Case Update – Page 18 – free them all

NIA opposes Hany Babu’s bail plea in Elgar Parishad case

25/08/2022 Asha

NIA opposes Hany Babu’s bail plea, claims he collected info to make bombs

26/08/2022

Hindustan Times / by K A Y Dodhiya

The National Investigation Agency (NIA) on Friday opposed the default bail application of Hany Babu, an accused in the Elgar Parishad case, and told the Bombay high court that he had not only gathered information to make bombs but also garnered international support for the banned Communist Party of India (Maoist)…
After Choudhary submitted that he wanted to respond to the submissions of the NIA, the bench adjourned the hearing to Monday.
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Thread by Live Law (Aug 26):
++ #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. +++
++ Hearing before a bench of Justice Nitin Jamdar and NR Borkar. +++
…
++ ASG’s submissions to continue on 29th August at 2:30 PM. +++
Read full thread

Professor Hany Babu must be tried under anti-terror laws: NIA in Elgar Parishad case

26/08/2022

India Today / by Vidya

While opposing the bail plea of Elgar Parishad accused, NIA pointed to various incriminating documents.
NIA said that a document on Babu’s laptop was allegedly a study conducted by the Indian Army, Airforce and Navy.
In the Elgar Parishad case, Additional Solicitor General Anil Singh, on behalf of the NIA (National Investigating Agency), told the Bombay High Court that the ‘nature of the allegation’ and the case that was made, directly fell under the category of the anti-terrorist act.
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Wanted to set up ‘Janta Sarkar’: NIA opposes Hany Babu’s bail plea

26/08/2022

The Indian Express / by Express News Service

A division bench of Justice N M Jamdar and Justice N R Borkar was hearing Babu’s appeal seeking bail filed after a special NIA court rejected his plea in February this year.
Claiming that Elgaar Parishad accused Hany Babu was involved in a conspiracy to set up ‘Janta Sarkar’ (people’s government) by overthrowing the elected government through armed struggle, the National Investigation Agency (NIA) on Thursday opposed the bail plea of the former Delhi University associate professor.
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NIA opposes Hany Babu’s bail plea in Elgar Parishad case

25/08/2022

Free Press Journal / by Staff Reporter

A division bench of Justices Nitin Jamdar and NR Borkar was hearing Babu’s bail application.
The National Investigation Agency (NIA) on Thursday opposed the bail plea filed by Hany Babu, an accused in the Elgar Parishad case.
… The HC will continue to hear the bail plea on Friday.
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Thread by Live Law (Aug 25):
#BombayHighCourt is hearing DU associate Prof #HanyBabu’s bail application in the #BhimaKoregaon – Elgar Parishad Case.
…
Hearing to continue tomorrow 3.30pm.
Read full thread

Thread by Bar & Bench (Aug 25)
Bombay High Court bench of Justices Nitin Jamdar and Nitin Raut is hearing a bail application filed by Hany Babu, arrested in the Bhima-Koregaon violence case.

Additional Solicitor General Anil Singh appears for NIA. Singh: It is my case that the accused is a member of banned CPI (Maoist). Material found from his laptop shows that he was in continuous contact with other accused.
Read full thread

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 Court Rejects Arun Ferreira’s Plea For Copy Orders Authorising Email Interception By NIA

23/08/2022 Asha

Special Court Rejects Arun Ferreira’s Plea For Copy Orders Authorising Email Interception By NIA

23/08/2022

Live Law / by Sharmeen Hakim

A special NIA has rejected the application filed by lawyer Arun Ferreira, an accused in the Bhima Koregaon-Elgar Parishad case, alleging that NIA illegally intercepted emails exchanged between him and co-accused Rona Wilson and used it as evidence. Ferreira had sought a copy of the order permitting the agency to intercept their emails.
The court however allowed accused lawyer Surendra Gadling’s plea against the obstruction by prison officials from receiving letters and personal communications sent by his wife and advocates to him at the prison.
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Special court rejects Arun Ferreira’s plea against NIA

23/08/2022

Free Press Journal / by Staff Reporter

A special court on Monday rejected an application by lawyer and accused in the Bhima Koregaon-Elgaar Parishad case, Arun Ferreira, in which he had claimed illegal interception by the National Investigation Agency (NIA) of some emails, which it later used as evidence…
In a separate development, the court directed the Taloja prison authorities to hand over to lawyer and Ferreira’s co-accused Surendra Gadling his letters from his wife, which he complained were held back by it.
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Plea of Elgaar Parishad accused for ‘order authorising email interception’ rejected

23/08/2022

The Indian Express / by Express News Service

A special court rejected Arun Ferreira application after the NIA denied any illegal interception and said the emails were accessed using a password found on a device seized from Rona Wilson, another accused.
After the NIA denied Elgaar Parishad case accused Arun Ferreira’s allegation that some emails it had relied on as evidence had been illegally intercepted, a special court on Monday rejected his application for the investigative agency to provide “the competent authority’s order issued for intercepting emails”.
Read more

Also read:
● Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused (The Wire / July 2022)

Varavara Rao Will Not Make Media Statements On Bhima Koregaon Case: NIA Court Sets Bail Conditions

20/08/2022 Asha

Varavara Rao told to remain in Mumbai, not to make statement on case to media

21/08/2022

The Indian Express / by Express News Service

Among the bail conditions set for Varavara Rao include that he shall reside within Greater Mumbai and shall furnish a detailed address of his residence.
Days after the Supreme Court granted bail to Telugu poet and activist P Varavara Rao, who was booked in the Elgaar Parishad case, the special court in Mumbai set conditions for his bail, including that he shall not make any statement with regard to the matter in the media.
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Varavara Rao Will Not Make Media Statements On Bhima Koregaon Case: NIA Court Sets Bail Conditions

20/08/2022

Live Law / by Sharmeen Hakim

A special NIA court in Mumbai set 12 bail conditions for Telugu poet Dr P Varavara Rao accused in the Bhima Koregaon case, including a restriction on talking about the case at any media forum…
On August 10, the Supreme Court granted bail to Rao on medical grounds, and had imposed a condition that he should should not leave the Greater Mumbai region without the permission of the trial court.
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‘No statement on case to media’: Special court sets conditions for Varavara Rao’s bail

20/08/2022

The Indian Express / by Express News Updates

Among the bail conditions set for Varavara Rao include that he shall reside within Greater Mumbai and shall furnish a detailed address of his residence.
Days after the Supreme Court granted bail to Telugu poet and activist P Varavara Rao who was booked in the Elgaar Parishad case, the special court in Mumbai set conditions for his bail, including that he shall not make any statement with regard to the matter in the media.
Read more

Also read:
● ‘First Step Towards Acquittal’: Varavara Rao’s Family on Bail by Supreme Court (The Quint / Aug 2022)
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case (The Leaflet / Aug 2022)

Decide on framing charges against Vernon Gonsalves within 3 month: Supreme Court

20/08/2022 Asha

Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas

20/08/2022

The Leaflet / by The Leaflet

A Supreme Court bench of CJI-designate, Justice Uday Umesh Lalit, and Justice S. Ravindra Bhat has decided to keep the petition seeking bail by Vernon Gonsalves on hold, but its direction to the trial court to begin its trial within three months comes as a relief.
Afterhearing at considerable length a bail petition filed by trade unionist, activist and academic Vernon Gonsalves, one of the accused undertrials in the Bhima Koregaon violence case, the Supreme Court on August 18 chose to keep the petition pending with it for three months. In the meantime, it has directed the trial court in Mumbai to decide whether the charges are to be framed against the accused under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
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Decide on framing charges against Vernon Gonsalves within 3 month: Supreme Court

20/08/2022

Bar & Bench / by Abhimanyu Hazarika

The Court also directed the special court to segregate Gonsalves’ trial from that of other accused who are absconding.
The Supreme Court on Thursday asked the special NIA court to decide on framing of charges against Bhima Koregaon accused Vernon Gonsalves within 3 months [Vernon Gonsalves vs State of Maharashtra and anr].
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Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Thursday asked the Special NIA Court to decide on framing charges in the Bhima Koregaon case within a period of three months. The Court also directed the NIA Court to decide the discharge applications filed by the accused in the case simultaneously.
A bench comprising Justice UU Lalit and Justice Ravindra Bhat passed the direction while considering a petition field by accused Vernon Gonsalves seeking bail in the case.
Read more

Also read:
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Arun Ferreira moves Bombay HC seeking default bail; Justice recuses from hearing case

19/08/2022 Asha

Arun Ferreira Approaches Bombay High Court For Default Bail

19/08/2022

Live Law / by Sharmeen Hakim

Activist Arun Ferreira, an accused in Bhima Koregaon – Elgar Parishad case, has approached the Bombay High Court seeking default bail.
Ferreira’s plea was listed before a division bench of Justices Revati Mohite Dere and Sharmila Deshmukh on Friday, however, Justice Dere has already recused from hearing any matters in the case.
In the criminal appeal under section 21(4) of the NIA Act, Ferreira claims that his position is at par with co-accused Sudha Bharadwaj who was granted default bail by the High Court in December last year, while he and eight of his co-accused were denied the relief.
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Arun Ferreira Moves Bombay High Court seeking default bail; Justice Revati Mohite Dere recuses

19/08/2022

Bar & Bench / by Neha Joshi

The accused in the 2018 riots case has sought an order from the High Court on the same grounds used by the court in the order granting default bail to co-accused Sudha Bharadwaj in December 2021.
The petition was listed before Bench led by Justice Revati Mohite Dere who recused from hearing the matter on Friday, without assigning any reason. The appeal will now be heard by another Bench.
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Arun Ferreira seeks default bail, judge recuses from hearing case

19/08/2022

Free Press Journal / by Staff Reporter

Arun Ferreira, one of the accused in the Elgar Parishad case, has sought default bail on parity with co-accused Sudha Bharadwaj in the case. Bhardwaj was granted default bail by the Bombay High Court on December 1, 2021.
On Friday, Ferreira’s petition came up for hearing before a division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh. However, Justice Dere recused herself from hearing the plea without assigning any reason.
Read more

Also read:
● Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused (The Leaflet / Dec 2021)

Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022 Asha

SC Asks NIA Court To Frame Charges Within 3 Months

18/08/2022

The Quint / by The Quint

The Supreme Court also allowed Varavara Rao to approach the trial court with his plea to travel to Hyderabad.
The Supreme Court on Thursday, 18 August, asked the Special National Investigation Agency (NIA) Court to decide on framing charges in the 2018 Bhima Koregaon case within a period of three months.
Read more

Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022

Live Law / by Rintu Mariam Biju

Also read:
● Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
● What NIA draft charges submitted in court say, against whom (Indian Express / Aug 2021)
● NIA Submits Draft Charges in Bhima Koregaon-Elgar Parishad Case: Read Details (Live Law / Aug 2021)

Trial court can decide Varavara Rao’s plea to visit Hyderabad for surgery: SC

17/08/2022 Asha

The Hindu / by pti

Mr. Rao’s bail conditions do not permit travel out of Greater Mumbai
The Supreme Court on August 16 allowed activist-poet Varavara Rao, an accused in the Bhima Koregaon case, to move the trial court for permission to go to his native Hyderabad for cataract surgery in order to spare himself the expenses of doing it in Mumbai.
A three-judge Bench led by Justice U.U. Lalit asked the trial court to decide Mr. Rao’s plea, if made, for leave to go to Hyderabad, within three weeks.
Read more

Also read:
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case [read order] (The Leaflet / Aug 2022)

Enforcement Directorate to question Surendra Gadling about allegedly funding Maoists

17/08/2022 Asha

ED to question Surendra Gadling about allegedly funding Maoists

17/08/2022

Sabrangindia / by Sabrangindia

A special NIA court had granted permission to the ED to conduct questioning between Aug 17 and 19.
A team of the Enforcement Directorate will today start questioning advocate Surendra Gadling in connection with allegations of funding a banned Maoist organization…
What is also noteworthy is that in June 2021, American digital forensics firm Arsenal unearthed evidence that 14 key files mentioned in the chargesheet against activist and lawyer Surendra Gadling were planted on his hard drive using Netwire, the very same malware that was used to plant false evidence on a laptop belonging to Rona Wilson, another accused in the case.
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Documents link Surendra Gadling to ‘Maoist money during demonetisation, hawala fund’

17/08/2022

The Indian Express / by Chandan Haygunde

The ED will be recording Elgaar Parishad case accused Surendra Gadling’s statement in Taloja Jail between Aug 17 and 19, sources said, adding that properties in the name of Gadling and his wife are also under ED scanner.
Surendra Gadling, one of the accused in the Elgaar Parishad case, will now be questioned by the Enforcement Directorate (ED) for his alleged role in funding the activities of the banned CPI (Maoist), officials said, adding that the interrogations are likely to begin Wednesday.
Read more

Also read:
● Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling’s Statement In PMLA Case (Live Law / Aug 2022)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

ED’s hidden agenda to implicate me in another false case to prevent release: Surendra Gadling

11/08/2022 Asha

ED’s hidden agenda to implicate me in another false case to prevent release: Surendra Gadling

11/08/2022

The Indian Express / by Sadaf Modak

In its plea, the ED has said that Surendra Gadling is an active member of the banned organisation and was involved in the raising and disbursement of funds for “violent activities”.
Nagpur-based lawyer Surendra Gadling, an accused in the Elgaar Parishad case who has been behind bars since 2018, claimed that the Enforcement Directorate (ED) has a “hidden agenda” to implicate him in another “false case” to make it difficult for him to secure a release.
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NIA to interrogate Surendra Gadling on allegations of money laundering

11/08/2022

The Leaflet / by Sarah Thanawala

The interrogation takes place despite the fact that Gadling has questioned the basis of ED’s investigation.
On August 10, the National Investigation Agency (‘NIA’) court, presided by Special Judge Rajesh Kataria, allowed the Enforcement Directorate (‘ED’) to record human rights lawyer and Dalit rights activist Surendra Gadling’s statement on his alleged connection with money laundering. According to the NIA court’s order, whether there are proceeds of crime or not falls under the purview of investigation and hence, interrogation by the ED needs to be permitted. Accordingly, Gadling will be interrogated from August 17 to August 19, in Taloja Central Jail.
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Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling’s Statement In PMLA Case

10/08/2022

Live Law / by Sharmeen Hakim & Amisha Shrivastava

The Special NIA Court has allowed the Enforcement Directorate to record accused-advocate Surendra Gadling’s statement in a money laundering case registered last year against certain accused in the Bhima Koregaon – Elgar Parishad Case.
Special Judge Rajesh Katariya passed the order on ED’s plea seeking to record Gadling’s statement under section 50(2) of the PMLA Act inside Taloja Prison. The agency has been allowed to record his statement on 17,18 and 19 August, 2022.
Read more

Also read:
● Now, ED Wants to Probe Elgar Parishad Case, Accuses Surendra Gadling of ‘Money Laundering’ (The Wire / July 2022)

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

Supreme Court grants permanent medical bail to P. Varavara Rao [read order]

10/08/2022 Asha

Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case [read order]

10/08/2022

The Leaflet / by The Leaflet

A bench, presided by the CJI-designate, Justice Uday Umesh Lalit, was satisfied that Dr. Rao did not misuse his freedom during the six-month bail granted by the Bombay High Court, and therefore deserves to be granted permanent bail for health reasons.
On Wednesday, a Supreme Court bench comprising Justices Uday Umesh Lalit, Aniruddha Bose and Sudhanshu Dhulia granted permanent medical bail to 82-years old poet, activist and teacher Dr. P. Varavara Rao, accused of inciting violence in the Bhima Koregaon case. Factors such as his old age, two and half years of custody, non-framing of charges against Dr. Rao, and his deteriorating health weighed in favour of the grant of bail.
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Supreme Court Grants Medical Bail To Varavara Rao, Deletes HC Condition To Surrender After 3 Months

10/08/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Wednesday granted medical bail to 84-year old P Varavara Rao, who has been booked under the Unlawful Activities Prevention Act in the Bhima Koregaon case for alleged links with banned Maoist organization.
A bench comprising Justices UU Lalit, Aniruddha Bose and Sudhanshu Dhulia passed the order in the Special Leave Petition filed by Rao challenging the Bombay High Court’s refusal to grant him permanent bail on medical grounds.
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Supreme Court grants bail to Varavara Rao on medical grounds

10/08/2022

Bar & Bench / by Debayan Roy

The Court made it clear that this order shall not impact the cases of the other accused or of Rao on merits. Rao was ordered not to leave the jurisdiction of Mumbai.
The Supreme Court on Wednesday granted bail to Bhima Koregaon accused Varavara Rao, who was arrested in 2018, on medical grounds.
A Bench of Justices UU Lalit and S Ravindra Bhat ordered,
“Matter has not even been taken up for framing of charges and the discharge applications by accused and others are also pending. The medical condition of Rao has not improved over period of time so that bail granted is withdrawn. We thus find P Varavara Rao is entitled to bail on medical grounds. We thus delete the para limiting the bail to a period of time.”
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SC Grants Varavara Rao Permanent Bail on Medical Grounds

10/08/2022

The Wire / by The Wire Staff

The apex court has deleted the condition imposed by the Bombay high court under which the activist had to surrender in three months from April.
The Supreme Court has granted activist and poet Varavara Rao – held as an undertrial in the Elgar Parishad case since August 28, 2018 – permanent bail on medical grounds.
Out on medical bail since March 6, 2021, the 84-year-old had moved the Supreme Court for permanent bail on the same grounds after his plea was rejected by the Bombay high court on April 13.
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