Case Update – Page 2 – free them all

Court reserves order on Elgar Parishad case accused Surendra Gadling’s bail plea

04/05/2024 Asha

India Today / by Vidya

Elgar Parishad case accused Surendra Gadling filed an appeal challenging a June 28, 2022 order of the special NIA court, that refused to grant default bail to him.
The Bombay High Court on Friday, reserved its order on the default bail petition of accused Surendra Gadling in the 2018 Elgar Parishad case.
Read more

by Bar and Bench / @barandbench (May 3, 2024):
Bombay High Court reserves plea filed by Surendra Gadling and Mahesh Raut, accused in Bhima Koregaon case, seeking default bail in the case.

Also read:
▪ NIA special court rejects default bail application of five accused (The Leaflet / June 2022)
▪ Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused (The Leaflet / Dec 2021)

Hany Babu withdraws bail plea in Supreme Court; says will approach Bombay High Court afresh

03/05/2024 Asha

Ex-DU prof Hany Babu withdraws bail plea in Supreme Court

03/05/2024

Hindustan Times / by Abraham Thomas

A bench of justices allowed the petition to be withdrawn as “not pressed” while recording the statement of Babu’s lawyer Payoshi Roy that he would like to pursue the matter before the high court
The Supreme Court on Friday allowed former Delhi University (DU) professor Hany Babu, who is an accused in the Bhima Koregaon violence case, to withdraw his bail plea citing “change of circumstance” claiming that he would be moving the Bombay high court which had granted bail to five co-accused.
Read more

Professor Hany Babu withdraws bail plea from Supreme Court

03/05/2024

Bar & Bench / by Abhimanyu Hazarika

A Bench of Justices Bela M Trivedi and Pankaj Mithal was slated to hear the matter today when Babu’s counsel informed the Court that the bail plea was being withdrawn.
Professor Hany Babu, an accused in the 2018 Bhima Koregaon violence case, withdrew his bail plea from the Supreme Court today citing a change in circumstances [Hany Babu vs National Investigation Agency and anr].
Read more

Also read:
▪ Branded Maoist, ex-political prisoners narrate how they were ‘wrongfully’ incarcerated (Counterview.net / March 2024)
▪ SC notice to Maharashtra, NIA on bail plea of DU professor Hany Babu (The Hindu / Jan 2024)
▪ Bombay HC rejects Hany Babu’s bail plea: ‘Prime facie conspired and abetted terrorist act’ (The Indian Express / Sep 2022)
▪ No bail; ‘prima facie evidence Hany Babu part of Maoist outfit’: court (The Indian Express / Feb 2022)

Trial May Not Be Over For Another 10 Years, Says SC While Hearing NIA Challenge To Gautam Navlakha’s Bail

30/04/2024 Asha

Trial May Not Be Over For Another 10 Years, Says SC While Hearing NIA Challenge To Gautam Navlakha’s Bail

30/04/2024

Live Law / by Gyanvi Khanna

The Supreme Court (on April 30), while hearing National Investigative Agency’s challenge against the Bombay High Court order granting bail to Bhima Koregaon-accused Gautam Navlakha, orally said that the trial “may not be over for another ten years.”
This was after the Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, informed the Court that there were 375 witnesses in the case.
Read more

SC defers NIA appeal against Bombay HC’s bail to Gautam Navlakha to May 7

30/04/2024

The New Indian Express / by Suchitra Kalyan Mohanty

The hearing was adjourned as Additional Solicitor General SV Raju, appearing for the National Investigation Agency, was unavailable to argue in the matter before it.
The Supreme Court on Tuesday adjourned the NIA’s appeal challenging a Bombay High Court order granting bail to human rights activist and journalist Gautam Navlakha, an accused in the Bhima Koregaon case, to May 7.
Read more

Also read:
▪ Stay on bail for long period affects personal liberty and rights, feel experts (The Indian Express / April 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)

HC grants bail to Sagar Gorkhe to attend brother’s wedding

29/04/2024 Asha

Sagar Gorkha, Ramesh Gaichor. Poster by #bakeryprasad

Hindustan Times / by Sahyaja MS

The cultural activist and member of Kabir Kala Manch is set to be released from Taloja Central Jail on May 1. He must return to the prison by May 4
The Bombay high court has granted temporary bail to Sagar Tatyaram Gorkhe, an accused in the Bhima-Koregaon conspiracy case, to attend his brother’s wedding in Pune. The cultural activist and member of Kabir Kala Manch is set to be released from Taloja Central Jail on May 1. He must return to the prison by May 4 and would be escorted by police personnel in the interim period.
Read more

Also read/watch:
▪ Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)
▪ Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
▪ Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

Former professor Shoma Sen released from prison

17/04/2024 Asha

by Nihalsing / @Nihalsingrathod (April 17):
#shomasen released

by Sushmita / @Sushmitav1 (April 17):
Prof Shoma Sen, accused in the Bhima Koregaon case, arrested in the first round of arrests in June 2018, finally gets bail. Hope truth will prevail and all accused falsely incarcerated will be released soon!

Former professor Shoma Sen released from prison

17/04/2024

Scroll.in / by Scroll Staff

On April 5, the Supreme Court had observed that the allegations of terrorism against Sen were prima facie untrue.
Former Nagpur University professor Shoma Sen was released from jail on Wednesday, days after she was granted bail by the Supreme Court in the Bhima Koregaon case. She had been in jail since June 6, 2018.
Sen’s lawyer, Indira Jaising, confirmed her release on X.
Read more

by Indira Jaising @Ijaising (April 17)
She is finally out , Shoma Sen wit her daughter outside Byculla jail

Former Nagpur University professor Shoma Sen walks out of prison

17/04/2024

The Hindu / by The Hindu Bureau

On April 5, the Supreme Court had observed that the accusations of terrorism against Shoma Sen were prima facie untrue and granted her bail
The former Nagpur University professor Shoma Sen walked out from Byculla Jail on Wednesday. She was received by her daughter and a photograph of Sen’s reunion with her family was shared by lawyer, advocate Indira Jaising on X (previously Twitter) saying, “She is finally out. Shoma Sen with her daughter outside Byculla Jail.”
Read more

by CPIML Liberation / @cpimlliberation (April 17):
#FreeAllPoliticalPrisoners | Shoma Sen is out of jail after more than six years of unjust incarceration. Bhima Koregaon, 2018 saw planned attack on Dalits, as they gathered to uphold fight of the oppressed castes against Brahminical hegemony, by right wing groups close to BJP. While known masterminds of the anti Dalit attacks roam free under today’s Manuvadi regime, civil rights activists face persecution under UAPA.

Also read:
▪ Explained: The Shoma Sen bail judgment (The Leaflet / April 2024)

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

09/04/2024 Asha

Stay on bail for long period affects personal liberty and rights, feel experts

09/04/2024

The Indian Express / by Sadaf Modak

Elgaar Parishad case accused Mahesh Raut and Gautam Navlakha remain in jail for over four months since grant of bail by the Bombay High Court.
The Supreme Court on Friday granted bail to activist and Nagpur University professor Shoma Sen, arrested six years ago in the Elgaar Parishad case. Two of her co-accused Mahesh Raut and Gautam Navlakha who were granted bail six and four months ago, respectively, by the Bombay High Court, continue to remain in jail awaiting their bail hearings in the SC which has stayed their release till it hears appeals against their bail.
Read more

By @apeksha_9 (April 5):
Revolutionary Salutes to Prof. Shoma Sen! Free All the Activists wrongfully incarcerated in the Bhima Koregaon case. Repeal UAPA.

As Shoma Sen gets bail, what is the status of other accused in Elgaar Parishad case?

05/04/2024

The Indian Express / by Sadaf Modak, Omkar Gokhale

Eight accused, including prominent activists, lawyers, and academics, have now been given bail. Two of them are yet to be released from custody. The case dates back to the beginning of 2018, but the trial is yet to commence
… Among the 16 individuals arrested in the case, one – Father Stan Swamy, an 84-year-old-priest and tribal rights activist based in Jharkhand – passed away in custody in July 2021.
Before Sen, seven other accused have been given bail. Two of these eight accused, however, are yet to be released from custody because the NIA has appealed the High Court’s bail orders in the SC.
Read more

Thread by BehanBox / @BehanBox (Apr 5):

(1/5) Today the Supreme Court granted bail to women’s rights activist #ShomaSen, accused under the Unlawful Activities (Prevention) Act, in the #BhimaKoregaon violence case. #bhimakoregaon
…
(5/5) 8 of the activists, namely Jyoti Jagtap, Sagar Gorkhe, Ramesh Gaichor, Mahesh Raut, Surendra Gadling, Sudhir Dhawale, Rona Wilson and Hany Babu, continue to languish in prison without trial.

Bhima Koregaon: The process continues to clot as punishment as another year passes by

01/01/2024

The Leaflet / Arif Ayaz Parrey, Sarah Thanawala

Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused.
Read more

Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

If you asked for house arrest, you have to pay security costs: Supreme Court to Gautam Navlakha

09/04/2024 Asha

‘You asked for house arrest, must pay for it’, SC tells Bhima Koregaon accused Gautam Navlakha

09/04/2024

Scroll.in / by Scroll Staff

The National Investigation Agency had earlier told the Supreme Court that the human rights activist is liable to pay Rs 1.64 crore for the cost of his security.
The Supreme Court on Tuesday told human rights activist Gautam Navlakha that he would have to pay the costs incurred by the National Investigation Agency towards his house arrest in the Bhima Koregaon case, reported Live Law.
Read more

If You Have Sought For House Arrest, You Must Pay The Expenses: Supreme Court Tells Bhima Koregaon Case Accused Gautam Navlakha

09/04/2024

Live Law / by Gyanvi Khanna

Today, the Supreme Court (on April 09) orally told Bhima Koregaon-accused Gautam Navlakha’s Advocate, Shadan Farasat, that if house arrest was sought, the surveillance expenses incurred by the National Investigation Agency (NIA) must be paid. However, Farasat submitted that paying the expenses was of no difficulty and that the issue is about calculating such expenses. He added that he would take the latest calculation from the Additional Solicitor General SV Raju, representing the NIA, and will address it.
Read more

If you asked for house arrest, you have to pay security costs: Supreme Court to Gautam Navlakha

09/04/2024

Bar & Bench / by Abhimanyu Hazarika

The NIA told the Court that Navlakha owed the agency about ₹1.64 crore in security costs.
… The Court was hearing NIA’s appeal against the Bombay High Court order that granted bail to Navlakha, an accused in the Bhima Koregaon riot case of 2018.
The activist’s plea concerning the terms of his house arrest is being heard along with the bail matter.
Read more

Also read:
▪ NIA asks Gautam Navlakha to pay Rs 1.64 crore towards the cost of his house arrest (Scroll.in / March 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)

Shoma Sen should have been released in 2018 / Explained: The Shoma Sen bail judgment

08/04/2024 Asha

Explained: The Shoma Sen bail judgment [read judgement]

08/04/2024

The Leaflet / by The Leaflet

The arguments, counter-arguments, and the many, many injustices and tethers of the judgment of the Supreme Court granting bail to former Nagpur University and women’s rights activist Shoma Sen, who spent six years in jail without a trial.
Read more
Read judgement

‘Shoma Sen should have been released in October 2018’

09/04/2024

Rediff.com / by Jyoti Punwani

‘Shoma didn’t have the luxury of time. She was already suffering from so many ailments.’
Professor Shoma Sen, among the first to be arrested in the Elgar Parishad case, got bail on April 5, after spending almost 6 six years in jail. Advocate Susan Abraham explains to Jyoti Punwani why the Nagpur professor should have been out more than 5 years ago.

The question everyone’s asking is: If the Supreme Court has found no prima facie evidence against Shoma Sen, why did it take so long for her to get bail?
Read more

BREAKING: Supreme Court grants bail to Shoma Sen / SC sets strict bail conditions

05/04/2024 Asha

No Ground To Believe Accusations Against Shoma Sen Are Prima Facie True: Supreme Court [read judgment]

05/04/2024

Live Law / by Gyanvi Khanna

The Court observed that the materials collected by the NIA only reveal her attempt to encourage women to join the struggle for a “new democratic revolution” and showed no attempt to commit any “terrorist act”.
While granting bail to Shoma Sen, nearly six years after her arrest in the Bhima Koregaon case, the Supreme Court on Friday (April 5) raised prima facie doubts over the tenability of the allegations against her regarding the commission of offences under the Unlawful Activities Prevention Act 1967 (UAPA).
Read more
Read/ download the judgment

BREAKING | Supreme Court Grants Bail To Shoma Sen In Bhima Koregaon Case

05/04/2024

Live Law / by Gyanvi Khanna

The Supreme Court (on April 05) granted bail to former Nagpur University professor Shoma Sen who is booked under the Unlawful Activities Prevention Act 1967 (UAPA) for alleged Maoist links in connection with the Bhima Koregaon case.
She was arrested on June 6, 2018, and has been under custody since then, awaiting trial.
Read more

Thread by Live Law / @LiveLawIndia (Apr 5):
The bail conditions that will be imposed by the Special Court will be inclusive of the following conditions:

1. Sen shall not leave the State of Maharashtra;
2. She will surrender her passport, if she possesses one with the Special Court, during her bail period;
3. She is also required to inform her residential address to the officer of the NIA;
4. She is allowed to use only one mobile number during her bail, and the same shall be informed the officer of the NIA;
5. She shall also ensure that her mobile remains active and charged around the clock;
6. During the bail period, she shall have the GPS of her mobile phone active throughout the day, and her phone will be paired with the investigating officer of the NIA;
7. She will report to the station house officer, within whose jurisdiction she will reside, once every fortnight.

In the event there is any breach of such condition or any other condition imposed by the Special Court independently, it will be open for the prosecution to seek cancellation of bail granted to Sen before the Special Court only with any reference to this (Supreme Court)

Share Gps live location with nia 24×7: Supreme Court bail conditions for Shoma Sen [read judgment]

06/04/2024

Bar & Bench / by Debayan Roy

Pertinently, another bench of the Supreme Court itself had previously raised doubts with regard to bail condition asking accused to share their real time location with the prosecuting agencies.
The Supreme Court while granting bail to the Dalit and women’s rights activist Shoma Sen in the Bhima Koregaon violence case imposed a unique set of conditions to enable access of her real time location to the National Investigation Agency (NIA) [Shoma Kanti Sen vs State of Maharashtra and Anr].
Read more
Read judgment

Supreme Court grants bail to Shoma Sen in Bhima Koregaon case

05/04/2024

Bar & Bench / by Debayan Roy

The Court passed the order after noting that the National Investigation Agency (NIA) did not oppose her bail and hence, the stringent conditions for bail under the Unlawful Activities Prevention Act would not apply.
A bench of Justices Aniruddha Bose and Augustine George Masih passed the order after noting that the National Investigation Agency (NIA) did not oppose her bail and hence, the stringent conditions for bail under the Unlawful Activities Prevention Act (UAPA) would not apply.
Read more

Allegations of terrorism against Bhima Koregaon accused Shoma Sen prima facie untrue: Supreme Court

06/04/2024

Scroll.in / by Scroll Staff

The bench remarked that no evidence had been placed before it to suggest that the former professor is a member of the banned Communist Party of India (Maoist).
The Supreme Court on Friday, while granting bail to former Nagpur University professor Shoma Sen in the Bhima Koregaon case, observed that the allegations of terrorism against her are prima facie untrue, reported Live Law.
Read more

Breaking | Supreme Court Grants Bail to Shoma Sen, in Jail for 6 Years

05/04/2024

The Wire / by The Wire Staff

An apex court bench took into account her prolonged incarceration, the delay in trial starting and the nature of the accusations.
The Supreme Court has granted bail to scholar and activist Shoma Sen who has been jailed for close to six years under the Unlawful Activities Prevention Act in the Elgar Parishad case.
Sen is based in Nagpur and was arrested on June 6, 2018 by the Pune Police. She has been in custody since then. The National Investigation Agency took over the case in the meantime. It is yet to go to trial.
Read more

Also read:
▪ After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen (The Wire / March 2024)
▪ “Hopefully waiting” writes Shoma Sen from prison (InSAF India / Jul 2023)

Hany Babu defends bail plea in Supreme Court

20/03/2024 Maya

by Live Law / @LiveLawIndia (March 20):
Bhima Koregaon accused Hany Babu defends bail plea in #SupremeCourt, arguing that the only evidence against him was that he raised awareness and legal defence on behalf of recently-acquitted GN Saibaba.
#BhimaKoregaon #SupremeCourtofIndia

Bench ultimately declines to hear the matter today after time is sought on behalf of the NIA to file a counter-affidavit.
Two week is granted to the agency to file its response.

Also read:
▪Supreme Court Issues Notice To NIA On Professor Hany Babu’s Bail Plea (Live Law / Jan 2024)

▪ Bombay High Court Refuses Bail To DU Professor Hany Babu

(Live Law / Sep 2022)
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.
Read more