Case Update – Page 17 – free them all

Supreme Court grants regular bail to Vernon Gonsalves & Arun Ferreira, with tethers

28/07/2023 Asha

Supreme Court grants bail to Vernon Gonsalves and Arun Ferreira, with tethers

28/07/2023

The Leaflet / by Sarah Thanawala

The Bench directed the National Investigation Agency (NIA)’s special court to set such conditions as necessary, including requiring the two to not change their mobile phones, keep them active and charged at all times, keep the location status of the mobile phones ‘active’ all through the day, and pair the devices with the devices of the investigating office of the NIA.
On Friday, the Supreme Court granted regular bail to trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira.
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Supreme Court Grants Bail To Vernon Gonsalves & Arun Ferreira In Bhima Koregaon Case

28/07/2023

Live Law / by Awstika Das

The Supreme Court on Friday granted bail to 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. They were arrested in connection with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, and for having alleged links with the proscribed far-left outfit, Communist Party of India (Maoists).
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Supreme Court Grants Bail To Vernon Gonsalves, Arun Ferreira [Read judgment]

28/07/2023

Bar & Bench / by Debayan Roy

A bench of Justices Aniruddha Bose and Sudhanshu Dhulia said that while the charges against the two accused are serious, that alone cannot be the reason for denying bail.
The Supreme Court on Friday granted bail to Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon violence case of 2018 [Vernon vs State of Maharashtra and anr].
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Read judgment

After 5 Years in Jail, Vernon Gonsalves and Arun Ferreira Get Bail in Elgar Parishad Case

28/07/2023

The Wire / by Sukanya Shantha

… The Elgar Parishad case, registered by the Pune police in January 2018 and later handed over to the National Investigating Agency in 2020, has been mired in controversy since the very start. While the state had initially claimed that 16 persons – including Gonsalves and Ferreira – played an active role in “provoking” the gathered crowd at Bhima Koregaon with their speeches and triggering violence on the 200th-anniversary celebration of the battle of Bhima Koregaon, they were later accused of being “urban Naxals”.
The claims of their alleged association with the banned CPI (Maoist) organisation is based on purported emails and other evidence allegedly retrieved from the electronic devices belonging to the accused. These claims, however, have been challenged by many independent forensic organisations.
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Also read:
● National Campaign to Defend Democracy: 5 Years of Unjust Incarceration under Fabricated Evidence (Counterview / July 2023)
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (dailyo | by Arun Ferreira and Vernon Gonsalves | Jun 2018)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)

NIA is allowed yet more time to file reply to plea for furnishing copies of evidence to accused

28/07/2023 Asha

The Leaflet / by Sarah Thanawala

A few accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case have previously argued that their applications for cloned copies under Section 207 of the Code of Criminal Procedure have been pending for more than five years.
On Friday, a National Investigation (NIA) special court of judge Rajesh Kataria allowed the NIA time till August 17 to file a reply to the applications filed by the accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
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Also read:
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / Jul 18, 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Bombay High Court allows NIA’s request to adjourn Mahesh Raut’s bail plea

27/07/2023 Asha

Bombay High Court allows NIA’s request to adjourn Mahesh Raut’s bail plea

27/07/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency has sought the adjournment of Mahesh Raut’s bail plea on the ground that the newly appointed Additional Solicitor General of India is yet to assume office. The matter is posted for further hearing on August 7.
On Thursday, the division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige allowed adjournment of hearing in the bail plea of forest rights activist Mahesh Raut.
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ASG for Bombay High Court takes charge, seeks time to argue Elgar Parishad bail plea

27/07/2023

India Today / by Vidya

Devang Vyas is currently the ASG for Gujarat High Court and has now assumed the additional role of ASG for the Bombay High Court for a duration of six months or more.
Additional Solicitor General (ASG) Devang Vyas on Thursday informed the Bombay High Court that he had just assumed charge and requested some time to prepare himself. As a result, he sought an adjournment for the hearing of the bail plea of Elgar Parishad accused Mahesh Raut… He also requested that the bail plea of Raut’s co-accused, Gautam Navlakha, be adjourned to another date.
Read more

Also read:
● National Campaign to Defend Democracy: 5 Years of Unjust Incarceration under Fabricated Evidence (Counterview / July 2023)
● NIA opposes Mahesh Raut’s bail plea in Bombay HC (Indian Express / June 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / by Neema Pathak Broome and Mahesh Raut / June 2017)

Probe agency opposes Gautam Navlakha’s bail plea in Bombay High Court

25/07/2023 Asha

NIA Opposes Bail Application Of Accused Gautam Navlakha

25/07/2023

Free Press Journal / by Urvi Mahajani

NIA has claimed that Navlakha is an active member of a banned terror organisation and engages in activities furthering its objectives. The NIA also recovered incriminating documents from gadgets in his house.
The National Investigation Agency (NIA) has opposed bail plea of former journalist Gautam Navlakha, an accused in the Elgar Parishad – Bhima Koregaon case, stating that the lower court rejected his bail plea on the grounds that the accusations against him are prima facie true. NIA has also claimed that Navlakha was an active member of a banned terror organisation and engages in activities furthering its objectives.
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Probe agency opposes Navlakha’s bail plea in Bombay High Court

25/07/2023

India Today / by Vidya

The NIA cited its chargesheet that claims that Gautam Navlakha was recruited by Ghulam Nabi Fai on the direction of Pakistan’s spy agency, the Inter-Services Intelligence (ISI).
The National Investigation Agency (NIA) has requested a one-week adjournment for the hearing of Gautam Navlakha’s bail plea, as the newly appointed Additional Solicitor General (ASG) is yet to assume office.
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NIA gets more time to reply to plea for furnishing copies of evidence to the accused

18/07/2023 Asha

The Leaflet / by Sarah Thanawala

A few accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case have previously argued that their applications for cloned copies under Section 207 of the Code of Criminal Procedure have been pending for more than five years.
On Tuesday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria allowed the agency time to file an additional reply to the applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
… The matter is posted for further hearing on the applications filed under Section 207 of the CrPC on July 28.
Read more

Also read:
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Supreme Court directs respondents to file reply to Shoma Sen’s bail plea

14/07/2023 Asha

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court, comprising Justices Aniruddha Bode and Sanjay Kumar, permitted Sen to file an additional affidavit on her deteriorating health within two weeks.
On Friday, a division Bench of the Supreme Court, comprising Justices Aniruddha Bode and Sanjay Kumar, directed the respondents to file a reply affidavit to the bail application filed by women rights activist and academic Shoma Sen.
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Also read:
● “Hopefully waiting” writes Shoma Sen from prison (InSAF India / July 7, 2023)

● Shoma Sen’s discharge application at NIA asserts discrepancies in evidence against her (The Leaflet / June 2023)
● Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

SC Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023 Asha

Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap

11/07/2023

The Leaflet / by Sarah Thanawala

The division Bench of the Supreme Court directed the National Investigation Agency (NIA) and Maharashtra government to file counter affidavits within a period of three weeks.
On Tuesday, the Supreme Court allowed the respondents to file counter affidavits within a period of three weeks in the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
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Supreme Court Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday adjourned the hearing in the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap, saying that the judgments on the bail applications of co-accused Vernon Gonsalves and Arun Ferreira are expected to be delivered next week.
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Also read:
● SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail (The Print / May 2023)
● Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira (The Leaflet / March 2023)
● Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)

Another hearing and the question of furnishing copies of evidence to the accused remains unanswered

01/07/2023 Asha

The Leaflet / by Sarah Thanawala

In a plea for providing the accused copies of police reports and other documents under Section 207 of the Code of Criminal Procedure, a special NIA court has directed the NIA to file an affidavit in respect of the electronic evidence that was seized from the accused persons and ensure compliance by providing them with copies.
On Saturday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria resumed its hearing of applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
The plea is for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC).
Read more

Also read:
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Bombay HC directs NIA to file reply on Gautam Navlakha’s fresh bail application, next hearing on July 25

28/06/2023 Asha

The Leaflet / by Sarah Thanawala

On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige heard a fresh bail application filed by journalist and human rights activist Gautam Navlakha.
The Bench also directed the National Investigation Agency (NIA) to file its reply. The NIA counsel told the court that the reply would be filed by this evening or tomorrow.
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NIA opposes Mahesh Raut’s bail plea in Bombay High Court

27/06/2023 Asha

NIA opposes Mahesh Raut’s bail plea in Bombay HC

27/06/2023

The Indian Express / by Express News Service

A division bench of Justices Ajey S Gadkari and Shivkumar G Dige posted the hearing on Mahesh Raut’s bail application to July 12.
The National Investigation Agency (NIA) opposed a regular bail plea by Elgaar Parishad case accused Mahesh Raut in the Bombay High Court saying there is sufficient material evidence against Raut to show his involvement in the crime for offences under the Unlawful Activities (Prevention) Act and his bail plea was rightly rejected by the special NIA court earlier.
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Bail not justiciable for Bhima Koregaon accused Mahesh Raut, his acts were against interest of society: NIA to Bombay High Court

27/06/2023

Bar & Bench / by Neha Joshi

NIA stated in its affidavit that it found evidence to show that the proscribed Communist Party of India (Maoist) had given Raut ₹5 lakh.
It is not justifiable for an accused under the Unlawful Activities Prevention Act (UAPA) to seek bail on constitutional grounds when his acts are against the interests of the State and society, the National Investigation Agency (NIA) has told the Bombay High Court.
Through an affidavit filed this week, the agency opposed the regular bail plea filed by Mahesh Raut, an accused in the Bhima Koregaon case of 2018. Raut sought bail invoking Articles 14 and 21 of the Constitution of India.
… A Bench of Justices AS Gadkari and SG Dige posted Raut’s bail for hearing on July 12.
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NIA Opposes Bail Plea of Bhima Koregaon Case Accused Mahesh Raut, Citing Anti-State Acts

27/06/2023

Free Press Journal / by Urvi Mahajani

The NIA argues that seeking relief on constitutional grounds is unfounded when the accused’s actions themselves are against the welfare of the state and society.
The National Investigation Agency (NIA) has vehemently opposed the bail plea of Mahesh Raut, an accused in the Elgar Parishad – Bhima Koregaon case, arguing that it is unjustifiable for someone charged under the Unlawful Activities (Prevention) Act (UAPA) to seek bail on constitutional grounds when their actions are contrary to the interests of the State and society.
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Also read:
● 4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / June 2017)