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Category: Case Update

Sudha Bharadwaj’s plea for NIA to withdraw ‘defamatory’ remark ‘not maintainable’ says court

Sudha Bharadwaj’s plea for NIA to withdraw ‘defamatory’ remark ‘not maintainable’ says court

Free Press Journal / by Staff Reporter

In a detailed order, a special NIA court which rejected on 12 February an application by Bhima-Koregaon accused activist Sudha Bharadwaj seeking that the NIA withdraw its ‘defamatory’ remarks against her, has said that her plea is ‘not maintainable’ as there is no such provision under the Criminal Procedure Code.
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Varavara Rao granted interim bail in Surajgar arson case [read order]

Varavara Rao granted interim bail in Surajgar arson case [read order]

Sabrangindia / by Sabrangindia

Rao’s lawyers cited Bombay High Court’s judgement granting bail on medical grounds while securing bail in this case.
The Nagpur Bench of Bombay High Court has granted temporary bail to 82-year-old Telugu poet Varavara Rao for 4 weeks, following the Principal bench order granting him bail on medical grounds.
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+++ Bombay HC grants bail on medical grounds to Varavara Rao for six month [read judgement] +++

+++ Bombay HC grants bail on medical grounds to Varavara Rao for six month [read judgement] +++


By Live Law (Feb 24):
Accused Varavara Rao approaches the Bombay High Court seeking a month to comply with his bail condition of submitting two solvent sureties to the Special NIA Court +++

By Bar & Bench (Feb 24):
Bombay High Court will hear Bhima Koregaon accused Varavara Rao’s application tomorrow seeking directions for making change in the formality of submitting surety to the Special NIA Court for releasing Rao on bail +++


Bombay HC Grants Varavara Rao Six Months’ Bail on Medical Grounds

22/02/2021

The Wire / by The Wire Staff

Within this period, the poet must remain within the jurisdiction of the special NIA court that is hearing the charges him against in the Elgar Parishad case.
New Delhi: The Bombay high court on Monday granted poet and rights activist Varavara Rao six months’ bail on medical grounds. Within this period, however, the poet must remain within the jurisdiction of the special National Investigation Agency (NIA) court that is hearing the charges against him in the Elgar Parishad case, the court said.
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Bombay High Court Grants Varavara Rao Bail For 6 Months On Medical Grounds

22/02/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday granted bail on medical grounds to 81-year-old ailing Telugu Poet Dr Varavara Rao, an accused in the Elgar Parishad-Bhima Koregaon case.
The High Court observed that it was a “genuine and fit” case for granting relief in view of the advanced age of the petitioner and inadequate facilities at Taloja jail hospital. The bench added that if it denies relief to Rao, it will be abdicating its constitutional duties as a protector of human rights and right to health covered under Article 21 of the Constitution.
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Bombay High Court grants bail to Bhima Koregaon accused Dr. Varavara Rao for six month [read judgement]

22/02/2021

Bar & Bench / by Neha Joshi

“We feel that with the condition of the under trial, it would be inappropriate to send him back (to jail),” the Bench of Justices SS Shinde and Manish Pitale ruled.
The Bombay High Court on Monday granted bail to 82-year-old Bhima Koregaon accused Dr. Varavara Rao on medical grounds.
The Court has granted the octogenarian bail for a period of six months.
The order was passed by a Bench of Justices SS Shinde and Manish Pitale in two separate pleas – one by Rao praying for bail and the other by his wife Pendyala Hemlatha seeking the Court’s intervention in view of the alleged violation of his fundamental right to health.
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Varavara Rao granted six-month bail on medical grounds [read judgement]

22/02/2021

The Leaflet / by The Leaflet

The Bombay High Court Monday granted six months medical bail to 82-year-old Dr. PV Varavara Rao, an accused in the Bhima Koregaon case. Dr. Rao is facing charges under the unlawful Activities (Prevention) Act’ (UAPA).
A division bench of Justice SS Shinde and Manish Pitale said it would have abdicated its duty in protecting his fundamental rights if it had denied bail to the ailing Telugu poet.
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Bombay High Court verdict on February 22 in bail plea by accused Varavara Rao

21/02/2021

Bar and Bench / by Neha Joshi

Rao is presently lodged in Nanavati Hospital after the State informed the Court their willingness to shift Rao to the private hospital as a special case. The verdict will be pronounced at 11 am tomorrow.
Besides Rao’s plea for bail, the Court will also pronounce its verdict on a plea filed by his wife Pendyala Hemlatha seeking the Court’s intervention in view of alleged violation of his “fundamental right to health”.
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Activist Sudha Bharadwaj’s plea against NIA to withdraw ‘defamatory’ remarks rejected

Activist Sudha Bharadwaj’s plea against NIA to withdraw ‘defamatory’ remarks rejected


Poster, Aug 2020

The Indian Express / by Express News Service

Bharadwaj had filed a plea in December, seeking access to unredacted copies of statements of witnesses recorded under section 164 of the Criminal Procedure Code. The NIA, in its reply, had opposed the plea and alleged that access to statements was sought to cause harm to the witnesses.
A special court on Friday rejected an application by law professor and activist Sudha Bharadwaj that sought directions to the National Investigation Agency (NIA) to withdraw “defamatory” allegations made against her in a written reply filed by the agency.
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Rona Wilson Moves Bombay HC Seeking SIT Probe Into His Framing [read petition]

Rona Wilson Moves Bombay HC Seeking SIT Probe Into His Framing [read petition]

Rona Wilson challenges his prosecution in Bombay HC; seeks SIT probe into his framing [read petition/forensic report]

10/02/2021

The Leaflet / by The Leaflet

An accused in the Bhima Koregaon case, Rona Wilson, has filed a petition in the Bombay High Court challenging his prosecution under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act. He has also sought the constitution of a special investigation team (SIT) to investigate his “framing” and “targeting” by planting incriminating material in his laptop.
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Rona Wilson Moves Bombay High Court Seeking SIT Probe Into Forensic Report

10/02/2021

Live Law / by Sharmeen Hakim

Researcher Rona Wilson, the first person to be arrested in the Bhima Koregaon Case, on Wednesday, approached the Bombay High Court seeking the formation of a Special Investigation Team to inquire into the planting of fabricated documents in his computer over a course of around 22 months.
Wilson, as well as 15 other civil rights activists and academics, in India, are incarcerated, facing charges under the stringent Unlawful Activities (Prevention) Act (UAPA) based on letters primarily retrieved from his and co-accused Surendra Gadling’s computer, to claim a conspiracy to kill the Prime Minister and overthrow the government.
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Also Read: Computer of Rona Wilson was compromised, malware planted from outside: US Forensic Firm report (Feb 10, 2021)


Key evidence against jailed activists planted using malware, says forensic report [read report] / Video: Planted Evidence?

Key evidence against jailed activists planted using malware, says forensic report [read report] / Video: Planted Evidence?

They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says

10/02/2021

Washington Post / by Niha Masih and Joanna Slater

Key evidence against a group of Indian activists accused of plotting to overthrow the government was planted on a laptop seized by police, a new forensics report concludes, deepening doubts about a case viewed as a test of the rule of law under Prime Minister Narendra Modi.
An attacker used malware to infiltrate a laptop belonging to one of the activists, Rona Wilson, before his arrest and deposited at least 10 incriminating letters on the computer, according to a report from Arsenal Consulting, a Massachusetts-based digital forensics firm that examined an electronic copy of the laptop at the request of Wilson’s lawyers.
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Computer of Rona Wilson was compromised, malware planted from outside: US Forensic Firm report

10/02/2021

Bar & Bench / by Neha Joshi

The report was prepared by a foreign digital forensics consulting company appointed by the lawyers of Rona Wilson, accused in the Bhima Koregaon case.
… Massachusetts-based firm Arsenal Consulting was appointed by Wilson’s lawyers to analyse the electronic evidence seized from his home by the Pune Police in 2018.
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Read Arsenal Consulting’s full report here


Video: Planted Evidence?

10/02/2021


en | 23:20min | 2021

NDTV / by Sreenivasan Jain

In this episode of Reality Check, a new report suggests crucial evidence on which the investigating agencies built the case against activists in the Bhima Koregaon case may have been planted.
Sreenivasan Jain in conversation with Mark Spencer, Head of Arsenal Consulting; Joanna Slater, Washington Post; Vrinda Grover, Advocate Supreme Court; Geeta Bhatt, Political Analyst; N Venugopal, Varavara Rao’s nephew.
Watch video


Key evidence against jailed activists planted using malware, says forensic report

10/02/2021

Scroll.in / by Scroll Staff

The report found that an attacker used malware to infiltrate activist Rona Wilson’s laptop before his arrest, and deposited at least 10 incriminating letters.
Key evidence against a group of activists and intellectuals, who have been arrested in the Bhima Koregaon case, was planted using a malware on a laptop seized by police, a new forensics report has found, The Washington Post reported.
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Incriminating Letters Were ‘Planted’ on Rona Wilson’s Laptop: US Digital Forensics Firm

10/02/2021

The Wire / by Sukanya Shantha

Investigating agencies have used these letters to implicate Wilson and 15 other rights activists arrested in the ongoing Elgar Parishad case of 2018.
For at least 22 months before the Pune Police had raided activist Rona Wilson’s residence in New Delhi and arrested him, a cyber attacker had allegedly gained access to his laptop and planted at least 10 incriminating letters on it.
Read more


Also Read:
Prison-rights activist Rona Wilson’s hard disk contained malware that allowed remote access (The Caravan, Mar 2020)
13 letters leaked by Pune police show why it’s hard to believe claims about a Maoist conspiracy (Scroll.in, Sep 2018)

Bombay HC Rejects Gautam Navlakha’s Default Bail Plea [read order]

Bombay HC Rejects Gautam Navlakha’s Default Bail Plea [read order]


by The Logical Indian (Feb 9): The Bombay High court on February 8 dismissed the bail plea of activist Gautam Navlakha who was arrested in connection with the Bhima Koregaon case +++
by The Logical Indian (Feb 9): The special court then accepted NIA’s plea seeking an extension of 90 to 180 days to file the charge sheet against Navlakha and co-accused Anand Teltumbde +++


Period under illegal detention has to be excluded in computing 90-day custody period for default bail [read order]

08/02/2021

Bar & Bench

The bone of contention was whether the period of 34 days during which Navlakha was under house arrest could be included towards calculating the 90 day period for custody prescribed under Section 167(2) of CrPC.
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Bombay High Court Dismisses Bail Application Of Gautam Navlakha In Bhima Koregaon Case

08/02/2021

Live Law / by Sharmeen Hakim

A division bench of Justices SS Shinde and MS Karnik passed the order on a criminal appeal filed by Navlakha against an order of the special court, which rejected his application for default bail in June, last year. He is in prison since his surrender on April, 14 2020.
“We see no reason to interfere with the order of the trial court”, said the Court.
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Bhima Koregaon Case: Bombay HC Rejects Gautam Navlakha’s Default Bail Plea

08/02/2021

The Wire / by The Wire Staff

“We see no reason to interfere with the order of the trial court,” the division bench said in response to an appeal filed by the activist.
The Bombay High Court on Monday dismissed the default bail petition of activist Gautam Navlakha in the Bhima Koregaon case.
Navlakha approached the high court last year, challenging the special NIA court’s order of July 12, 2020, that rejected his plea for statutory bail. On December 16 last year, the bench reserved its verdict on the plea seeking default bail filed by Navlakha.
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Also Read: Should Gautam Navlakha’s House Arrest In 2018 Be Included For Computing Period For Default Bail? (Dec 2020)

HC Reserves Order On Varavara Rao’s Bail On Medical Grounds

HC Reserves Order On Varavara Rao’s Bail On Medical Grounds

‘His Crime Is A Crime Of Conscience´: Jaising Argues As Bombay HC Reserves Order On Varavara Rao’s Bail On Medical Grounds

01/02/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday reserved its order on the medical bail pleas of 81-year-old ailing Telugu poet – Dr Varavara Rao – an accused in the Elgar Parishad- Bhima Koregaon case.
His lawyers have sought for the octogenarian to be granted bail and sent back to his home, in Hyderabad, for at least three months, owing to his advanced age and neurological condition. The National Investigating agency and the State have vehemently argued against setting him at liberty due to the serious allegations against him.
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Bombay High Court reserves bail plea order of Varavara Rao

01/02/2021

The New Indian Express / by Sudhir Suryawanshi

Senior Advocate Indira Jaising appearing on behalf of Hemlatha said that Rao has spent 149 days of the 365 days in a year, in a hospital ward.
The Bombay High Court on Monday reserved its order on the medical bail pleas of 81-year-old ailing Telugu poet and activist Varavara Rao, who is an accused in the Elgar Parishad-Bhima Koregaon case.
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NIA Opposes Stan Swamy’s Bail; Calls PUCL, VVJVA ‘Maoist Fronts’

NIA Opposes Stan Swamy’s Bail; Calls PUCL, VVJVA ‘Maoist Fronts’

NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’

31/01/2021

The Wire / by The Wire Staff

The agency made the claim about the 30-year-old human rights body while arguing against the bail application moved by Father Stan Swamy.
In its latest, the National Investigation Agency handling the ongoing probe in the Elgar Parishad case has called a 30-year-old human rights body, People’s Union for Civil Liberties, a frontal organisation of the banned Communist Party of India (Maoist). The agency made the claim while arguing against the bail application moved by arrested human rights defender Father Stan Swamy. Similar claims were also made against Jharkhand-based Adivasi rights organisation Visthapan Virodhi Jan Vikas Andolan.
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NIA says Stan Swamy is working to achieve the goals of CPI (Maoist)

30/01/2021

The Hindu / by Special Corrospondent

Central agency argues for rejection of bail petition.
The National Investigation Agency (NIA) on Saturday alleged that Father Stan Swamy, accused in the Bhima Koregaon violence case, was actually accomplishing the agenda of Communist Party of India (Maoist) under the pretence of voicing concerns of the tribal community. It said that his bail plea must be rejected.
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What are your apprehensions if Varavara Rao is granted bail, HC asks NIA

What are your apprehensions if Varavara Rao is granted bail, HC asks NIA

What are your apprehensions if Varavara Rao is granted bail, HC asks NIA

29/01/2021

Hindustan Times / by K A Y Dodhiya

Stressing on the need of striking a balance between fundamental rights of a prisoner to have a healthy life and the facilities available for treating ailing prisoners in jails, the Bombay high court (HC) on Thursday has sought to know from the National Investigation Agency (NIA) on their apprehensions in the event 82-year-old Telugu poet P Varavara Rao is released on bail on medical grounds.
… The court has now posted the hearing on February 3.
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What is the quality of life of a 82-year-old in detention? Bombay High Court asks during Varavara Rao bail hearing

28/01/2021

Bar & Bench / by Neha Joshi

“Is it worth to wait for another emergency to happen to take him to Nanavati only because we reject his bail because of your apprehension?”, the Court asked counsel for NIA.
The Bench of Justices SS Shinde and Manish Pitale raised the question during Rao’s plea for grant of bail on medical grounds along with the plea filed by his wife seeking the Court’s intervention in view of the violation of his fundamental right to health.
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‘Varavara Rao Doesn’t Have Dementia, Reject His Medical Bail Plea,’ NIA Tells Bombay HC

28/01/2021

The Wire / by The Wire Staff

When asked by the HC bench as to why Rao was taking 20 pills if he was stable, the NIA counsel said the pills were ‘age related.’
The National Investigation Agency (NIA) on Wednesday urged the Bombay high court to reject the plea for bail on medical grounds filed by poet-activist Varavara Rao, arguing that his present health condition is stable and that he no longer suffers from dementia.
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Varavara Rao Can Be Sent Back To Prison, He Has No Dementia: NIA Submits Before Bombay High Court

27/01/2021

Live Law / by Sharmeen Hakim

Does the octogenarian poet Dr Varavara Rao suffer from dementia? The question seems to have become the focal argument in petitions seeking to set him at liberty and as both the sides are now arguing on the point whether Dr Rao’s cognitive functions are strong enough for him to be able to take care of himself or no.
… The bench then directed the hospital to submit a fresh report on Rao’s heath condition and adjourned the case for Thursday.
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