court bench of Justices Ajay Gadkari and M N Jadhav on Friday reserved for orders a bail application filed by Anand Teltumbde, 73, former management professor accused of alleged Maoist links and under the stringent anti-terror law—UAPA-, in the 2018 Elgar Parishad case from Pune.
Teltumbde’s plea on merits filed last year argues that he was never present at the December 31, 2017 Elgar Parishad event nor made any provocative speeches.
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Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

Gautam Navlakha

by Bar & Bench (Nov 10, 2022):
#BREAKING Supreme Court allows Gautam Navlakha plea for house arrest instead of being lodged in jail.
Bench led by Justice KM Joseph permits house arrest for a month subject to conditions.


Supreme Court allows Gautam Navlakha’s plea seeking house arrest

10/11/2022

The Leaflet / by Sarah Thanawala

On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, allowed the plea to place the petitioner, Gautam Navlakha, under house arrest for a period of one month subject to stringent restrictions and conditions.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). 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. The petitioner, in custody since April 2020, stands accused along with 15 others. He is currently lodged at Taloja jail in Mumbai, awaiting trial.
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Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

10/11/2022

Bar & Bench / by Abhimanyu Hazarika

The Court directed that Navlakha shall not be permitted to use computer, internet or any other communication device while under house arrest.
The Supreme Court on Thursday allowed a plea filed by Bhima Koregaon accused Gautam Navlakha to be shifted from jail to house arrest for a month.
Navlakha has to deposit an amount of ₹2.4 lakh as expenses for his security cover when he is under house arrest, a bench of Justices KM Joseph and Hrishikesh Roy ordered.
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Supreme Court Allows Transfer Of Bhima Koregaon Accused Gautam Navlakha To House Arrest For One Month, Imposes Conditions

10/11/2022

Live Law / by Livelaw News Network

The Supreme Court has ordered that 73-year-old human rights activist Gautam Navlakha, who is in custody in connection with the Bhima Koregaon case, be transferred to house arrest within 48 hours on account of his medical condition. The order is interim in nature and will be reviewed after one month.
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Supreme Court Allows Transfer Of Gautam Navlakha To House Arrest For One Month [VIDEO]

Live Law / by Aaratrika Bhaumik


en | 5:37min | 2022
Watch video


SC allows Gautam Navlakha to be under house arrest

10/11/2022

Scroll.in / by Scroll Staff

The 70-year-old activist had cited ill health and poor facilities in prison as the reasons behind his transfer from Taloja Jail.
The Supreme Court on Thursday allowed jailed activist Gautam Navlakha to be under house arrest for a month, Live Law reported. Navlakha had filed a plea seeking to be shifted from jail on grounds of ill health and poor facilities in prison.
A bench headed by Justice KM Joseph ordered jail authorities to carry out the necessary evaluation of the premises where Navlakha will be kept and directed them to shift him within 48 hours.
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Live Thread: #SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest

10/11/2022

By Bar & Bench – Live Threads

#SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest.
ASG SV Raju: There’s a twist in the tale. We have reason to believe that the medical report is tainted. The doctor at Jaslok hospital is his sister’s husband.
Adv: That was never a secret.
ASG: That doctor has a senior position. Please see the medical report. We are investigating.
Justice Roy: You are trying to make an argument of prejudice, his was one of many specialists’ opinions. If one of them is related will it make the report biased? Please be responsible with your arguments.

SC: you can deposit 2,40,000 and then have it refunded if you are acquitted.
Sibal: But my lords, that deposit will then keep increasing.
But we will deposit.

Order: We would this think that he should be allowed to be placed for house arrest for a period of one month.

Read full thread


Gautam Navlakha gets Supreme Court relief, to be shifted to house arrest

10/11/2022

The Indian Express / by Express Web Desk

Earlier, the NIA opposed Gautam Navlakha’s plea to be shifted to house arrest, claiming that he is “in touch with Kashmiri extremists” and Pakistani intelligence agency “ISI”.
The Supreme Court Thursday allowed Bhima Koregaon violence case accused Gautam Navlakha to be shifted to house arrest.
In its order, the bench noted, “We consider it appropriate to grant house arrest given his age. Still further, our attention is drawn to the multiple medical problems the petitioner is faced with, and that charges have not been framed in a trial that will not happen in the foreseeable future.”
Read more


Also read:
Who is Gautam Navlakha, soon to be under house arrest after Supreme Court relief? (The Indian Express / Nov 2022)
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

We Are Considering To Send Him On House Arrest: Supreme Court To NIA In Gautam Navlakha’s Plea

We Are Considering To Send Him On House Arrest: Supreme Court To NIA In Gautam Navlakha’s Plea

Gautam Navlakha

‘We Are Considering To Send Him On House Arrest, Tell Us What Are The Conditions To Be Imposed’? Supreme Court To NIA In Gautam Navlakha’s Plea

09/11/2022

Live Law / by Livelaw News Network

The Supreme Court is likely to pronounce tomorrow the order on the application moved by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest on account of his medical condition.
“This Court has considered house arrest as a form of custody… All kinds of restrictions. We will try out. He’s not in the best of health,” the Top Court said after an hour-long hearing.
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The corrupt destroy the country, Supreme Court counters government in Gautam Navlakha case

09/11/2022

The Hindu / by Krishnadas Rajagopal

Additional Solicitor General S.V. Raju had said that people like activist Navlakha want to destroy the country
A Supreme Court Bench stated on November 9 that it is corrupt who destroy the country, in a sharp response to the government’s claim that people like activist Gautam Navlakha, who is charged under UAPA in the Bhima Koregaon case for alleged Maoist links, “want to destroy the country and their ideology is that type”.
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SC Says It May Put Gautam Navlakha Under House Arrest

09/11/2022

The Wire / by The Wire Staff

The top court asked the National Investigation Agency to inform it about the kind of restrictions that should be enforced while the activist is under house arrest.
The Supreme Court on Wednesday indicated that it may place activist Gautam Navlakha, arrested in the Elgar Parishad case, under house arrest, asking the National Investigation Agency (NIA) to inform it about the kind of restrictions that should be enforced.
The top court asked additional solicitor general (ASG) S.V. Raju, appearing for the NIA, to seek instructions and inform it.
Read more


#SupremeCourt hearing plea by activist Gautam Navlakha

Thread by Bar & Bench – Live Threads (Nov 9, 2022:)

#SupremeCourt hearing plea by activist Gautam Navlakha, accused in #BhimaKoregaon case, seeking house arrest

Sr Adv Kapil Sibal: Medical reports show he cannot receive the treatment needed in jail. [Reads from reports]

ASG SV Raju: Only got them today. Will need time to examine. Sibal continues reading

Read full thread


by The Times of India (Nov 9, 2022):
SC asks NIA to brief the court tomorrow on what kind of restrictions it wanted for social activist Gautam Navlakha if he is allowed to come out of jail and be kept under house arrest


Also read:
Supreme Court directs parties to inspect Gautam Navlakha’s medical reports (The Leaflet / Oct 2022)

Supreme Court to hear on Nov 9 Navlakha’s plea seeking house arrest

Supreme Court to hear on Nov 9 Navlakha’s plea seeking house arrest

Gautam Navlakha

Supreme Court directs parties to inspect Gautam Navlakha’s medical reports

21/10/2022

The Leaflet / by The Leaflet

As the Supreme Court is set to hear Navlakha’s plea for house arrest to facilitate his medical treatment, his latest medical reports assume significance.
ON Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, permitted the parties to inspect Navlakha’s medical reports sent by Jaslok Hospital, where he was taken for urgent medical examinations.
Seventy-year old journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967, and is awaiting trial.
Read more


SC allows NIA to inspect health reports of activist Gautam Navlakha

21/10/2022

Scroll.in / by Scroll Staff

The court had ordered the authorities to admit the activist to a hospital while hearing his plea to be placed under house arrest.
The Supreme Court on Friday allowed the National Investigation Agency and other parties to the Bhima Koregaon case to inspect the health reports of activist Gautam Navlakha, reported Live Law.
The Supreme Court is hearing the activist’s petition seeking to to be placed under house arrest. Navlakha has cited his ill health and poor facilities at the Taloja Jail as reasons for his demand.
… The court adjourned the matter till November 9.
Read more


Supreme Court Allows Parties To Inspect Hospital Reports On Bhima Koregaon Case Accused Gautam Navlakha’s Health Status

21/10/2022

Live Law / by Rintu Mariam Biju

The Supreme Court of India on Friday allowed the parties to inspect the reports filed by the hospital regarding Bhima Koregaon case accused, Gautam Navlakha’s health status.
On September 29, the Supreme Court had directed for Navlakha to be taken to a hospital of choice for a thorough medical check-up after Senior Advocate Kapil Sibal argued that he had many health complications. The Hospital was also asked to submit a report to the Court based on the check-up.
A Bench of Justices KM Joseph and Hrishikesh Roy was considering a petition moved by Navlakha seeking transfer to house arrest.
Read more


SC to hear on Nov 9 Navlakha’s plea seeking house arrest

21/10/2022

The Indian Express / by Express News Service

Navlakha, who was lodged in Taloja jail, had approached the SC challenging the Bombay High Court decision rejecting the prayer to place him under house arrest.
Deferring the hearing to November 9 on a plea by Gautam Navlakha, who is behind bars under the Unlawful Activities Prevention Act (UAPA) in the Bhima Koregaon case, seeking house arrest, the Supreme Court on Friday allowed the parties to inspect his medical reports submitted by the Jaslok Hospital where he was taken for a medical check-up.
Read more


Also read:
Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)

Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court [read order]

Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court [read order]

Kabir Kala Manch Incited Hatred By Ridiculing Phrases Acche Din, Demonetization In Plays: Bombay HC [read order]

18/10/2022

Live Law / by Sharmeen Hakim

Text ridiculing phrases like ‘Ram Mandir’ and ‘Acche Din’ aimed at the democratically elected government in Kabir Kala Manch’s plays at the Elgar Parishad event in 2017 incited hatred & passion and indicate a larger conspiracy, the Bombay High Court has held.
In its detailed order refusing bail to accused Jyoti Jagtap under UAPA, the HC also took exception to the mention of ‘gomutra,’ ‘calling the PM an ‘infant,’ ‘sanatan dharma,’ ‘atrocities of peshwas towards dalits’ and ‘atrocities of dalits in today’s India’ etc.
Read more


Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court

17/10/2022

India Today / by Vidya

Jyoti Jagtap was an active member of the KKM which, during its stage play at the Elgar Parishad conclave on December 31, 2017, gave not only “aggressive but highly provocative slogans”, the court said.
The Kabir Kala Manch (KKM) admittedly performed and incited hatred by performing on an agenda in the Elgar Parishad event, the judgment passed by the division bench of Justices AS Gadkari and MN Jadhav of the Bombay High Court observed while rejecting the bail plea of one of the accused, Jyoti Jagtap.
Read more


Also read:
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)

Bombay High Court rejects bail petition of Kabir Kala Manch activist Jyoti Jagtap

Bombay High Court rejects bail petition of Kabir Kala Manch activist Jyoti Jagtap

Bombay HC rejects activist Jyoti Jagtap’s bail petition

17/10/2022

Scroll.in / by Scroll Staff

A bench comprising Justices Ajay Gadkari and Milind Jadhav observed that the case filed against her by the National Investigation Agency was prima facie true.
The Bombay High Court on Tuesday rejected a bail application filed by activist Jyoti Jagtap, one of the accused persons in the Bhima Koregaon case, Bar and Bench reported.
Jagtap, who is a member of cultural organisation Kabir Kala Manch, has been in prison since September 2020. On Monday, a bench of Justices Ajay Gadkari and Milind Jadhav rejecting her bail plea, observing that the case filed against her by the National Investigation Agency was prima facie true.
Read more


Bombay High Court rejects bail plea of Jyoti Jagtap

17/10/2022

Bar & Bench / by Neha Joshi

A bench of Justices AS Gadkari and Milind Jadhav observed that the NIA case was prima facie true and considering the material against Jagtap, the appeal challenging rejection of bail by Special Court stood dismissed.
The Bombay High Court on Tuesday rejected the regular bail application filed by Jyoti Jagtap, one of the youngest accused in the Bhima Koregaon case of 2018.
Jagtap, allegedly part of the banned performance group by the name Kabir Kala Manch (KKM), had approached the High Court in appeal after a Special Court under the National Investigation Act (NIA) had rejected her bail application on February 14 this year
The high court bench of Justice AS Gadkari and Milind Jadhav, hwoever, rejected the appeal today.
Read more


Bombay High Court Denies Bail to Jyoti Jagtap

17/10/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday denied bail to Jyoti Jagtap, an accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror Unlawful Activities (Prevention) Act (UAPA).
Jagtap, 32, is allegedly a member of Kabir Kala Manch — a cultural group branded as a front organisation of the banned CPI (Maoist). She was arrested by the NIA in September, 2020.
According to NIA, Jagtap and others organised the Elgar Parishad on December 31, 2017 that led to violence the following day.
Read more


Also watch:
Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

After 5 benches recuse, Rona Wilson seeks suitable HC bench

After 5 benches recuse, Rona Wilson seeks suitable HC bench

After 5 benches recuse, Elgaar case accused seeks suitable HC bench

30/09/2022

The Indian Express / by Sadaf Modak

Wilson had, in February 2021, moved a petition before the high court citing the report of a US-based digital consultant which said that his computer was ‘infected with malware’ planted two years before his arrest in 2018. The last effective hearing before the high court on Wilson’s petition was on August 4, 2021.
Activist Rona Wilson, an accused in the Elgaar Parishad case, on Thursday told a special court that he has written to the Chief Justice of Bombay High Court seeking a suitable bench to hear and dispose of a petition filed by him in a time-bound manner, as five benches have, so far, recused themselves from hearings on the case.
Read more


Rona Wilson writes to high court CJ for early hearing of discharge plea

30/09/2022

Hindustan Times / by Charul Shah

Rona Wilson, an accused in the Elgar Parishad-Bhima Koregaon violence case, has requested the Chief Justice of Bombay high court to expedite the hearing of his discharge plea based on the report by an American digital consultancy firm.
He had approached the high court in February last year to quash the case against him and to issue directions for setting up a special investigation team headed by a retired supreme court or high court judge to conduct a forensic analysis of the electronic evidence the police claimed to have collected against the accused.
Read more


Also read:
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
In Bhima-Koregaon Case, More Damning Signs of Planted Evidence (article14 / March 2021)

Supreme Court Directs To Take Gautam Navlakha To Hospital Immediately

Supreme Court Directs To Take Gautam Navlakha To Hospital Immediately

Gautam Navlakha

Supreme Court declines Gautam Navlakha’s plea for house arrest, directs immediate medical treatment

29/09/2022

The Leaflet / by Sarah Thanawala

On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, denied petitioner Gautam Navlakha’s plea to transfer him from Taloja Central Jail, where he is currently lodged, and place him in house arrest for two weeks to enable him to undergo colonoscopy. The court, however, passed an urgent order directing Navlakha to be immediately taken for a thorough medical treatment.
Read more


Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities

29/09/2022

Live Law / by Rintu Mariam Biju

While considering the petition filed by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest, the Supreme Court on Thursday directed that he be taken to a hospital of his choice immediately for a thorough medical check-up.
The Court will consider his plea next on October 21. The hospital has been asked to submit a report to the Court based on the check-up.
Read more


Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities

29/09/2022

Scroll.in. / by Scroll Staff

The court initially read an order allowing the activist to be put under house arrest, but revised it after Solicitor General Tushar Mehta opposed the judgement.
The Supreme Court on Thursday directed the Taloja jail authorities to admit activist Gautam Navlakha to a hospital for medical check up and treatment, reported Live Law. The court said he will remain under police custody during his treatment.
Read more

Day to day hearing of discharge applications in Bhima Koregaon – Elgar Parishad case begins

Day to day hearing of discharge applications in Bhima Koregaon – Elgar Parishad case begins

Day to day hearing of discharge applications in Elgar Parishad case begins

28/09/2022

India Today / by Vidya

A special National Investigation Agency court in Mumbai began a day-to-day hearing of four discharge applications filed by the Elgar Parishad.
Highlights
▪ Mumbai’s special National Investigation Agency court began a day-to-day hearing in Elgar Parishad case
▪ The court to hear four discharge applications filed by the accused
▪ Three more discharge applications were filed on Tuesday
… Procedurally, courts hear the discharge applications, and if it finds no material against the accused in the charge sheet filed by the investigators, it discharges the accused.
However, if the court finds substantial evidence, the discharge plea gets rejected, and a full-fledged trial ensues.
Read more


Bhima Koregaon case trial process begins over four years after case was registered

28/09/2022

Scroll.in / by Scroll Staff

An NIA court started hearing a discharge plea filed by Sudhir Dhawale, one of the accused persons.
A Mumbai court on Tuesday started hearing the first of the seven discharge applications filed by accused persons in the Bhima Koregaon case, Bar and Bench reported. The hearing marks the beginning of the trial process in the case four years after it was filed in 2018.
The development came after the Supreme Court, on August 19, ordered a National Investigation Agency court to decide on framing charges against the accused persons within three months.
Read more


Mumbai Court begins hearing discharge applications of accused

28/09/2022

Bar & Bench / by Neha Joshi

The Court also rejected an application filed by octogenarian P Varavara Rao seeking permission to live in Hyderabad for 3 months in order to conduct cataract surgery.
A Mumbai court on Tuesday began hearing the first of the seven discharge applications filed by the accused in the Bhima Koregaon case of 2018.
The hearing on discharge is the first step towards framing of charges, thus, kick-starting the trial in the case which has been pending in the pre-trial stage since 2018.
This development comes in compliance with the directions of the Supreme Court in August asking the special court to decide on framing of charges within 3 months.
Read more


Three more accused, including activist Navlakha, seek discharge in Elgar case

27/09/2022

The New Indian Express / by pti

While Navlakha and Babu are currently in jail under judicial custody, Bharadwaj is out on bail.
Activists Gautam Navlakha, Sudha Bharadwaj and Delhi University professor Hany Babu, all accused in the Elgar Parishad-Maoist links case, on Tuesday moved discharge applications before the special National Investigation Agency (NIA) court here …
Meanwhile, the court on Tuesday heard the arguments on the discharge plea of another accused, Sudhir Dhawale. The arguments will continue on Wednesday …
The discharge pleas of some other accused – Jyoti Jagtap, Anand Teltumbde and Mahesh Raut – were also pending before the court.
Read more

SC Seeks Responses On Gautam Navalkha’s Plea For House Arrest / Setalvad’s Personal Plea

SC Seeks Responses On Gautam Navalkha’s Plea For House Arrest / Setalvad’s Personal Plea

Live Law / by Rintu Mariam Biju

The Supreme Court of India on Tuesday sought the responses of the National Investigation Agency and State of Maharashtra in a petition moved by Gautam Navalkha seeking to be placed in house arrest instead of Taloja jail in connection with the Bhima Koregaon case.
A bench comprising Justices KM Joseph and Hrishikesh Roy, while considering the matter, asked the counsel appearing for the petitioner to brief them on the present plea.
… The matter will be next taken up on September 29
Read more


A Home Behind Bars: Teesta Setalvad’s Personal Plea for ‘House Arrest’ for Political Prisoners

28/09/2022

The Wire / by Teesta Setalvad

The activist-writer, herself incarcerated for 63 days this June-September, makes a strong plea for the recognition of political prisoners and the option of house arrest – if at all, they deserve incarceration.
The prison, it is famously said, holds a mirror to society. The conditions within prisons, to stretch this analogy further, reflect the quality of any democracy. By that yardstick, India needs a hard and harsh soul-search. Not only has our collapsing criminal justice system ensured a mockery of reasonably speedy trials but tardy and often skewed (if not biased) investigations and prosecutions have ensured that undertrials languish unforgotten in our jails, for decades.
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