Kabir Kala Manch Incited Hatred By Ridiculing Phrases Acche Din, Demonetization In Plays: Bombay HC [read order]
18/10/2022
Live Law / by Sharmeen Hakim
Text ridiculing phrases like ‘Ram Mandir’ and ‘Acche Din’ aimed at the democratically elected government in Kabir Kala Manch’s plays at the Elgar Parishad event in 2017 incited hatred & passion and indicate a larger conspiracy, the Bombay High Court has held.
In its detailed order refusing bail to accused Jyoti Jagtap under UAPA, the HC also took exception to the mention of ‘gomutra,’ ‘calling the PM an ‘infant,’ ‘sanatan dharma,’ ‘atrocities of peshwas towards dalits’ and ‘atrocities of dalits in today’s India’ etc. Read more
Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court
17/10/2022
India Today / by Vidya
Jyoti Jagtap was an active member of the KKM which, during its stage play at the Elgar Parishad conclave on December 31, 2017, gave not only “aggressive but highly provocative slogans”, the court said.
The Kabir Kala Manch (KKM) admittedly performed and incited hatred by performing on an agenda in the Elgar Parishad event, the judgment passed by the division bench of Justices AS Gadkari and MN Jadhav of the Bombay High Court observed while rejecting the bail plea of one of the accused, Jyoti Jagtap. Read more
Bombay HC rejects activist Jyoti Jagtap’s bail petition
17/10/2022
Scroll.in / by Scroll Staff
A bench comprising Justices Ajay Gadkari and Milind Jadhav observed that the case filed against her by the National Investigation Agency was prima facie true.
The Bombay High Court on Tuesday rejected a bail application filed by activist Jyoti Jagtap, one of the accused persons in the Bhima Koregaon case, Bar and Bench reported.
Jagtap, who is a member of cultural organisation Kabir Kala Manch, has been in prison since September 2020. On Monday, a bench of Justices Ajay Gadkari and Milind Jadhav rejecting her bail plea, observing that the case filed against her by the National Investigation Agency was prima facie true. Read more
Bombay High Court rejects bail plea of Jyoti Jagtap
17/10/2022
Bar & Bench / by Neha Joshi
A bench of Justices AS Gadkari and Milind Jadhav observed that the NIA case was prima facie true and considering the material against Jagtap, the appeal challenging rejection of bail by Special Court stood dismissed.
The Bombay High Court on Tuesday rejected the regular bail application filed by Jyoti Jagtap, one of the youngest accused in the Bhima Koregaon case of 2018.
Jagtap, allegedly part of the banned performance group by the name Kabir Kala Manch (KKM), had approached the High Court in appeal after a Special Court under the National Investigation Act (NIA) had rejected her bail application on February 14 this year
The high court bench of Justice AS Gadkari and Milind Jadhav, hwoever, rejected the appeal today. Read more
Bombay High Court Denies Bail to Jyoti Jagtap
17/10/2022
Live Law / by Sharmeen Hakim
The Bombay High Court on Monday denied bail to Jyoti Jagtap, an accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror Unlawful Activities (Prevention) Act (UAPA).
Jagtap, 32, is allegedly a member of Kabir Kala Manch — a cultural group branded as a front organisation of the banned CPI (Maoist). She was arrested by the NIA in September, 2020.
According to NIA, Jagtap and others organised the Elgar Parishad on December 31, 2017 that led to violence the following day. Read more
After 5 benches recuse, Elgaar case accused seeks suitable HC bench
30/09/2022
The Indian Express / by Sadaf Modak
Wilson had, in February 2021, moved a petition before the high court citing the report of a US-based digital consultant which said that his computer was ‘infected with malware’ planted two years before his arrest in 2018. The last effective hearing before the high court on Wilson’s petition was on August 4, 2021.
Activist Rona Wilson, an accused in the Elgaar Parishad case, on Thursday told a special court that he has written to the Chief Justice of Bombay High Court seeking a suitable bench to hear and dispose of a petition filed by him in a time-bound manner, as five benches have, so far, recused themselves from hearings on the case. Read more
Rona Wilson writes to high court CJ for early hearing of discharge plea
30/09/2022
Hindustan Times / by Charul Shah
Rona Wilson, an accused in the Elgar Parishad-Bhima Koregaon violence case, has requested the Chief Justice of Bombay high court to expedite the hearing of his discharge plea based on the report by an American digital consultancy firm.
He had approached the high court in February last year to quash the case against him and to issue directions for setting up a special investigation team headed by a retired supreme court or high court judge to conduct a forensic analysis of the electronic evidence the police claimed to have collected against the accused. Read more
Supreme Court declines Gautam Navlakha’s plea for house arrest, directs immediate medical treatment
29/09/2022
The Leaflet / by Sarah Thanawala
On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, denied petitioner Gautam Navlakha’s plea to transfer him from Taloja Central Jail, where he is currently lodged, and place him in house arrest for two weeks to enable him to undergo colonoscopy. The court, however, passed an urgent order directing Navlakha to be immediately taken for a thorough medical treatment. Read more
Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities
29/09/2022
Live Law / by Rintu Mariam Biju
While considering the petition filed by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest, the Supreme Court on Thursday directed that he be taken to a hospital of his choice immediately for a thorough medical check-up.
The Court will consider his plea next on October 21. The hospital has been asked to submit a report to the Court based on the check-up. Read more
Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities
29/09/2022
Scroll.in. / by Scroll Staff
The court initially read an order allowing the activist to be put under house arrest, but revised it after Solicitor General Tushar Mehta opposed the judgement.
The Supreme Court on Thursday directed the Taloja jail authorities to admit activist Gautam Navlakha to a hospital for medical check up and treatment, reported Live Law. The court said he will remain under police custody during his treatment. Read more
Day to day hearing of discharge applications in Bhima Koregaon – Elgar Parishad case begins
Day to day hearing of discharge applications in Elgar Parishad case begins
28/09/2022
India Today / by Vidya
A special National Investigation Agency court in Mumbai began a day-to-day hearing of four discharge applications filed by the Elgar Parishad. Highlights
▪ Mumbai’s special National Investigation Agency court began a day-to-day hearing in Elgar Parishad case
▪ The court to hear four discharge applications filed by the accused
▪ Three more discharge applications were filed on Tuesday
… Procedurally, courts hear the discharge applications, and if it finds no material against the accused in the charge sheet filed by the investigators, it discharges the accused.
However, if the court finds substantial evidence, the discharge plea gets rejected, and a full-fledged trial ensues. Read more
Bhima Koregaon case trial process begins over four years after case was registered
28/09/2022
Scroll.in / by Scroll Staff
An NIA court started hearing a discharge plea filed by Sudhir Dhawale, one of the accused persons.
A Mumbai court on Tuesday started hearing the first of the seven discharge applications filed by accused persons in the Bhima Koregaon case, Bar and Bench reported. The hearing marks the beginning of the trial process in the case four years after it was filed in 2018.
The development came after the Supreme Court, on August 19, ordered a National Investigation Agency court to decide on framing charges against the accused persons within three months. Read more
Mumbai Court begins hearing discharge applications of accused
28/09/2022
Bar & Bench / by Neha Joshi
The Court also rejected an application filed by octogenarian P Varavara Rao seeking permission to live in Hyderabad for 3 months in order to conduct cataract surgery.
A Mumbai court on Tuesday began hearing the first of the seven discharge applications filed by the accused in the Bhima Koregaon case of 2018.
The hearing on discharge is the first step towards framing of charges, thus, kick-starting the trial in the case which has been pending in the pre-trial stage since 2018.
This development comes in compliance with the directions of the Supreme Court in August asking the special court to decide on framing of charges within 3 months. Read more
Three more accused, including activist Navlakha, seek discharge in Elgar case
27/09/2022
The New Indian Express / by pti
While Navlakha and Babu are currently in jail under judicial custody, Bharadwaj is out on bail.
Activists Gautam Navlakha, Sudha Bharadwaj and Delhi University professor Hany Babu, all accused in the Elgar Parishad-Maoist links case, on Tuesday moved discharge applications before the special National Investigation Agency (NIA) court here …
Meanwhile, the court on Tuesday heard the arguments on the discharge plea of another accused, Sudhir Dhawale. The arguments will continue on Wednesday …
The discharge pleas of some other accused – Jyoti Jagtap, Anand Teltumbde and Mahesh Raut – were also pending before the court. Read more
SC Seeks Responses On Gautam Navalkha’s Plea For House Arrest / Setalvad’s Personal Plea
The Supreme Court of India on Tuesday sought the responses of the National Investigation Agency and State of Maharashtra in a petition moved by Gautam Navalkha seeking to be placed in house arrest instead of Taloja jail in connection with the Bhima Koregaon case.
A bench comprising Justices KM Joseph and Hrishikesh Roy, while considering the matter, asked the counsel appearing for the petitioner to brief them on the present plea.
… The matter will be next taken up on September 29 Read more
A Home Behind Bars: Teesta Setalvad’s Personal Plea for ‘House Arrest’ for Political Prisoners
28/09/2022
The Wire / by Teesta Setalvad
The activist-writer, herself incarcerated for 63 days this June-September, makes a strong plea for the recognition of political prisoners and the option of house arrest – if at all, they deserve incarceration.
The prison, it is famously said, holds a mirror to society. The conditions within prisons, to stretch this analogy further, reflect the quality of any democracy. By that yardstick, India needs a hard and harsh soul-search. Not only has our collapsing criminal justice system ensured a mockery of reasonably speedy trials but tardy and often skewed (if not biased) investigations and prosecutions have ensured that undertrials languish unforgotten in our jails, for decades. Read more
Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in case
Allowing Varavara Rao to travel will delay framing of charges, says NIA court
27/09/2022
Scroll.in / by Scroll Staff
The 83-year-old activist had told the judge that he has cataracts in both eyes and the condition requires surgery.
Framing of charges in the Elgar Parishad case will get delayed if Varavara Rao is allowed to travel to Hyderabad for cataract surgery, a National Investigation Agency court has said while denying permission to the activist, Live Law reported.
Rao was denied permission to travel by the court on Friday. A detailed order was made available on Monday. Read more
Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court
26/09/2022
Live Law / by Live Law News Network
Observing that framing of charges in the 2018 Bhima Koregaon-Elgar Parishad caste violence case will get delayed, the Special Court last week rejected poet-accused Varavara Rao’s application to undergo cataract treatment in Hyderabad.
Special Judge Rajesh Katariya cited the recent SC judgement granting Rao bail in which it was said that a decision on framing of charges must be taken within three months. Read more
Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in Elgar Parishad case
26/09/2022
India Toda / by Vidya
The NIA opposed the application, saying the treatment sought by Rao was available in Mumbai and that he was only seeking to nullify the SC’s terms for granting him medical bail.
A special NIA court in Mumbai has rejected the request of Telugu poet and Elgar Parishad accused Varavara Rao to go to Hyderabad for three months to undergo cataract surgery. The court said it had to frame charges against the accused within the next three months and so rejected the request. Read more
Court rejects Varavara Rao’s plea for short stay in Hyderabad for cataract surgery
24/09/2022
Hindustan Times / by Charul Shah
The special National Investigation Agency (NIA) court on Friday rejected the plea of Telugu poet Varavara Rao, an accused in the Elgar Parishad – Bhima Koregaon violence case, seeking permission for a short stay in Hyderabad for undergoing cataract surgery. Read more
Court Rejects Varavara Rao’s Plea To Go To Hyderabad For Eye Surgery
23/09/2022
Outlook India / by pti
A special National Investigation Agency (NIA) court in Mumbai on Friday rejected the plea of poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, seeking permission to travel to Hyderabad for cataract surgery.
The Supreme Court had, in August, granted medical bail to the 82-year-old activist, with his bail conditions being set by the special NIA court presiding over the case. Read more
Bombay HC rejects Hany Babu’s bail plea: ‘Prime facie conspired and abetted terrorist act’
20/09/2022
The Indian Express / Omkar Gokhale
Babu was arrested by the NIA in 2020 for being “actively involved” with banned CPI (Maoist) and booked under charges, including criminal conspiracy and under the Unlawful Activities (Prevention) Act.
The Bombay High Court Monday turned down an appeal filed by Elgaar Parishad case accused and former Delhi University associate professor Hany Babu, challenging the rejection of his bail plea by a special NIA court. The court had concluded the hearing on Babu’s plea on August 29 before reserving its verdict. Read more
Bombay High Court Refuses Bail To DU Professor Hany Babu In Elgar Parishad Case [read judgment]
19/09/2022
Live Law / by Sharmeen Hakim
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.
Prof Babu was arrested by the National Investigating Agency on July 28, 2020 in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
he court relied on a “Secrecy Handbook” allegedly recovered from Babu on setting up a secret network and avoiding surveillance, which explicitly states that “if one comrade is arrested, other comrades must do everything to help…by providing legal representation, publicity and organising protest.” Read more
Bombay HC refuses bail to DU professor Hany Babu
19/09/2022
Bar & Bench / by Neha Joshi
A bench of Justices Nitin Jamdar and NR Borkar rendered the verdict today in an appeal filed by Babu challenging an order of the Special National Investigation Agency (NIA) Court rejecting his bail application.
The Bombay High Court on Monday rejected the regular bail application filed by Delhi University professor Hany Babu, one of the accused in the Bhima Koregaon riots case of 2018. Read more
Bombay HC Denies Bail to Hany Babu in Elgar Parishad Case, Upholds Trial Court Verdict
19/09/2022
The Wire / by The Wire Staff
The National Investigation Agency has accused Babu of being a “co-conspirator” in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist).
Bombay high court on Monday, September 19, rejected the bail plea filed by Delhi University’s associate professor Hany Babu, who is an accused in the Elgar Parishad-Maoist links case.
A division bench of Justices N. M. Jamdar and N.R. Borkar upheld the earlier ruling of a special National Investigation Agency (NIA) court, which had denied him bail. Read more
Citing the Supreme Court direction to decide on framing of charges and discharge pleas of the accused within three months, the court also said it will begin hearing the discharge applications of four accused from next week.
The special court hearing the Elgaar Parishad case directed an officer of the National Investigation Agency (NIA) to remain present before it for a report on the pending issue of providing cloned copies of electronic devices to all the accused. Read more
