Browsed by
Category: Case Update

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Click to enlarge posters

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

02/09/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon – Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail.
The accused have filed the appeal against the Sessions court’s order rejecting the default bail application under Section 167(2) of the Code of of Criminal Procedure read with Section 43-D (2) of Unlawful Activities (Prevention) Act.
… The HC is likely to pronounce its judgement along a similar plea made co-accused Sudha Bharadwaj, on which order was reserved on August 4.
Read more


HC reserves order on plea by eight accused

01/09/2021

Hindustan Times / by KAY Dodhiya

The Bombay high court reserved its orders in the petition filed by the eight Elgar Parishad accused who challenged the cognizance taken by the sessions judge of the charge sheet filed by Pune Police in November 2018.
The counsel for the accused argued that as the sessions judge had passed orders and not the special NIA court or a magistrate court as stipulated by the provisions of the Unlawful Activities (Prevention) Act (UAPA) under which the accused were booked, the orders passed by the sessions judge were not valid and they were eligible for default bail.
Read more


Bombay HC reserves verdict in plea by 8 accused challenging cognizance taken by Pune Sessions Judge

01/09/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Wednesday reserved its verdict in the plea filed by eight of sixteen accused in the 2018 Bhima Koregaon case challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them.
Read more


Also read:
8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail (Bar & Bench, Aug 23)
Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Rona Wilson Approaches Court For Temporary Bail Following Father’s Demise

Rona Wilson Approaches Court For Temporary Bail Following Father’s Demise

Live Law / by Sharmeen Hakim

Researcher Rona Wilson, accused in the Bhima Koregaon – Elgar Parishad caste violence case approached the Special NIA Court on Wednesday seeking temporary bail for two weeks following his father’s demise on August 18, 2021. Wilson’s father passed away at AT Neendakara, Kerala.
He was 84. Wilson had met his father in April 2018, months before his arrest in the case.
Read more

Varavara Rao seeks extension of medical bail

Varavara Rao seeks extension of medical bail

The Hindu / by Sonam Saigal

Plea before Bombay HC mentions adherence to all court directions despite multiple ailments
The 81-year-old poet Varavara Rao, accused in the Bhima Koregaon caste violence case, has filed for an extension of his medical bail, which expires on September 5, before the Bombay High Court.
Read more

What NIA draft charges submitted in court say, against whom

What NIA draft charges submitted in court say, against whom

What NIA draft charges submitted in court say, against whom

25/08/2021

The Indian Express / by Sadaf Modak

The NIA has proposed to charge all the accused under 16 sections of the law. Charges under some additional sections have been proposed against some accused in accordance with the specific roles that they are alleged to have played.
The National Investigation Agency (NIA) has submitted draft charges before a special court in Mumbai against 15 arrested accused and six absconding accused in the Elgar Parishad case.
Read more


NIA Submits Draft Charges in Bhima Koregaon-Elgar Parishad Case: Read Details

23/08/2021

Live Law / by Sharmeen Hakim

The NIA Draft Charges find mention of a common objective to establish ‘People’s Government’ through revolution & protracted arms struggle and an attempt to cause the death of a public functionary.
The National Investigation Agency submitted a list of seventeen draft (proposed) charges against the Bhima Koregaon-Elgar Parishad Case accused, including the charge of waging a war against the country, which is punishable with death.
The draft charges don’t mention a plot to assassinate Prime Minister Narendra Modi, as claimed in 2018 but mention “cause the death of a public functionary.”
Read more


Seventeen proposed charges by NIA against accused

22/08/2021

Bar & Bench / by Neha Joshi

The January 2018 FIR registered after the alleged riots post the ’Elgar Parishad’ event forms the basis of the entire Bhima Koregaon case which led to arrest of 16 accused, and the 3 chargesheets.
Fifteen of the accused in the case are in judicial custody while five are absconding. One accused, Father Stan Swamy passed away while in custody.
The charges state that the accused (including Swamy) were active members of a banned terrorist organisation under the Unlawful Activities (Prevention) Act (UAPA) even prior to 2018.
Read more


Also read: Bhima Koregaon Accused Approach Bombay High Court To Stay Trial Till Clone Copies of Electronic Evidence Is Provided (Live Law, Aug 20)

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

Sessions court had no power to take cognisance of pleas: Accused in Elgar Parishad case seek default bail

24/08/2021

The Indian Express / by Express News Service

The lawyer for the accused submitted that as the orders of remand, authorising custody were ‘illegally’ passed by the sessions judge and the same could not be sustained, they may be released on default bail.
Eight accused in the Elgar Parishad case, while challenging the September 2019 order of the Pune Sessions court rejecting their default bail pleas, told the Bombay High Court that persons booked for scheduled offences under the Unlawful Activities (Prevention) Act (UAPA) had to be produced before special National Investigation Agency (NIA) court and the sessions judge had no power to take cognisance of their pleas.
Read more


8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

23/08/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
Eight accused in the 2018 Bhima Koregaon case have moved the Bombay High Court challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them and to quash the criminal proceedings (Sudhir Dhawale & Ors. v. State of Maharashtra & Ors.).
Read more


Also read: Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

24/08/2021

Live Law / by Live Law News Network

The Special NIA Court has rejected temporary bail pleas of professor Anand Teltumbde and journalist Gautam Navlakha, accused in the Bhima Koregaon – Elgar Parishad caste violence Case.
In their applications sent directly from prison, the two sought to be released temporarily citing their age and vulnerability to Covid-19. The pleas were filed pursuant to directions from the jail administration asking all inmates above 60 years to apply for interim bail due to the pandemic.
Read more


NIA Court refuses temporary bail to activist Gautam Navlakha

23/08/2021

Bar & Bench / by Neha Joshi

Navlakha had sought temporary bail relying upon the guidelines issued by the High Power Committee for decongestion of prisons in light of the COVID pandemic.
The Special Court under the National Investigation Agency (NIA) Act has refused temporary bail to Bhima Koregaon accused Gautam Navlakha.
Read more


Accused activists seek default bail claiming sessions court had no jurisdiction

23/08/2021

Midday / by pti

The petitioners are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, and Arun Ferreira
Seven activists and academics accused in the Elgar Parishad-Maoist links case told the Bombay High Court, the Pune sessions court, which remanded them to custody following their arrest and also took cognisance of the police’s chargesheet in 2019, had no jurisdiction to do so and sought a default bail.
Read more

Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized

Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized

Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized

20/08/2021

Bar and Bench / by Neha Joshi

The accused moved the High court challenging an order of the Special NIA Court refusing their application for cloned copies of the data seized by the NIA.
Bhima Koregaon accused Sudha Bharadwaj and Gautam Navlakha have approached the Bombay High Court seeking clone copies of all devices seized from them by the National Investigation Agency (NIA).
NIA had submitted draft charges and the special court has kept the matter for framing of charges on August 23, 2021.
Read more


Accused Approach Bombay HC To Stay Trial Till Clone Copies of Electronic Evidence Is Provided

20/08/2021

Live Law / by Sharmeen Hakim

Accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court to stay the trial or defer the framing of charges until clone copies of all the electronic devices seized are provided to the defence.
Accused Sudha Bharadwaj and journalist Gautam Navalakha have sought HC’s indulgence after the National Investigation Agency submitted the draft charges before the Special NIA Court against the 15 accused on August 9.
Read more

Father Stan Swamy Has Right To Have His Name Cleared: Jesuits Approach Bombay High Court

Father Stan Swamy Has Right To Have His Name Cleared: Jesuits Approach Bombay High Court

Live Law / by Sharmeen Hakim

The petitioners state that the Special NIA Court’s observations while refusing bail to Stan Swamy amount to preliminary findings of guilt, which the High Court can set aside.
Late tribal-rights activist Father Stan Swamy’s counsel and kin have urged the Bombay High Court to clear the odium attached to his name and reputation due to his arrest in the Bhima Koregaon – Elgar Parishad caste violence case.
“Article 21 (Right to dignity) of the Constitution equally applies to deceased persons and just as the Appellant(Father Swamy) would have had a right o clear his name if he were alive, similarly those closest to him would have a similar right to clear his name,” Senior counsel Advocate Mihir Desai said on behalf of the Jamshedpur Jesuit Province, which is seeking to pursue Stan Swamy’s case as his next of kin.
Read more

Bombay HC Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

Bombay HC Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

Bombay High Court Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

17/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Tuesday ordered Delhi University Associate Professor Hany Babu to be re-lodged in Taloja Prison following the report of a private hospital that he is ‘fit for discharge’. He is accused in the caste-violence Bhima Koregaon – Elgar Parishad Case.
On Tuesday, Justices SS Shinde and NJ Jamadar disposed of Babu’s wife – Jenny Rowena’s plea – seeking interim medical bail for him after Breach Candy’s doctors certified that Babu’s had recovered from Covid-19 and orbital cellulitis, and he is fit for discharge.
Read more

Lawyer Surendra Gadling released from jail after temporary bail from HC

Lawyer Surendra Gadling released from jail after temporary bail from HC


by Indira Jaising (Aug 13)
He’s out!



by Indira Jaising (Aug 13)
The legal team, courage and determination, Stubborn for justice


Lawyer Surendra Gadling released from jail after temporary bail from HC

13/08/2021

The Indian Express / by Express News Service

Lawyer Surendra Gadling was released from Taloja Central Jail on Friday morning after the Bombay High Court last month allowed him temporary bail to attend rituals on his mother’s first death anniversary.
Read more


Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

12/08/2021

Live Law / by Sharmeen Hakim

Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application.
Bhima Koregaon accused – Advocate Surendra Gadling – has been granted temporary bail in a 2016 case under the Unlawful Activities (Prevention) Act, paving the way for his release from Taloja Prison tomorrow to perform his mother’s funeral rites. Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application yesterday on the grounds that it was not maintainable.
Read more