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Category: Case Update

High Court seeks assistance of Attorney General in Teltumbde’s UAPA challenge

High Court seeks assistance of Attorney General in Teltumbde’s UAPA challenge

Bar & Bench / by Neha Joshi

The plea filed by accused Anand Teltumbde has challenged the provisions under the Unlawful Activities (Prevention) Act pertaining to bail and misuse of the term “front organisation” by NIA.
The Bombay High Court on Wednesday sought the assistance of Attorney General for India KK Venugopal in a plea filed by Bhima Koregaon accused Anand Teltumbde challenging provisions of the Unlawful Activities (Prevention) Act (UAPA).
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Bombay High Court permits Anand Teltumbde to meet mother after brother’s death

Bombay High Court permits Anand Teltumbde to meet mother after brother’s death

Bombay High Court Allows Anand Teltumbde To Visit Nonagenarian Mother For 2 Days

02/03/2022

Live Law / by Sharmeen Hakim

Three months after his brother’s demise in an encounter, the Bombay High Court permitted Dalit scholar Anand Teltumbde to meet his nonagenarian mother in Chandrapur on March 8 and 9, 2022 under escort protection.
An undertrial in the Bhima Koregaon – Elgar Parishad Case, Teltumbde had sought direction for interim bail from the High Court after the Special NIA Court refused his request on technical grounds. Teltumbde’s brother, Milind, was killed in an encounter in November 2021.
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Bombay High Court permits Anand Teltumbde to meet mother after brother’s death

02/03/2022

Bar & Bench / by Neha Joshi

“Death is a death. He may be an accused, he may have been involved in (illegal) activities … but then ultimately he was present applicant’s brother. There has been a loss of human life,” the Court said.
The Bombay High Court on Wednesday permitted Anand Teltumbde, one of the accused in the Bhima Koregaon violence case, to visit his mother in Chandrapur, Maharashtra from March 8 to 10 after his brother and wanted accused, Milind Teltumbde’s death.
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Also read:
Bombay High Court seeks assistance of Attorney General KK Venugopal in Anand Teltumbde’s UAPA challenge (Bar & Bench / March 2022)

Interim protection for Varavara Rao extended til March 8 / Why was bail granted only for 6 months?

Interim protection for Varavara Rao extended til March 8 / Why was bail granted only for 6 months?

Why was bail granted to Varavara Rao only for 6 months? Bombay High Court

03/03/2022

Bar & Bench / by Neha Joshi

The High Court noted that the February 2021 order granting temporary medical bail to Rao contained strong observations about the inadequate medical facilities at Taloja Jail.
The Bombay High Court on Tuesday mused as to why Varavara Rao, accused in the Bhima Koregaon case, was only granted 6 months of bail despite its strong observations regarding medical conditions at Taloja prison [P Varavara Rao v. State of Maharashtra & Anr].
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Varavara Rao’s medical bail extended till March 8

02/03/2022

Scroll.in / by Scroll Staff

The Bombay High Court also asked if the condition of Taloja jail, where Rao will be sent, has improved.
The Bombay High Court on Tuesday extended the duration of activist Varavara Rao’s medical bail till March 8, reported PTI.
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Interim protection for Varavara Rao extended until March 8

01/03/2022

The Leaflet / by Sabah Gurmat

On Tuesday, the Bombay High Court heard a plea filed by poet and activist P. Varavara Rao – an accused in the Bhima Koregaon case – seeking extension of his interim bail and for being allowed to stay in Hyderabad while on bail. The division bench of Justices S.B. Shukre and G.A. Sanap decided to continue the hearing of arguments on March 8 and has granted interim protection from coercive action to Rao until then.
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Also read:
Telugu, Wheelchair & Blanket: How Prison Broke Poet Varavara Rao (The Quint / Feb 2021)
Varavara Rao’s Bail: Leading Newspapers Urge Courts to Protect the Fundamental Right to Liberty (The Leaflet / Feb 2021)

Bail of Varavara Rao extended till March 3

Bail of Varavara Rao extended till March 3

Bail of Varavara Rao extended till March 3

26/02/2022

The Leaflet / by PTI

The Bombay High Court on Saturday extended till March 3 the medical bail granted to poet and activist P. Varavara Rao, an accused in the Elgar Parishad-Maoist links case.
Rao, 82, was first granted bail on health grounds by the high court in February last year for a period of six months. He was also asked not to leave Mumbai.
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Bombay High Court extends Varavara Rao’s medical bail till March 3

26/02/2022

Scroll.in / by Scroll Staff

The activist’s lawyer said he is suffering from various ailments, including asymptomatic Parkinson’s disease.
Rao, 82, was granted bail on medical grounds in February last year. The court has been granting extensions on the bail order since September.
In a fresh application on Saturday Rao’s lawyers sought another extension.
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After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

After Justices PB Varale And SS Shinde Recuse From Hearing Bhima Koregaon Case, Chief Justice Agrees To Constitute New Bench

25/02/2022

Live Law / by Sharmeen Hakim

After two judges recused themselves from hearing petitions arising out of the Bhima Koregaon – Elgar Parishad Case, Chief Justice Dipankar Datta of the Bombay high Court said a third bench would be constituted to hear the cases at the earliest.
After Justice PB Varale’s bench, that has the criminal assignment, recused from hearing matters earlier this month, the alternate bench of Justice SS Shinde also recused from taking up petitions connected to the case.
Justice Shinde, however, will hear the interim application filed by Vernon Gonsalves, Arun Ferreira and Varavara Rao seeking bail and factual corrections in his order refusing them default bail.
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Judge recuses from Elgar Parishad cases, new bench to hear pleas

25/02/2022

India Today / by Vidya

The new Bench, comprising Justice SB Shukre and AB Borkar, will hear all pleas related to the Elgar Parishad from here on.
Anew Bench of the Bombay High Court will now hear all the pleas related to the Elgar Parishad case after a judge recused himself from the case in which several arrests have been made since 2018.
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Jusitce SS Shinde of Bombay High Court Recuses hearing Bhima Koregaon cases

24/02/2022

Bar & Bench / by Neha Joshi

Sources told Bar & Bench that Justice Shinde will continue hearing the plea filed by three accused in the case seeking review of his own judgment refusing them default bail; however, he has recused from other cases.
Justice Shinde will be releasing a circular/notification to that effect shortly, sources have told Bar and Bench.
After such circular/notification is issued, the respective lawyers representing the 15 accused in the case, will have to move the Chief Justice of the High Court on administrative side to get a new Bench constituted for hearing the petitions arising from the 2018 case.
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NIA opposes default bail plea filed by Varavara Rao, Vernon Gonsalves & Arun Ferreira in Bombay HC

NIA opposes default bail plea filed by Varavara Rao, Vernon Gonsalves & Arun Ferreira in Bombay HC

Varavara Rao, Vernon Gonsalves, Arun Ferreira

NIA opposes default bail plea in Bombay HC, cites embargo on review

24/02/2022

Bar & Bench / by Neha Joshi

The NIA stated that the review petition filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira is barred by law as they were seeking an alteration or review of the final judgment passed by the High Court.
The National Investigation Agency (NIA) has opposed the plea filed by three accused in the Bhima Koregaon case before the Bombay High Court seeking review of the judgment refusing them default bail [P Varavara Rao & Ors. v. State of Maharashtra & Anr.]
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S.362 CrPC Puts An Embargo’: NIA Opposes Plea Filed By Bhima Koregaon Accused Seeking Review Of Bombay HC’s Judgement Refusing Default Bail

24/02/2022

Live Law / by Sharmeen Hakim
The National Investigation Agency has sought dismissal of the application filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira seeking bail and factual corrections in the Bombay High Court’s order refusing them default bail.
In their reply tendered to the Bombay High Court, the agency cited the embargo under section 362 of CrPC to alter or review judgements once a petition is decided on merits.
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Also read:
Vernon Gonsalves, Varavara Rao & Arun Ferreira File Review Application In Bombay High Court, Seek Default Bail (Live Law / Feb 2022)

NIA Court refused bail to 4 accused [read orders]

NIA Court refused bail to 4 accused [read orders]

Hany Babu, Sagar Gorkhe,  Jyoti Jagtap, Ramesh Gaichor

Plan to end Modi raj with Rajiv Gandhi type incident and other reasons NIA Court refused bail to 4 accused [read orders]

22/02/2022

Bar & Bench / by Neha Joshi

Special NIA Judge rejected regular bail applications of Sagar Gorkhe, Ramesh Gaichor, Jyoti Jagtap and Associate Professor Hany Babu.
The Special Court under National Investigation Agency (NIA) Act rejected bail applications of four accused in the Bhima Koregaon case of 2018 relying upon a letter written by the accused which mentioned about ending the Modi-raj in the country.
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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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No hesitation to prima facie conclude that applicant was actively involved in activities of banned organisation: NIA Court

21/02/2022

Free Press Journal / by Staff Reporter

A special court that last week denied bail to Delhi University’s associate professor Hany Babu, an accused in the Elgar Parishad – Bhima Koregaon case, has said in its detailed order that if material on record is taken into consideration, there would be no hesitation to prima facie conclude that he was actively involved in activities of the banned organisation.
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Special NIA Court rejects former CM Fadnavis’ statement as evidence, denies bail to three Bhima Koregaon accused

19/02/2022

The Leaflet / by The Leaflet

A special National Investigative Agency (NIA) court denied bail on Monday to three persons accused in the Bhima Koregaon (Elgar Parishad) case and declined to consider former Maharashtra Chief Minister Devendra Fadnavis’ statement in the Maharashtra Legislative Assembly.  The court, while denying bail, maintained that the accused hatched a “serious conspiracy” to create unrest in the country.
The three accused — Jyoti Jagtap, Sagar Gorkhe and Ramesh Gaichor — are musical performers, anti-caste activists and members of the cultural troupe Kabir Kala Manch.
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Also read:
They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says (Washington Post / Feb 2021)
The many plots to assassinate Narendra Modi (The Caravan / Sep 2018)

NIA court allows ED to question Gautam Navlakha in Newsclick “case”

NIA court allows ED to question Gautam Navlakha in Newsclick “case”

Hindustan Times / by Vinay Dalvi

The judge also directed the superintendent of Taloja prison to cooperate with the officers and make arrangements for the same.
A special National Investigation Agency (NIA) court has allowed the Enforcement Directorate (ED) to record the statement of human rights activist Gautam Navlakha, an accused in the Elgar Parishad – Maoist link case, at Taloja Jail from Wednesday to Friday.
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Also read:
Income Tax department ‘surveys’ Newsclick, Newslaundry in tax case (Economic Times / Sep 2021)
‘Intimidatory and Blatant Attack’: Editors Guild on IT ‘Survey’ at NewsClick, Newslaundry (The Wire / Sep 2021)

CM’s Statement On Saffron Flags During Protest ‘Extraneous’: NIA Court While Rejecting Bail / Statement by Sagar & Ramesh

CM’s Statement On Saffron Flags During Protest ‘Extraneous’: NIA Court While Rejecting Bail / Statement by Sagar & Ramesh

Special NIA Court rejects former CM Fadnavis’ statement as evidence, denies bail to three Bhima Koregaon accused

19/02/2022

The Leaflet / by The Leaflet

A special National Investigative Agency (NIA) court denied bail on Monday to three persons accused in the Bhima Koregaon (Elgar Parishad) case and declined to consider former Maharashtra Chief Minister Devendra Fadnavis’ statement in the Maharashtra Legislative Assembly.  The court, while denying bail, maintained that the accused hatched a “serious conspiracy” to create unrest in the country.
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CM’s Statement On Presence Of Crowd With Saffron Flags During Bhima Koregaon Protest ‘Extraneous’: NIA Court While Rejecting Bail

17/02/2022

Live Law / by Sahrmeen Hakim

Fadnavis spoke about the unexpected presence of over 200-300 people holding saffron flags on the day of violence.
The NIA court has declined to consider Maharashtra’s ex-Chief Minister Devendra Fadnavis’s statement in the State Legislative Assembly on the issue of caste violence at Bhima Koregaon while rejecting bail applications of three accused. The then Chief Minister had spoken on the floor of the house about the presence of around 200-300 people holding saffron flags, sloganeering at the place of the caste violence on January 1, 2018.
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Accused wanted to create unrest in country, says NIA court

17/02/2022

Hindustan Times / by Vinay Dalvi

Though the verdict was pronounced on Monday, the detailed order became available late in the evening on Wednesday.
“From the documents and letters placed on record, prima facie it can be gathered that the applicants along with other members of the banned organisation hatched a serious conspiracy to create unrest in the entire country and to overpower the government politically,” the special National Investigation Agency (NIA) court has said, while rejecting bail pleas of Kabir Kala Manch members Jyoti Jagtap, Sagar Gorkhe and Ramesh Gaichor.
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Video Statement by Sagar Gorkhe and Ramesh Gaichor (Sep 5, 2020)


hindi (en subtitles) | 2:20min | 2020
Before arresting them, NIA allegedly offered to let off Kabir Kala Manch musicians Sagar Gorkhe and Ramesh Gaichor if they admitted to Maoist links, to indict activists arrested in the #BhimaKoregaon case.
Watch video


Also read:
The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says (Washington Post / Feb 2021)
The many plots to assassinate Narendra Modi (The Caravan / Sep 2018)

NIA Court refuses bail to Hany Babu, Ramesh Gaichor, Jyoti Jagtap and Sagar Gorkhe

NIA Court refuses bail to Hany Babu, Ramesh Gaichor, Jyoti Jagtap and Sagar Gorkhe

Mumbai Coourt rejects bail pleas of four accused

15/02/2022

Bar & Bench / by Neha Joshi

Special Judge DE Kothalikar rejected bail applications of Kabir Kala Manch members Jyoti Jagtap, Sagar Gorkhe and Ramesh Gaichor and associate professor Hany Babu.
A Special Court in Maharashtra on Monday rejected the bail plea of four accused in the Bhima Koregaon case of 2018 being investigated by the National Investigation Agency (NIA).
The members of the allegedly banned organization Kabir Kala Manch along with Babu were arrested by the NIA in 2020.
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Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members

14/02/2022

Live Law / by Sharmee Hakim

Special Judge DE Kothalikar refused bail to Delhi University associate professor – Hany Babu, and members of cultural group Kabir Kala Manch members – Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagtap. The National Investigation Agency arrested Babu in July 2020 and the remaining three in September 2020.
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Hany Babu, three Kabir Kala Manch members denied bail in Bhima-Koregaon case

14/02/2022

Free Press Journal / by Bhavna Uchil

A special court on Monday denied bail to four accused in the Elgar Parishad – Bhima Koregaon case – Delhi University associate professor Hany Babu and Kabir Kala Manch members Sagar Gorkhe, Jyoti Jagtap and Ramesh Gaichor.
Gorkhe and Gaichor had sought bail on the grounds that they had been prosecuted in a similar case in 2014, in which they had secured bail from the Supreme Court.
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