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Category: Case Update

Four accused move special NIA court seeking discharge application ahead of framing of charges

Four accused move special NIA court seeking discharge application ahead of framing of charges

Four accused move special NIA court in Mumbai seeking discharge application

30/04/2022

The Leaflet / by Sabah Gurmat

After the youngest accused in the Bhima Koregaon (Elgar Parishad) case, Jyoti Jagtap of the Kabir Kala Manch [KKM] filed an application on Wednesday seeking discharge, more accused have approached the National Investigation Agency [NIA]’s special court seeking discharge from all the charges imposed against them in the 2018 case.
Among the other accused, scholar, writer and activist Anand Teltumbde, activist Mahesh Raut, and activist and publisher Sudhir Dhawale sought discharge from charges in the Bhima Koregaon violence case.
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Three accused seek discharge in Elgar Parishad case ahead of framing of charges

29/04/2022

India Today / by Vidya

Three more accused have filed discharge applications in the Elgar Parishad case ahead of the framing of charges.
Three more accused have filed applications seeking discharge ahead of the framing of charges against them in the Elgar Parishad case. Accused professor Anand Teltumbde, Dalit scholar Sudhir Dhawale and activist Mahesh Raut have filed the applications. The Special Court under the National Investigation Agency (NIA) Act will now be hearing the four discharge applications, including that of Jyoti Jagtap.
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Activist Anand Teltumbde moves discharge application

28/04/2022

The New Indian Express / by pti

Activist Anand Teltumbde, an accused in the Elgar Parishad-Maoist link case, on Thursday moved a discharge application before the special National Investigation Agency (NIA) court here, stating that the probe agency has not produced any material to show that he is a member of CPI (Maoist) or his alleged role in the case.
… Besides Teltumbe, other accused Sudhir Dawale and Mahesh Raut also sought discharge from the case.
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Anand Teltumbde seeks discharge from Bhima Koregaon case, says no material to show he is linked to CPI (Maoist)

28/04/2022

Free Press Journal / by Staff Reporter

Regarding an allegation of the National Investigation Agency (NIA) that he is a member of the banned organization, he has pointed out that a witness cited by the NIA in its supplementary charge sheet had mentioned a book authored by him titled ‘Anti-Imperialism and Annihilation of Caste’.
Professor and Dalit scholar Anand Teltumbde accused in the Bhima-Koregaon case has sought a discharge from the case, stating in his plea that the investigating agency has not produced any material before the court to show that he is a member of the banned Communist Party of India (Maoist).
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One accused files discharge plea in special court, five more intend to do so today

28/04/2022

The Indian Express / by Express News Service

Special judge Dinesh E Kothalikar said the Bombay High Court has directed that the case be proceeded with on a daily basis and that he expects cooperation from both parties so that charges can be framed.
In the Elgaar Parishad case, accused Jyoti Jagtap filed a discharge application on Wednesday, while five others also sought to file discharge pleas on Thursday before the special court. The court had directed all accused to remain present before the court on Wednesday to proceed with framing of charges against them.
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Also read:
● Charges to be framed next week, all accused asked to remain present in court (The Indian Express / April 2022)
● NIA files draft charges against accused in Elgar Parishad case (India Today / Aug 2021)

Jyoti Jagtap files discharge plea in special court, five more intend to do so

Jyoti Jagtap files discharge plea in special court, five more intend to do so

One accused files discharge plea in special court, five more intend to do so today

28/04/2022

The Indian Express / by Express News Service

Special judge Dinesh E Kothalikar said the Bombay High Court has directed that the case be proceeded with on a daily basis and that he expects cooperation from both parties so that charges can be framed.
In the Elgaar Parishad case, accused Jyoti Jagtap filed a discharge application on Wednesday, while five others also sought to file discharge pleas on Thursday before the special court. The court had directed all accused to remain present before the court on Wednesday to proceed with framing of charges against them.
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Jyoti Jagtap files for discharge

27/04/2022

Hindustan Times / by Charul Shah

The Elgaar Parishad was an event held on December 31, 2017, in Pune’s Shaniwar Wada to commemorate the anniversary of the Battle of Koregaon Bhima. It had approximately 35,000 people in attendance.
Jyoti Jagtap, arrested by the National Investigation Agency (NIA) for her purported involvement in the Elgar Parishad case, on Wednesday filed for discharge citing a lack of evidence against her.
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Youngest accused Jyoti Jagtap moves Special Court for discharge

27/04/2022

Bar & Bench / by Neha Joshi

Jagtap was arrested on September 8, 2020 and a chargesheet was filed in October 9, 2020.
Kabir Kala Manch (KKM) member and youngest accused in the Bhima Koregaon case Jyoti Jagtap has filed an application before the Special Court seeking discharge from all charges in the 2018 case.
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Also read:
● Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
● NIA files draft charges against accused in Elgar Parishad case (India Today / Aug 2021)

Bombay HC Dismisses Gautam Navlakha’s Plea To Shift Him To House Arrest [read judgement]

Bombay HC Dismisses Gautam Navlakha’s Plea To Shift Him To House Arrest [read judgement]


Desolation of the anda cell / drawing by Arun Ferreira

Jail authorities should have considered books as an essential commodity during COVID: Bombay HC [read judgement]

27/04/2022

Bar & Bench / by Satyendra Wankhade

“During such terrible times, nothing more could have provided solace to a jail inmate than a book of his choice,” a Bench of Justices SB Shukre and GA Sanap said.
Jail authorities should have considered books as an essential commodity during COVID-19 pandemic, the Bombay High Court observed while dismissing a plea filed by Bhima Koregaon accused Gautam Navlakha requesting to be transferred to house arrest from jail [Gautam Navlakha v. National Investigation Agency & Anr.]
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Bombay High Court dismisses Gautam Navlakha’s plea seeking transfer from jail to house arrest

26/04/2022

The Indian Express / by Omkar Gokhale

A division bench of Justice Sunil B Shukre and Justice Govinda A Sanap also directed the Superintendent of Taloja central prison to ensure medical facilities are provided to the petitioner.
The Bombay High Court Tuesday dismissed a plea by Gautam Navlakha, an accused in the Elgaar Parishad case, seeking transfer from the Taloja Central Prison in Navi Mumbai to judicial custody in the form of house arrest, alleging denial of basic medical care and other necessities.
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Bombay high court dismisses activist Gautam Navlakha’s plea of being shifted from jail to ‘house arrest’

26/04/2022

The Times of India / by Swati Deshpande

The Bombay high court on Tuesday dismissed a petition filed filed by activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist link case, seeking that he be placed under house arrest instead of judicial custody in the Taloja Jail as it lacked basic facilities.
He had cited poor health and inadequate medical facilities and lack of basic necessities in prison, as grounds forseeking the shift.
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Bombay High Court Dismisses Gautam Navlakha’s Plea To Shift Him To House Arrest

26/04/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Tuesday dismissed a petition by senior journalist Gautam Navlakha seeking to shifted out of Taloja Prison and be placed under house arrest, instead, in the Bhima Koregaon – Elgar Parishad Caste violence case.
A division bench of Justices Sunil Shukre and GA Sanap said that whatever grievances Navlakha had in prison could be placed before the trial court for appropriate action.
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Bombay High Court dismisses Gautam Navlakha plea to be moved from prison to house arrest

26/04/2022

Bar & Bench / by Neha Joshi

Navlakha was granted liberty to bring to the attention of the Special NIA Judge all difficulties faced by him, which the judge was directed to redress as per law.
The Bombay High Court on Tuesday dismissed the plea filed by Bhima Koregaon accused Gautam Navlakha to be transferred from Taloja Prison and placed under house arrest instead.
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Varavara Rao pleas dismissed, HC asks prison to adopt measures to improve medical facilities [read order]

Varavara Rao pleas dismissed, HC asks prison to adopt measures to improve medical facilities [read order]

Bombay HC gives reasons for denying permanent bail to Varavara Rao, directs review of medical facilities in all prisons in Maharashtra [read order]

23/04/2022

The Leaflet / by Sarah Thanawala

On Friday, the Bombay High Court’s division bench of justices Sunil B. Shukre and G.A. Sanap passed the reasoned order to extend the temporary bail, of poet-activist and Bhima Koregaon case accused P. Varavara Rao, by three months.  The Court had earlier passed the initial order on April 13 to this effect.
The Court was hearing a batch of petitions filed by Rao, which prayed for modification of the High Court’s previous order releasing him on temporary medical bail on the condition that he wouldn’t leave the jurisdiction of Mumbai. Rao had prayed to the court to modify his temporary release into a permanent medical bail and to allow him to move to Hyderabad, where his family resides, as the cost of living in Mumbai was very high for him.
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Take Corrective Measures So Accused Can’t Cite Poor Medical Facilities To Seek Bail: Bombay HC To Jail Authorities On Dismissing Varavara Rao’s Plea

23/04/2022

Live Law / by Sharmeen Hakim

The Bombay High Court has issued certain directions for improving prison conditions and medical facilities therein, so that complaints of Bhima Koregaon accused Varavara Rao as well as those made by other prison inmates are addressed, and there is no scope for them to seek bail on those grounds in the future.
“If the strict view of the matter is not taken and appropriate directions are not issued to rectify the deficiencies, all the under-trial prisoners would make a grievance of the same and apply for bail,” their order refusing permanent bail on medical grounds to Rao.
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Varavara Rao pleas dismissed, HC asks prison to adopt measures to improve medical facilities

23/04/2022

The Indian Express / by Express News Service

Senior advocate Anand Grover, representing Rao, who was arrested in August 2018, had contended that Varavara Rao’s condition was worsening due to Parkinson’s and his health is incompatible with the environment of Taloja central jail.
The Bombay High Court, while dismissing pleas filed by Elgaar Parishad case accused Varavara Rao, who had sought permanent medical bail and permission to shift to Hyderabad citing ill health and high expenses in Mumbai, has directed that corrective measures be adopted to improve conditions and medical facilities at state prisons.
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‘Seriousness & Severity Of Crime Would Remain Till Such Time The Accused Is Pronounced Not Guilty’: Bombay HC While Rejecting Varavara Rao’s Bail Plea

23/04/2022

Live Law / by Sharmeen Hakim

Refusing to grant permanent bail on medical grounds to Bhima Koregaon – Elgar Parishad accused poet Varavara Rao the Bombay High Court said that prima facie observations regarding “seriousness and severity” of the crime he is accused of would remain till he is pronounced “not guilty.”
Therefore, based on Rao’s sound clinical summary dated December 15, 2021, and the allegations against him of being the “main conspirator,” he was not entitled to medial bail, the court held.
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Charges to be framed next week, all accused asked to remain present in court

Charges to be framed next week, all accused asked to remain present in court

The Indian Express / by Sadaf Modak

The NIA had submitted draft charges in August last year based on which the court will decide on the charges to be framed against the accused.
The special court hearing the Elgaar Parishad case on Tuesday directed both the accused and the National Investigation Agency (NIA) to take steps to proceed with the case and asked all accused to remain present for the hearing next week, on April 27, for framing of charges.
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Also read
● Cyber Attackers Who Targeted Rona Wilson Could Have Been Engaged by Same Entity: Report (The Wire / Feb 2022)
● Accused in the Bhima Koregaon – Elgar Parishad case have approached the Bombay High Court to stay till clone copies of electronic evidence is provided (Live Law / Aug 2021)
● NIA files draft charges against accused in Elgar Parishad case (India Today / Aug 2021)

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Justice Sadhana Jadhav Of Bombay High Court, The Third Judge To Recuse From Hearing Petitions In Bhima Koregaon Case This Year

19/04/2022

Live Law / Sharmeen Hakim

A third judge of the Bombay High Court, Justice Sadhana Jadhav, recused from hearing a clutch of petitions in the Bhima Koregaon – Elgar Parishad case this year, including two petitions alleging the planting of electronic evidence through malware.
Justice Jadhav said no Elgar Parishad matters to be placed before her. the judge had earlier recused from hearing BK matters in 2019 and 2020, as well.
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Justice Sadhana Jadhav recuses herself from hearing pleas in Bhima Koregaon case

19/04/2022

Scroll.in / by Scroll Staff

She is the third Bombay High Court judge to withdraw from hearing petitions in the caste violence case this year.
Justice Sadhana Jadhav of the Bombay High Court on Tuesday recused herself from hearing petitions filed in the Bhima Koregaon case, Live Law reported. Jadhav is the third Bombay High Court judge to withdraw from the hearing the petitions related to the case this year.
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Justice Jadhav recuses from Bhima Koregaon cases, third Bombay HC judge to recuse

19/04/2022

Bar & Bench / by Neha Joshi

Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
A third Bench of the Bombay High Court led by Justice Sadhana S Jadhav on Tuesday recused from hearing a clutch of petitions filed in the Bhima Koregaon case of 2018.
Justice Jadhav is the third judge to recuse from the case. Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
Read more

Also read
● Judge recuses from Elgar Parishad cases, new bench to hear pleas (India Today / Feb 2022)

Umar Khalid statement that he was invited to Elgar Parishad among additional evidence submitted by NIA

Umar Khalid statement that he was invited to Elgar Parishad among additional evidence submitted by NIA


Drawing by Arun Ferreira

Umar Khalid Claims He Was Invited To Elgar Parishad By Former Judge Of Bombay High Court

17/04/2022

Live Law / by Live Law News Network

The National Investigating Agency (NIA) submitted a bunch of additional documents and witness statements to the court in the 2018 Bhima Koregaon – Elgar Parishad Case, in which student rights activist Umar Khalid claims that he heard that BJP-RSS persons had attacked visitors at the Bhima-Koregaon, near Pune.
On January 1, 2018 several Dalit’s had gathered to commemorate a 200th anniversary of the battle in which the British, with the support of Dalits, defeated the Peshwa army.
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Former Bombay High Court judge Justice BG Kolse-Patil invited me to Elgar Parishad: Umar Khalid to NIA

15/04/2022

Bar & Bench / by Neha Joshi

The statement by Khalid forms part of the additional documents which the central agency submitted to the Special NIA Court in Mumbai in the Bhima Koregaon riots case of 2018 allegedly linked to the Elgar Parishad event.
The National Investigation Agency (NIA) has recorded statement of former Jawaharlal Nehru University (JNU) student and member of Unite against Hate organisation Umar Khalid in connection with the Bhima Koregaon case of 2018 allegedly linked to the Elgar Parishad event of December 31, 2017.
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Umar Khalid statement among additional evidence submitted by NIA to court

15/04/2022

The Indian Express / by Sadaf Modak

In the evidence submitted to the court, the NIA has included the statement of Khalid, recorded in the office of the deputy superintendent of Tihar jail in New Delhi, where he is lodged in connection with the Delhi riots case.
Nearly two years since the last arrests were made in the Elgaar Parishad case, the National Investigation Agency (NIA) last week submitted before the special court additional evidence running into seven volumes, including the statement of student activist Umar Khalid and documents related to Stan Swamy, the Jesuit priest who passed away last year while in judicial custody.
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Heard of BJP-RSS attack day after being at Elgar Parishad, says Umar Khalid

15/04/2022

The Times of India / by Rebecca Samervel

Among the additional documents submitted as evidence against the accused in the Elgar Parishad case is the statement of former JNU student leader Umar Khalid, who said that a day after attending the Elgar Parishad meeting in Pune, where he delivered a speech, he came to know that BJP and RSS members attacked those who had come to visit Koregaon Bhima.
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Bombay HC rejects Varavara Rao’s permanent bail plea; extends temporary bail

Bombay HC rejects Varavara Rao’s permanent bail plea; extends temporary bail

Bombay HC dismisses Varavara Rao’s plea seeking permanent bail, extends medical bail

13/04/2022

The Indian Express / by Express Web Desk

The court found said it some substance in contentions raised by the petitioner over conditions at Taloja central prison and said that it noted some deficiencies and passed directions in that regard.
The Bombay High Court Wednesday dismissed pleas filed by Elgaar Parishad accused Varavara Rao, who had sought permanent medical bail and permission to shift to Hyderabad in Telangana citing ill health and high expenses in Mumbai. However, the court extended the interim bail granted to Rao by three months to undergo cataract surgery.
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Bombay High Court Extends Temporary Bail Of Varavara Rao By 3 Months On Medical Grounds; Refuses Permanent Bail

13/04/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday refused to grant permanent medical bail to Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao. It however extended the period of temporary bail by three months for his cataract operation and issued directions to expedite the trial. The Court has also refused him permission to reside at his home in Telangana.
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Bombay HC rejects plea by Varavara Rao for permanent bail; extends temporary bail for 3 months

13/04/2022

Bar & Bench / by Neha Joshi

A bench of SB Shukre and GA Sanap also rejected the application by Rao to stay in Telangana during the duration of bail.
“The present petition seeking permanent bail is dismissed. Plea seeking modification of bail to go to Telangana is dismissed,” the Court said.
The Court, however, extended for three more months an earlier order granting him temporary bail.
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Hany Babu approached Bombay High Court seeking regular bail

Hany Babu approached Bombay High Court seeking regular bail


by Bar & Bench (April 13):
Bhima Koregaon accused Hany Babu has approached #BombayHighCourt seeking regular bail after it was rejected by the Mumbai #NIA Court.

No bail; ‘prima facie evidence Hany Babu part of Maoist outfit’: NIA Court

22/02/2022

The Indian Express / by Express News Service

“The same can be said to be sufficient to prima facie establish that the applicant was instrumental for the release of convict G N Saibaba, who was convicted for the activities of the CPI (M),” special Judge Dinesh E Kothalikar said in the detailed order made available on Monday.
IN ITS detailed order rejecting bail to Delhi University associate professor Hany Babu, a special court has said that there is prima facie evidence that he was ‘actively involved’ in activities of banned organisation, CPI (Maoist).
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Hearing of Anand Teltumbde’s appeal seeking bail on merits adjourned to April 26

Hearing of Anand Teltumbde’s appeal seeking bail on merits adjourned to April 26

Hearing of Anand Teltumbde’s appeal seeking bail on merits

by Live Law (April 11):
#BombayHighCourt will continue to hear Dalit scholar – #AnandTeltumbde’splea seeking bail on merits in the #BhimaKoregaon – Elgar Parishad caste violence case. Hearing before bench of Justices Sunil Shukre and GA Sanap.

+++ Adjourned to April 26. +++

by Live Law (April 7)

#BombayHighCourt will continue to hear Dalit scholar #AnandTeltumbde’s appeal seeking bail on merits in Bhima Koregaon – Elgar Parishad caste violence case. Hearing before the bench of Justices Sunil Shukre and GA Sanap
Matter called out.
…
Adjourned to Monday for further arguments.

Full thread

Bombay HC to hear Anand Teltumbde’s appeal challenging rejection of bail on April 7

31/03/2022

The Leaflet / by Sabah Gurmat

On Thursday, the Bombay High Court’s division bench of Justices S.B. Shukre and G.A. Sanap decided to post the matter of Bhima Koregaon (Elgar Parishad) accused Anand Teltumbde’s plea challenging his rejection of bail, to April 7. The 71-year old Teltumbde is an academic and activist who has been charged under the Unlawful Activities (Prevention) Act [UAPA], and the High Court had been hearing his bail plea as well as a petition challenging the conditions for bail under Section 43D(5) of the UAPA.
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