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

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

Arun Ferreira

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

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

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.
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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:
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

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

Varavara Rao

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.
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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

Enforcement Directorate to question Surendra Gadling about allegedly funding Maoists

Surendra Gadling

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

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

Surendra Gadling

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]

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

VV Rao, March 2021

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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Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court

Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court

Varavara Rao

Varavara Rao’s Acts Were Against The State, Not Entitled To Bail: NIA To Supreme Court

09/08/2022

Live Law / by Shruti Kakkar

The National Investigation Agency on Monday told the Supreme Court that it is not justifiable for Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao to seek bail on constitutional grounds when his acts are against the interest of the society and state.
“The act of the petitioner/accused has a direct impact on the unity, integrity, security and sovereignty of India. Needless to revisit the history even to date the Naxalite- Maoist insurgency has been plaguing in this country that caused immense destruction, and very significantly took many lives of police, security personnel, etc., which is principally spearheaded by the Communist Party of India (Maoist).
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Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court

09/08/2022

Scroll.in / by Scroll Staff

The probe in the Bhima Koregaon case has revealed that the activist was pursuing the agenda of the CPI(M) to topple the democratic government, the NIA alleged.
The National Investigation Agency on Monday submitted an affidavit to the Supreme Court stating that granting permanent bail to activist Varavara Rao may have a direct impact on “the unity, integrity, security and sovereignty” of the country, the Hindustan Times reported.
Rao, 83, is among the 16 activists who have been charged under the stringent Unlawful Activities (Prevention) Act for allegedly conspiring to set off caste violence in Bhima Koregaon village near Pune in 2018.
Read more


Varavara Rao’s deeds are against State and public; deserves no relief: NIA to SC

09/08/2022

Hindustan Times / by Abraham Thomas

Ahead of his bail plea hearing in connection with the Bhima Koregaon violence case of 2018, the National Investigation Agency (NIA) on Monday told the Supreme Court that awarding relief to 83-year-old Telugu poet P Varavara Rao may have a ‘direct impact on the unity, integrity, security and sovereignty of the country’.
The Supreme Court last month extended Rao’s interim bail till August 10 on medical grounds.
Read more


Also read:
Supreme Court to hear Varavara Rao’s plea for permanent medical bail on August 10; he is not required to surrender until further orders (The Leaflet / July 2022)

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice to record his statement

31/07/2022

The Leaflet / by Sarah Thanawala

Arun Ferreira files application to seek production of order on the seizure of emails; Gautam Navlakha gives rejoinder to NIA’s arguments against his bail application
On July 28, the Enforcement Directorate (‘ED’) approached the special National Investigation (‘NIA’) court, presided by Special Judge Rajesh Kataria, seeking permission to record human rights lawyer and Dalit rights activist Surendra Gadling’s statement for his alleged connection with money laundering.
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ED moves NIA Court to question accused Surendra Gadling in money laundering case

30/07/2022

Bar & Bench / by Satyendra Wankhade

The Special NIA Court has granted time to Gadling to respond to ED’s application by August 10.
A special court in Mumbai on Friday granted Surendra Gadling – one of the accused in the Bhima Koregaon case — time to reply to the application filed by the Enforcement Directorate (ED) seeking to record his statement in connection with a money laundering case registered by the agency last year in which he is allegedly a prime suspect.
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ED To Investigate Bhima Koregaon Accused For Money Laundering, Seeks Permission To Record Surendra Gadling’s Statement

30/07/2022

Live Law / by Sharmeen Hakim

Over four and a half years after the Bhima Koregaon – Elgar Parishad caste violence incident, the Enforcement Directorate is pursuing money laundering proceedings against certain civil liberties activists accused in the case.
The ED has approached the Special Court in Mumbai seeking permission to record accused Advocate Surendra Gadling’s statement under section 50(2) of the PMLA Act regarding an ECIR registered last year.
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Now, ED Wants to Probe Elgar Parishad Case, Accuses Surendra Gadling of ‘Money Laundering’

29/07/2022

The Wire / by Sukanya Shantha

The central agency has sought permission from a court in Mumbai to investigate into the enforcement case information report (ECIR) registered against the activist in March 2021.
The Enforcement Directorate on Thursday, July 28, moved an application before a special court seeking permission to question Surendra Gadling, one of the activists jailed in the Elgar Parishad case, in connection with an enforcement case information report (ECIR) registered against him in March 2021.
The Nagpur-based human rights activist has already been in jail for four years and will now be probed by ED in a “money laundering” case.
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Enforcement Directorate seeks to record Surendra Gadling’s statement

29/07/2022

The Indian Express / by Sadaf Modak

The ED approached a special court stating that the investigators want to record his statement in jail and sought permission for it. The court issued notice to Gadling to reply to ED’s plea. It is likely to be heard on Friday.
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Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

Arun Ferreira

Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

30/07/2022

The Wire / by The Wire Staff

The National Investigation Agency, however, contended that the emails were not intercepted, but were downloaded during the investigation by following due procedure.
Activist Arun Ferreira, an accused in the Elgar Parishad-Maoist links case, told a special court here on Friday, July 29, that the electronic evidence (emails), relied on by the prosecution as evidence in the case, was obtained “without proper authorisation”.
The National Investigation Agency (NIA), however, contended that the emails were not intercepted, but were downloaded during the investigation by following due procedure.
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Elgar Parishad case: Accused claims emails intercepted without valid authorisation

30/07/2022

Hindustan Times / by Charul Shah

While arguing his plea on Friday, Ferreira said that the court hast scheduled the case for framing of charges hence before trial began, the should be provided with a copy of the order.
Arun Ferreira, one of the accused in the Elgar Parishad case, on Friday alleged that the email recovered from the devices of accused Rona Wilson by the prosecutions was intercepted without any valid authorisation.
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ED moves NIA Court to question accused Surendra Gadling in money laundering case

30/07/2022

Bar & Bench / by Satyendra Wankhade

The Special NIA Court has granted time to Gadling to respond to ED’s application by August 10.
… Meanwhile Arun Ferreira – another accused in the Elgaar Parishad case – on Friday told a special court that certain emails relied upon by the prosecution as evidence were intercepted without authorisation as the National Investigating Agency (NIA) had not provided an order from a competent authority regarding their interception.
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NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

23/07/2022

The Leaflet / by Sarah Thanawala

On July 22, Special Public Prosecutor for National Investigation Agency (‘NIA’), Prakash Shetty, argued against the bail application of journalist and human rights activist Gautam Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, charged under the Unlawful Activities (Prevention) Act, 1967. The application was being heard before the NIA’s special court in Mumbai, by special judge Dinesh E. Kothalikar.
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State denies phone call facility to jailed activist Gautam Navlakha

21/07/2022

Hindustan Times / by HT Correspondent

The state prison authorities on Wednesday told the Bombay High Court (HC) that Elgar Parishad accused Gautam Navlakha, booked under the Unlawful Activities (Prevention) Act (UAPA), cannot be permitted telephone calls from prison as per the existing rules
The state prison authorities on Wednesday told the Bombay High Court (HC) that Elgar Parishad accused Gautam Navlakha, booked under the Unlawful Activities (Prevention) Act (UAPA), cannot be permitted telephone calls from prison as per the existing rules.
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Can’t let Gautam Navlakha make calls from jail, Maharashtra government tells HC

20/07/2022

Scroll.in / by Scroll Staff

The state government’s lawyer told the court that the activist could not be given the facility as he was facing charges of terrorism.
The Maharashtra government on Wednesday opposed activist Gautam Navlakha’s request to make phone calls from prison, PTI reported.
Read more


Also read:
● NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)