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
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. Read more
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
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). Read more
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
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
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
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
By Bar & Bench (March 30):
Bench of Justice Revati Mohite Dere of Bombay High Court recuses from hearing default bail pleas of Bhima Koregoan accused Mahesh Raut and 3 others.
Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, others
30/03/2023
India Legal / by India Legal
Justice Revati Mohite Dere of Bombay High Court on Thursday recused herself from hearing the default bail petitions of Mahesh Raut and three others, who were arrested for their alleged involvement in the Elgar Parishad Maoists links case of 2018.
Earlier on March 1, the High Court had issued notice to the National Investigation Agency (NIA) on the default bail plea of Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson, who were arrested on June 6, 2018 under the Unlawful Activities (Prevention) Act. Read more
Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira
04/03/2023
The Leaflet / by Sarah Thanawala
Senior advocate Rebecca M. John, representing Gonsalves, highlighted the commonality between Dr. Teltumbde’s grant of bail by the Bombay high court last year and the evidence in the present case to draw the claim of parity with the high court’s bail order.
On Friday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, reserved its judgment on the bail applications of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas. Read more
Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira
03/03/2023
Live Law / by Awstika Das
The Supreme Court on Friday reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967…
Gonsalves and Ferreira have approached the Supreme Court against a December 2021 order by which the Bombay High Court denied them default bail, even as the same benefit was granted to another co-accused, Sudha Bharadwaj. Even though this order was questioned in a subsequent review petition preferred by the two petitioners, the high court, in May of last year, refused to grant them relief. Read more
Supreme Court reserves verdict on bail pleas of Vernon Gonsalves, Arun Ferreira
03/03/2023
Bar & Bench / by Abhimanyu Hazarika
The NIA opposed the bail plea stating that long period in custody cannot be a ground to show leniency to terror-accused.
The Supreme Court on Friday reserved its verdict on the bail applications filed by two accused in the Bhima Koregaon case, Vernon Gonsalves and Arun Ferreira [Vernon vs State of Maharashtra and anr].
A bench of Justices Aniruddha Bose and Sudhanshu Dhulia concluded hearing arguments today, and reserved its order. Read more
Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing
03/03/2023
Sabrang / by Sabrangindia
… Today, in 2023, the Bombay High Court has ordered the case to be heard expeditiously. However, it has been years since the Bhima Koregaon accused have had their freedom stripped from them. There is every probability that the said special court will reject Navlakha’s bail plea again, and then an appeal will again be filed in the upper constitutional courts. Why then, keeping in view the pattern of misuse of the criminal justice system with the aim of harassing human rights defenders, could the High Court not take up the case themselves at this stage itself? Read more
Bombay High Court directs special NIA court to rehear Gautam Navlakha’s bail plea for want of analysis
03/03/2023
The Leaflet / by Sarah Thanawala
The bench directed the special court to conclude the hearing within four weeks.
On Thursday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, refused to grant regular bail to Gautam Navlakha and directed the special court under National Investigation Agency (NIA) Act to rehear the bail plea for its reconsideration. The bench quashed the special court’s order dated September 5, 2022 that rejected the grant of regular bail to Navlakha. Read more
Bombay High Court quashes NIA court order rejecting bail to Gautam Navlakha; directs rehearing
02/03/2023
Bar & Bench / by Neha Joshi
The High Court opined that the reasoning in the lower court order was very cryptic and did not have analysis of the evidence relied upon by prosecution.
The Bombay High Court on Thursday quashed an order by the special court under the National Investigation Agency (NIA) Act rejecting bail to Bhima Koregaon accused Gautam Navlakha and directed the special judge to rehear the bail plea [Gautam Navlakha v. National Investigation Agency & Ors.]. Read more
Pen mightier than sword but won’t strike terror: Counsel for Gautam Navlaka seeking bail in Bombay High Court
02/03/2023
The Leaflet / by Sarah Thanawala
Advocate Yug M. Chaudhary, appearing for Navlakha, challenged Navlakha’s connection with the alleged terrorist acts.
ON Wednesday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, continued hearing the regular bail application of Gautam Navlakha. Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad Maoist links/criminal conspiracy case, is charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA). Read more
Bombay High Court Sets Aside Special Court’s “Cryptic” Order Refusing Bail To Gautam Navlakha, Directs To Decide Afresh
02/03/2023
Live Law / by Amisha Shrivastava
Observing that the trial court gave cryptic reasoning while refusing Bhima Koregaon accused Gautam Navlakha’s bail plea, the Bombay High Court on Thursday directed the Special NIA Court to hear and decide the case afresh.
The division bench of Justice AS Gadkari and Justice PD Naik set aside the Special NIA Court’s order rejecting Navlakha’s bail plea. Read more Read/Download Impugned Order
Bhima Koregaon 2018. Graphic by Arun Ferreira & Vernon Gonsalves
Supreme Court continues hearing the bail pleas of Vernon Gonsalves and Arun Ferreira
02/03/2023
The Leaflet / by Sarah Thanawala
Additional Solicitor General K.M. Nataraj, representing the National Investigation Agency, alleges involvement of Gonsalves and Ferreira in alleged terrorist acts through letters and documents.
On Wednesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, continued hearing arguments on behalf of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas. Read more
‘Show Us Where They Asked People To Pick Up Guns’, Supreme Court Tells NIA In Bail Pleas Of Accused
02/03/2023
Live Law / by Astika Das
Show us where the Bhima Koregaon-accused Vernon Gonsalves and Arun Ferreira encouraged others they allegedly ‘recruited’ to pick up arms against the the government, the Supreme Court told the National Investigation Agency on Wednesday. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967.
… After hearing the submissions of senior advocates Rebecca John (for Gonsalves), R. Basant (for Ferreira), and the additional solicitor-general, the bench decided to adjourn the hearing till Friday, March 3. Read more
Delay In Starting Trial Not Due To Us, NIA Tells Supreme Court
01/03/2023
Live Law / by Awstika Das
The National Investigation Agency told the Supreme Court on Wednesday that the delay in the trial of the Bhima Koregaon accused could not be attributed to them. Additional Solicitor General for India K.M. Nataraj told the court.
… Notably, the trial in this high-profile case has not yet begun. Senior advocates Rebecca John (for Gonsalves) and R. Basant (for Ferreira) have both pointed out that even charges have not been framed yet, despite the passage of almost five years… In this connection, also relevant are Basant’s remarks on the delay in the process. He pointed out, “They intend to examine a total of 336 witnesses and go through 2,105 documents. Several accused persons have not yet been apprehended.” Read more
Bombay High Court seeks NIA response to plea by 4 accused for default bail
01/03/2023
Bar & Bench / by Neha Joshi
The four accused have challenged an order of a special NIA court rejecting their default bail pleas. They sought parity with Sudha Bharadwaj, a co-accused who was granted default bail by the High Court in 2021.
The Bombay High Court on Wednesday issued notice to the National Investigation Agency (NIA) on a plea for default bail filed by four persons accused in the Bhima Koregaon case [Mahesh Raut & 4 others v. National Investigation Agency]. Read more
4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj
02/03/2023
India Today / by Vidya
Four accused in the Elgar Parishad case sought bail in the Bombay High Court on parity with Sudha Bharadwaj, who was granted default bail in 2021 in the same case.
The Bombay High Court has issued notice to the National Investigation Agency (NIA) and sought a reply to the bail petition of four Elgar Parishad accused – Mahesh Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson. Read more
