Case Update – Page 17 – free them all

Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in case

26/09/2022 Asha

Allowing Varavara Rao to travel will delay framing of charges, says NIA court

27/09/2022

Scroll.in / by Scroll Staff

The 83-year-old activist had told the judge that he has cataracts in both eyes and the condition requires surgery.
Framing of charges in the Elgar Parishad case will get delayed if Varavara Rao is allowed to travel to Hyderabad for cataract surgery, a National Investigation Agency court has said while denying permission to the activist, Live Law reported.
Rao was denied permission to travel by the court on Friday. A detailed order was made available on Monday.
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Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court

26/09/2022

Live Law / by Live Law News Network

Observing that framing of charges in the 2018 Bhima Koregaon-Elgar Parishad caste violence case will get delayed, the Special Court last week rejected poet-accused Varavara Rao’s application to undergo cataract treatment in Hyderabad.
Special Judge Rajesh Katariya cited the recent SC judgement granting Rao bail in which it was said that a decision on framing of charges must be taken within three months.
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Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in Elgar Parishad case

26/09/2022

India Toda / by Vidya

The NIA opposed the application, saying the treatment sought by Rao was available in Mumbai and that he was only seeking to nullify the SC’s terms for granting him medical bail.
A special NIA court in Mumbai has rejected the request of Telugu poet and Elgar Parishad accused Varavara Rao to go to Hyderabad for three months to undergo cataract surgery. The court said it had to frame charges against the accused within the next three months and so rejected the request.
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Also read:
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

Court rejects Varavara Rao’s plea for short stay in Hyderabad for cataract surgery

23/09/2022 Asha

Court rejects Varavara Rao’s plea for short stay in Hyderabad for cataract surgery

24/09/2022

Hindustan Times / by Charul Shah

The special National Investigation Agency (NIA) court on Friday rejected the plea of Telugu poet Varavara Rao, an accused in the Elgar Parishad – Bhima Koregaon violence case, seeking permission for a short stay in Hyderabad for undergoing cataract surgery.
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Court Rejects Varavara Rao’s Plea To Go To Hyderabad For Eye Surgery

23/09/2022

Outlook India / by pti

A special National Investigation Agency (NIA) court in Mumbai on Friday rejected the plea of poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, seeking permission to travel to Hyderabad for cataract surgery.
The Supreme Court had, in August, granted medical bail to the 82-year-old activist, with his bail conditions being set by the special NIA court presiding over the case.
Read more

Also read:
● Varavara Rao told to remain in Mumbai, not to make statement on case to media (The Indian Express / Aug 2022)
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case (The Leaflet / Aug 2022)

Bombay High Court Refuses Bail To DU Professor Hany Babu [read judgment]

19/09/2022 Asha

Bombay HC rejects Hany Babu’s bail plea: ‘Prime facie conspired and abetted terrorist act’

20/09/2022

The Indian Express / Omkar Gokhale

Babu was arrested by the NIA in 2020 for being “actively involved” with banned CPI (Maoist) and booked under charges, including criminal conspiracy and under the Unlawful Activities (Prevention) Act.
The Bombay High Court Monday turned down an appeal filed by Elgaar Parishad case accused and former Delhi University associate professor Hany Babu, challenging the rejection of his bail plea by a special NIA court. The court had concluded the hearing on Babu’s plea on August 29 before reserving its verdict.
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Bombay High Court Refuses Bail To DU Professor Hany Babu In Elgar Parishad Case [read judgment]

19/09/2022

Live Law / by Sharmeen Hakim

Delhi University Professor Hany Babu mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook, the Bombay High Court said in its order refusing him bail.
Prof Babu was arrested by the National Investigating Agency on July 28, 2020 in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
he court relied on a “Secrecy Handbook” allegedly recovered from Babu on setting up a secret network and avoiding surveillance, which explicitly states that “if one comrade is arrested, other comrades must do everything to help…by providing legal representation, publicity and organising protest.”
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Bombay HC refuses bail to DU professor Hany Babu

19/09/2022

Bar & Bench / by Neha Joshi

A bench of Justices Nitin Jamdar and NR Borkar rendered the verdict today in an appeal filed by Babu challenging an order of the Special National Investigation Agency (NIA) Court rejecting his bail application.
The Bombay High Court on Monday rejected the regular bail application filed by Delhi University professor Hany Babu, one of the accused in the Bhima Koregaon riots case of 2018.
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Bombay HC Denies Bail to Hany Babu in Elgar Parishad Case, Upholds Trial Court Verdict

19/09/2022

The Wire / by The Wire Staff

The National Investigation Agency has accused Babu of being a “co-conspirator” in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist).
Bombay high court on Monday, September 19, rejected the bail plea filed by Delhi University’s associate professor Hany Babu, who is an accused in the Elgar Parishad-Maoist links case.
A division bench of Justices N. M. Jamdar and N.R. Borkar upheld the earlier ruling of a special National Investigation Agency (NIA) court, which had denied him bail.
Read more

Also read:
● Profile of Hanybabu Musaliyarveetil Tharayil – Associate Professor of linguistics at Delhi University, anti-caste scholar and social activist arrested in the Bhima Koregaon case. (By Prisoners of Sconscience India)
● The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)

Court directs NIA to remain present for report on cloned copies

18/09/2022 Asha

The Indian Express / by Sadaf Modak

Citing the Supreme Court direction to decide on framing of charges and discharge pleas of the accused within three months, the court also said it will begin hearing the discharge applications of four accused from next week.
The special court hearing the Elgaar Parishad case directed an officer of the National Investigation Agency (NIA) to remain present before it for a report on the pending issue of providing cloned copies of electronic devices to all the accused.
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Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

17/09/2022 Asha

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

17/09/2022

Scroll.in / by Scroll Staff

Susan Abraham said the counsel sought access to his medical records and asked the authorities to not discharge the activist from the hospital prematurely.
Activist Vernon Gonsalves’ wife on Monday said that he is recovering at the state-run JJ Hospital in Mumbai and they are not pressing for his medical bail at the moment.
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Vernon Gonsalves bail plea to be heard on September 16

14/09/2022

The Hindu / by Special Correspondent

He was admitted to the hospital on September 8 and is currently undergoing treatment for dengue.
The National Investigation Agency (NIA) court will hear activist Vernon Gonsalves’s bail on September 16 as he continues to be on oxygen support at the State-run J.J. hospital.
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Court seeks Vernon Gonsalves’s medical report from JJ Hospital

14/09/2022

The Times of India / by TNN

A special trial court on Tuesday called for a report on an affidvait from state-run J J Hospital on the health condition of Elgar Parishad case accused Vernon Gonsalves who was admitted there last week after being diagnosed with dengue.
Read more

Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’ (Counterview / Sep 2022)

Mumbai Court rejects regular bail plea of Gautam Navlakha [read order]

05/09/2022 Asha

Documents seized from Gautam Navlakha show link between him and Elgar Parishad case: NIA court

07/09/2022

Times of India / by Rebecca Samervel

In a detailed order denying bail to activist Gautam Navlakha (69) in the Elgar Parishad case, the special NIA court said the documents alleged to have been seized from his possession showed a nexus between him with the case.
In the five-page order, special judge Rajesh J Katariya said it was contended by the National Investigation Agency (NIA) that Navlakha was found in possession of incriminating documents related to CPI (Maoist).
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Offence serious, ample evidence: Court rejects bail plea of activist in Elgar Parishad case

07/09/2022

India Today / by Vidya

A special National Investigation Agency (NIA) court rejected the bail application of journalist-activist Gautam Navlakha, arrested in April 2020, in connection with the Elgar Parishad case.
… Special Public Prosecutor Prakash Shetty and advocate Vishal Goutham had submitted that “Navlakha is a member of CPI (Maoist) and he was in possession of incriminating documents related to CPI (Maoist), accessible exclusively to party members. He was actively involved in the activities of ‘Coordination of Democratic Rights Organisation (CDRO) and used to receive group emails.”
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Mumbai Court rejects regular bail plea of Gautam Navlakha [read order]

05/09/2022

Bar & Bench / by Neha Joshi

A Mumbai Court today rejected the regular bail application filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case.
Navlakha, who is human rights activist and former secretary of People’s Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.
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Bhima Koregaon case: Gautam Navlakha’s bail plea rejected by special NIA court

05/09/2022

Scroll.in / by Scroll Staff

The 71-year-old activist was arrested on August 28, 2018 for his alleged involvement in the case.
A special National Investigation Agency court on Monday rejected a bail application filed by activist Gautam Navlakha in the Bhima Koregaon case, PTI reported.
Special Judge Rajesh J Katariya rejected his plea. The detailed order has not been made public yet.
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Special NIA Court Rejects Gautam Navlakha’s Bail Plea

05/09/2022

The Wire / by The Wire Staff

The 70-year-old activist has additionally appealed to the Supreme Court against a Bombay HC order dismissing his plea to allow him to be in house arrest instead of at Taloja prison.
A special NIA court in Mumbai on Monday, September 5, rejected the bail plea of activist Gautam Navlakha, in jail since 2018 over what the agency believes is his connection with the Elgar Parishad case.
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NIA wants to use witness statements from Elgar Parishad in Gadchiroli blast case

02/09/2022 Asha

NIA wants to use witness statements from Elgar Parishad in Gadchiroli blast case

02/09/2022

Hindustan Times / by Charol Shah

The National Investigation Agency (NIA) has claimed that Rona Wilson, an accused in the Elgar Parishad case, met with an accused who is wanted in the deaths of 15 police personnel in the Jamburkheda blast in Gadchiroli.
The National Investigation Agency (NIA) has claimed that Rona Wilson, an accused in the Elgar Parishad case, met with an accused who is wanted in the deaths of 15 police personnel in the Jamburkheda blast in Gadchiroli.
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Mumbai court allows NIA to file evidence from Elgar Parishad probe in Gadchiroli blast case

02/09/2022

Scroll.in / by Scroll Staff

The judge allowed the agency to produce the statements of two witnesses and a photo identification panchnama.
… The National Investigation Agency, in an application before Special Judge Rajesh Kataria, said that some evidence needed to be brought on record in the Gadchiroli attack case. The court allowed the agency to produce the statements of two witnesses and a photo identification panchnama, according to The Times of India.
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Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

31/08/2022 Asha

NIA opposes bail plea of Elgar Parishad accused Jyoti Jagtap, says she received arms training

31/08/2022

India Today / by Vidya

The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Jyoti Jagtap who is an accused in the Elgar Parishad case.
The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Kabir Kala Manch (KKM) member Jyoti Jagtap, who is accused in the 2018 Elgar Parishad case. Jagtap was arrested on September 8, 2020 and a charge sheet was filed against her on October 9, 2020.
… A division bench of the High Court will hear the plea on September 13.
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Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

30/08/2022

The Indian Express / by Express News Service

In the plea filed through advocate Kritika Agarwal, Jagtap said she is innocent and has been falsely implicated in the case. Jagtap said the special court erred in concluding that a prima facie case existed against her.
An accused in the Elgaar Parishad case, Jyoti Jagtap, recently approached the Bombay High Court challenging an order of a special court that denied her regular bail. A division bench of Justice Ajay S Gadkari and Justice Milind N Jadhav Tuesday posted hearing after two weeks.
Read more

Also read:
● Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)

Bombay HC Reserves Judgment In Bail Appeal Of Hany Babu / Evidence & charge as Harry Potter and international war

29/08/2022 Asha

Evidence & charge similarly connected as Harry Potter and international war: Elgar Parishad accused tells court

30/08/2022

India Today / by Vidya

● The Bombay High Court was hearing Hany Babu’s bail plea in Elgar Parishad case
● Hany Babu was arrested on charges of being an active member of CPI(Maoist)
● The court has reserved its order on the bail plea
Seeking bail in connection with the Elgar Parishad case, accused Hany Babu’s counsel told the Bombay High Court that the relationship between the evidence and charges framed by the National Investigation Agency (NIA) is the same as “Harry Potter and international war”.
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Bombay HC reserves verdict on Hany Babu’s bail petition

29/08/2022

The Indian Express / by Express News Service

As the NIA claimed the DU associate professor was involved in ‘terrorist acts’, his counsel denied the charge and said he had already been in jail for over two years.
The Bombay High Court on Monday reserved its verdict on an appeal filed by Elgaar Parishad accused Hany Babu, a Delhi University associate professor, challenging the rejection of his bail plea by a special NIA court.
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HC concludes hearing of Hany Babu’s bail plea

29/98/2022

Hindustan Times / by K A Y Dodhiya

The Bombay high court on Monday concluded the hearing of a default bail application filed by Hany Babu, an accused in the Elgar Parishad case, and reserved its order.
Babu’s counsel claimed that the allegations against him of carrying out anti-national activities were baseless and did not come under the Unlawful Activities (Prevention) Act (UAPA) as no lives were lost. The only crime that Babu was booked for was covered under the Indian Penal Code, he added.
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Thread by Live Law (Aug 29):
#BombayHighCourt is hearing DU professor Hany Babu’s bail application, who is charged under the UAPA in the BhimaKoregaon – Elgar Parishad Case. ASG Anil Singh’s arguments for NIA continue.
+++ ASG – Hany Babu is not only an active member of CPI (Maoist), he actively participated in the activities. The activities of the accused amount to a terrorist act. ASG is reading out definition of terrorist act. ++
…
+++ Chaudhry – For an offence with life imprisonment, committing or advocating violence is required. This is not even alleged. The membership of CPI (Maoist) can at best show intention. But where is the proscribed act? ++
+++ Chaudhry – UAPA requires and act and an outcome. There’s is not a shred of evidence of any terrorist act being performed. The relationship between the acts of the accused and terrorist act is the same as Harry Potter and international warfare.++
…
Read full thread

Bombay High Court Reserves Judgment In Bail Appeal Of Bhima Koregoan Case Accused Hany Babu

29/98/2022

Lawbeat.in / by Raj Bhojani & Sanya Talwar

The bench of Justice Nitin Jamdar and N.R Borkar of Bombay High Court on Monday reserved its judgment on bail appeal filed by Hany Babu in the Bhima Koregoan Case.
The Special NIA court on February 15 rejected the bail plea of Babu and four others. Special NIA Judge DE Kothalikar rejected the bail applications of Hany Babu and Kabir Kala Manch members Sagar Gorkhe, Jyoti Jagtap and Ramesh Gaichor, holding that there is prima facie evidence to show he “was actively involved in the activities of the banned organisation CPI(Maoist) and furthering its ideology”.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists – New details connect police in India to a plot to plant evidence on victims’ computers that led to their arrest. (Wired / June 2022)
● Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)

Justice S Ravindra Bhat recuses from hearing plea by Gautam Navlakha

28/08/2022 Asha

Justice S Ravindra Bhat recuses from hearing plea by Gautam Navlakha

29/08/2022

Bar & Bench / by Debayan Roy

CJI UU Lalit said that the matter might be listed before a bench headed by Justice KM Joseph.
Justice S Ravindra Bhat of the Supreme Court on Monday recused from hearing a plea filed by Bhima Koregaon accused Gautam Navalakha seeking that he be placed under house arrest instead of being lodged in jail [Gautam Navlakha vs National Investigation Agency and anr].
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SC judge recuses himself from hearing plea by activist Gautam Navlakha

29/08/2022

Scroll.in / by Scroll Staff

The activist has demanded that he should be placed under house arrest instead of being lodged in prison.
A Supreme Court judge on Monday recused himself from hearing a petition filed by jailed activist Gautam Navlakha demanding that he should be placed under house arrest, Bar and Bench reported.
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Gautam Navlakha appeal to be heard by Supreme Court on Monday

28/08/2022

Bar & Bench / by Bar & Bench

… Navlakha has moved the top court against Bombay High Court judgment dismissing his plea to be transferred from Taloja Prison and placed under house arrest instead.
Navlakha, who is human rights activist and former Secretary of the People’s Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.
Read more

Also read:
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)
● Bombay HC Judge Justice Revati Mohite Dere recuses from hearing plea by accused (Bar & Bench / June 2022)