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Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

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Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

23/12/2021

Live Law / by Sharmeen Hakim

The Court cited the bar under Section 362 CrPC in reviewing the order.
The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC’s order denying them bail.
Through a precipice (application) for “speaking to minutes”, the accused claimed that just like Sudha Bharadwaj, who was granted bail, they had also filed their default bail pleas in the stipulated time.
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Bombay HC refuses to entertain plea by 8 accused claiming „factual errors“ in default bail order

23/12/2021

Bar & Bench / by Neha Joshi

The 8 accused had moved the High Court seeking a minor rectification in the order passed by the Division Bench refusing default bail to them.
The Bombay High Court on Thursday refused to intervene in a plea by eight accused in the Bhima Koregaon violence case seeking a rectification of the ‘factual errors’ in the order refusing default bail to them.
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HC disposes plea of eight accused seeking rectification in order denying them bail

23/12/2021

Scroll.in / by Scroll Staff

The activists and academicians had said that the Bombay High Court order was based on a ‘factual error’.
The Bombay High Court on Thursday refused to intervene in a plea filed by eight accused persons in the Bhima Koregaon case, seeking rectification in an order that refused them bail, Bar and Bench reported.
The Bhima Koregaon case pertains to caste violence in a village near Pune in January 2018. Eight activists and academicians are among the 16 people arrested for allegedly plotting the violence.
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Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’

22/12/2021

The Wire / by The Wire Staff

Sudhir Dawale, Varavara Rao, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira have approached the high court claiming its order denying them default bail was based on a “factual error”.
Eight activists and academics currently in jail in the Elgar Parishad case, who were denied default bail by the Bombay high court earlier this month, have approached the high court on Tuesday, seeking a correction in the relevant order. They said that they had in fact exercised their right to default bail within the stipulated period …
The high court will hear the matter further on December 23.
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Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment

21/12/2021

Live Law / by Sharmeen Hakim

Eight accused in the Bhima Koregaon-Elgar Parishad case denied default bail have re-approached the Bombay High Court claiming to have exercised their right to default bail well within the stipulated period.
It may be recalled that the High Court had granted default bail to lawyer-activist Sudha Bharadwaj, an accused in the case, on the ground that the Pune Sessions Court was not competent to extend the time for probe as it was not notified as a Special Court under the NIA Act. However, the Court denied the same benefit to other accused by saying that they had not filed applications for default bail when that right accrued to them.
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Poet-activist Varavara Rao’s medical bail extended till Jan 7, Bombay HC grants time to file affidavit

Poet-activist Varavara Rao’s medical bail extended till Jan 7, Bombay HC grants time to file affidavit

Poet-activist Varavara Rao’s medical bail extended till Jan 7, Bombay HC grants time to file affidavit

21/12/2021

The Leaflet / by the Leaflet

Monday, December 20, the Bombay High Court allowed time to continue to examine Bhima Koregaon/Elgar Parishad case accused Dr. P.V. Varavara Rao’s request seeking extension of his medical bail. Rao, who was granted bail for six months on February 22, 2021, got an extension till January 7, 2022 and his counsel was allowed to file the affidavit by December 28.
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Poet Varavara Rao’s medical bail extended till January 7

20/12/2021

Scroll.in / by Scroll Staff

The Bombay High Court allowed him to file an affidavit against a private hospital report suggesting that his health condition was ‘cognitively normal’.
The Bombay High Court on Monday extended the medical bail of poet Varavara Rao till January 7 in the Bhima Koregaon case, Live Law reported. At a previous hearing, the High Court had extended his bail till Monday.
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Bombay HC Extends Varavara Rao’s Time To Surrender Till Jan 7, Permits Him To Respond To Medical Reports

20/12/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday extended Telugu poet Varavara Rao’s time to surrender before prison authorities till January 7, while posting his application for extension of medical bail for further consideration on January 4.
A division bench of Justices Nitin Jamdar and Sarang Kotwal also permitted Rao’s counsels to file an affidavit and respond to a private hospital’s reports concluding that his condition was normal as “he is able to perform activities of daily living.”
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Bombay HC allows Varavara Rao to file affidavit after hospital declares his parameters’ normal

20/12/2021

Times of India / by Swati Deshpande

The Bombay high court on Monday allowed Elgar Parishad accused P Varavara Rao, 82, to file an additional affidavit response to a report submitted by Nanavati hospital for its analysis in his plea for extension of his medical bail. The private charitable hospital had last week submitted a report to say that Rao’s vital parameters were normal.
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“Allegations Followed Him To His Grave”: Plea In Bombay HC Seeks To Clear Father Stan Swamy’s Name

“Allegations Followed Him To His Grave”: Plea In Bombay HC Seeks To Clear Father Stan Swamy’s Name

Judicial enquiry sought to clear Stan Swamy name

18/12/2021

The Times of India / by TOI

Five months after the death of Jesuit priest and Elgar Parishad case accused Father Stan Swamy in hospital while in in judicial custody, Fr Frazer Mascarenhas, as his ‘next of kin’ has petitioned the Bombay high court for a judicial enquiry into the death in custody and to remove the ‘odium of guilty’ attached to the deceased tribal rights activist and the shadow it “casts” on the Jesuits in India.
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“Allegations Followed Him To His Grave”: Plea In Bombay High Court Seeks To Clear Father Stan Swamy’s Name

17/12/2021

Live Law / by Sharmeen Hakim

Father Frazer Mascarenhas, former principal of St Xavier’s College, Mumbai, has approached the Bombay High Court to clear Father Stan Swamy’s name in the Bhima Koregaon – Elgar Parishad Case. He has also sought for a court-monitored judicial inquiry into his custodial death.
Fr Stan founded Bagaicha, an organisation dedicated to empowering the Adivasi and Moolvasi communities in Jharkhand. He passed away on July 5, nine months after his arrest.
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Arsenal Consultancy has no locus standi to give opinion in Shoma Sen’s plea, says NIA

Arsenal Consultancy has no locus standi to give opinion in Shoma Sen’s plea, says NIA

The Hindu / by Sonam Saigal

The digital forensic analyst said false evidence was planted against the retired professor to implicate her in the case.
The National Investigation Agency (NIA) told the Bombay High Court on Thursday that Arsenal Consultancy, a digital forensic analyst that said false evidence was planted against retired Prof. Shoma Sen who is an accused in the Bhima Koregaon caste violence case, has “no locus standi to give opinion without court’s permission”.
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Also read:
Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report (The Wire / Dec 2021)

Varavara Rao Medically Stable, Must Surrender: NIA Tells Bombay HC; Medical Report Summoned

Varavara Rao Medically Stable, Must Surrender: NIA Tells Bombay HC; Medical Report Summoned

Varavara Rao Medically Stable, Must Surrender: NIA Tells Bombay High Court; Complete Medical Report Summoned

17/12/2021

Live Law / by Sharmeen Hakim

The National Investigating Agency (NIA) on Friday urged the Bombay High Court to direct Telugu poet accused in Bhima Koregaon case, Varavara Rao (82), to surrender before the prison officials after a private hospital opined he is “cognitively normal.”
However, a division bench of Justices Nitin Jamdar and Sarang Kotwal directed the private hospital to submit Rao’s complete medical examination reports and listed the matter for further consideration, on Monday.
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Varavara Rao health normal, says medical report submitted by NIA to Bombay HC

17/12/2021

Bar & Bench / by Neha Joshi

The National Investigation Agency on Friday submitted to the Bombay High Court a summary report of the medical examination of Bhima Koregaon-accused Varavara Rao, in his plea seeking extension of medical bail granted to him by the High Court on April 2021.
The summary stated that Rao was evaluated by multiple consultants and was suffering from minor symptoms like lack of sleep and exhaustion.
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Activist Sudha Bharadwaj walks out of jail after over three years / Spontaneous Celebrations

Activist Sudha Bharadwaj walks out of jail after over three years / Spontaneous Celebrations


Pic: Sudha Bharadwaj, after being released

Chhattisgarh: People Gather after Sudha’s Release

09/12/2021

In Chhattisgarh, spontaneous celebrations as workers wait for “Sudha didi”

09/12/2021

Newslaundry / by Prateek Goyal

As news spread about the Supreme Court rejecting the NIA’s plea against the bail granted to activist Sudha Bharadwaj on Tuesday, a large group of workers, draped in yellow and gray uniforms, began celebrating at Burah Pandal opposite the ACC Limited cement factory in the industrial town of Bhilai. It was not the only spontaneous gathering of workers in Chhattisgarh to acknowledge the relief granted to their beloved Sudha “didi”.
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Lawyer-Activist Sudha Bharadwaj Released After Over 3 Years In Jail

09/12/2021

Live Law / by Sharmeen Hakim

Lawyer and well-known tribal rights activist Sudha Bharadwaj walked out of Byculla women’s prison today after over 1000 days of incarceration in the Bhima Koregaon – Elgar Parishad caste violence Case.
Bharadwaj was arrested on August 28, 2018.
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Activist Sudha Bharadwaj walks out of jail after over three years

09/12/2021

Scroll.in / by Scroll Staff

The NIA court has asked her to not make any statements to the media.
Lawyer-activist Sudha Bharadwaj, an accused in the Bhima Koregaon case, was released from Mumbai’s Byculla women’s jail on Thursday, NDTV reported. Bharadwaj was arrested in August 2018, and was granted default bail by the Bombay High Court last week.
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#SudhaBharadwaj (Dec 9)


By Prashant Bhushan:
+++ Welcome back Sudha Bharadwaj, the indefatigable crusader for human rights for the downtrodden, after spending over 3 years in jail on trumped up charges. One day,your tormentors will be held to account. Hope others similarly jailed in the Bhima Koregaon case are also released soon +++

By Jignesh Mevani:
+++ Where bail not jail is the rule, Sudha Bharadwaj had to spend three years in jail for her speech that has been alleged to cause voilence. We urge the courts for early release of all those you have been made political scapegoats of the highest order under draconian laws like UAPA +++

By Rana Ayyub:

By NAPM:
+++ NAPM salutes the determination of trade unionist & people’s lawyer #SudhaBharadwaj, as she walks free from jail after 3 yrs of arbitrary incarceration, amidst harsh bail conditions. It is high time all activists jailed in ‘Bhima Koregaon’ case are immediately released.#RepealUAPA +++


IAMC, HfHR welcome release of Sudha Bharadwaj

10/12/2021

TwoCircles.net / by IAMC and HfHR

Indian American Muslim Council (IAMC), an advocacy group committed to safeguarding India’s pluralist and tolerant ethos, and Hindus for Human Rights (HfHR), an advocate for pluralism, civil and human rights in South Asia and North America, rooted in the values of the Hindu faith, have welcomed the release of renowned Indian human rights defender and lawyer Sudha Bharadwaj on December 9 after being incarcerated for more than three years without trial.
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Sudha Bharadwaj To Be Released After NIA Court Sets Bail Conditions

Sudha Bharadwaj To Be Released After NIA Court Sets Bail Conditions

Sudha Bharadwaj To Be Released After NIA Court Sets Bail Conditions

08/12/2021

The Wire / by Sukanya Shantha

The court has directed Bharadwaj from refraining from making any media statements on the ongoing Elgar Parishad trial.
The special National Investigating Agency (NIA) court on Tuesday, December 8, imposed a series of bail conditions on academic and rights activist Sudha Bharadwaj, who spent over three years in Maharashtra prisons. Bharadwaj, one of 16 persons arrested in the Elgar Parishad case, was granted default bail by the Bombay high court last week.
Bharadwaj is likely to be released from Byculla women’s prison tomorrow on completion of bail procedures.
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Activist Sudha Bharadwaj can be released on bail bond of Rs 50,000, rules NIA court

08/12/2021

Scroll.in / by Scroll Staff

The court allowed Bharadwaj to file a application for the verification of her address so that she can be released on Wednesday itself.
A National Investigation Agency court on Wednesday ruled that lawyer-activist Sudha Bharadwaj can be released from jail after furnishing a bail bond of Rs 50,000 and one or more sureties in the Bhima Koregaon case, reported Live Law.
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Special NIA Court Paves Way For Sudha Bharadwaj’s Release, Sets Bail Conditions

08/12/2021

Live Law / by Sharmeen Hakim

She has been allowed provisional cash bail for a period of one month, disallowed from speaking to the media.
A special NIA Court on Wednesday decided the bail conditions to be imposed on Bhima Koregaon- Elgar Parishad accused Sudha Bharadwaj. She was granted default bail by the Bombay High Court, on December 1.
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Sudha Bharadwaj: NIA court sets bail conditons for release; bail bond of ₹50.000, no statements to media

08/12/2021

Bar & Bench / by Neha Joshi

She should also not make any contact with any co-accused or any other persons involved in similar activities, or make any international phone calls.
The special court under National Investigation Agency (NIA) Act on Wednesday framed the bail conditions to be followed by Bhima Koregaon case accused Sudha Bharadwaj for her release on default bail.
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Supreme Court dismisses NIA’s appeal, confirms Sudha Bharadwaj’s release on bail

Supreme Court dismisses NIA’s appeal, confirms Sudha Bharadwaj’s release on bail

SC dismisses NIA’s appeal, confirms Sudha Bharadwaj’s release on bail

07/12/2021

The Leaflet / by The Leaflet

The Supreme Court on Tuesday paved the way for the release of activist-lawyer Sudha Bharadwaj as it dismissed the appeal filed by the National Investigation Agency (NIA) against the Bombay High Court’s order granting her default bail in the Bhima Koregaon case.
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Sudha Bharadwaj bail: Supreme Court rejects NIA appeal against default bail granted by Bombay High Court

07/12/2021

Bar & Bench / by Debayan Roy

The top court said that extension of time for investigation and detention under provisions of Section 43D(2) of the UAPA and Section 167(2) of CrPC could have only been done by the special court hearing NIA cases.
The Supreme Court on Tuesday rejected the appeal filed by National Investigation Agency (NIA) challenging the Bombay High Court order granting default bail to lawyer activist Sudha Bharadwaj in the 2018 Bhima Koregaon case [National Investigation Agency v. Sudha Bharadwaj].
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Supreme Court Dismisses NIA’s Plea Challenging Default Bail To Sudha Bharadwaj In Bhima Koregaon Case

07/12/2021

Live Law / by Srishti Ojha

The Supreme Court on Tuesday dismissed the petition filed by National Investigation Agency challenging the default bail grantedto lawyer-activist Sudha Bharadwaj by the Bombay High Court on December 1, after over three years of her arrest in the Bhima Koregaon case.
A Bench comprising Justice UU Lalit, Justice Ravindra Bhat and Justice Bela Trivedi observed that there was no reason to interfere with the Bombay High Court’s order and dismissed the NIA’s Special Leave Petition.
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Supreme Court dismisses NIA plea challenging default bail to Sudha Bharadwaj

07/12/2021

Scroll.in / by Scroll Staff

The court said it had no reason to interfere in the bail granted by the Bombay High Court.
The Supreme Court on Tuesday rejected the National Investigation Agency’s plea challenging the default bail granted to lawyer-activist Sudha Bharadwaj by the Bombay High Court in the Bhima Koregaon case, Live Law reported.
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NIA opposes Gautam Navlakha plea for medical bail and house arrest

NIA opposes Gautam Navlakha plea for medical bail and house arrest

Why NIA has opposed house arrest plea of Gautam Navlakha in Bombay High Court

07/12/2021

Bar & Bench / by Neha Joshi

Apart from tampering with evidence and witness, NIA opposed the plea filed by Navlakha stating that under the guise of a writ petition Navlakha is seeking regular bail.
The plea filed by Bhima Koregaon accused Gautam Navlakha praying that he be transferred from prison and placed under house arrest instead, is a waste of judicial time, the National Investigation Agency (NIA) has told the Bombay High Court.
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NIA opposes Gautam Navlakha plea for medical bail and house arrest

07/12/2021

The Indian Express / by Express News Service

The NIA, through Mumbai branch SP V Vikraman, submitted before a division bench of Justice Nitin M Jamdar and Justice Sarang V Kotwal an affidavit in reply to a plea by Navlakha.
The National Investigation Agency on Monday opposed the medical bail and house arrest plea by Elgar Parishad case accused Gautam Navlakha, who is currently lodged at Taloja Central Prison, Navi Mumbai, alleging denial of basic medical care and other necessities in jail. The agency said the petitioner did not satisfy the criteria of house arrest.
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Poet Varavara Rao’s medical bail extended till December 20

Poet Varavara Rao’s medical bail extended till December 20

Poet Varavara Rao’s medical bail extended till December 20

03/12/2021

Scroll.in / by Scroll Staff

The Bombay High Court agreed for an extension after Mumbai’s Nanavati Hospital said it would require two weeks to conduct Rao’s medical examination.
Poet Varavara Rao, an accused in the Bhima Koregaon case, was granted bail extension till December 20 by the Bombay High Court on Friday, Live Law reported.
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Varavara Rao needn’t surrender till December 20, says Bombay HC

03/12/2021

The Indian Express / by Express News Service

Nanavati hospital seeks 2 weeks for Rao’s comprehensive medical examination.
The Bombay High Court on Friday extended the time to return to jail for Elgaar Parishad accused Varavara Rao till December 20. The extension was granted after the Nanavati Hospital informed that it needs two weeks time to schedule and conduct a comprehensive medical examination of the octogenarian for various ailments.
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Private Hospital Seeks Two More Weeks To Examine Varavara Rao

03/12/2021

Live Law / by Sharmeen Hakim

The private hospital asked to examine Varavara Rao, the ailing Telugu poet and accused in the Bhima Koregaon – Elgar Parishad case, sought two more weeks from the Bombay High Court owing to the numerous tests he would be required to undergo.
A division bench of Justice Nitin Jamdar and Sarang Kotwal granted Nanavati Super Specialty Hospital till December 16 to conduct the tests and submit a report to the High Court.
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