Case Update – Page 32 – free them all

NIA, govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

17/06/2021 Rani

NIA questions maintainability of plea by Prof Shoma Sen seeking quashing of charges

17/06/2021

The Leaflet / by Gahena Gambani

Earlier this year, the Bhima Koregaon case made international headlines, when The Washington Post reported that cybersecurity firm M/s Arsenal Consulting had analysed the laptops of some accused, and reached the conclusion that malware had been planted on the same, presumably with a view to frame the accused.
Soon after, Shoma Sen, an assistant professor and the head of the English Department at Nagpur University, an accused in the Bhima Koregaon matter, approached the Bombay High Court under Article 226 of the Constitution and Section 482 of the CrPC, praying for a quashing of the sanctions against her under the Unlawful Activities (Prevention) Act, 1967. A similar petition had also been filed by her co-accused, Rona Wilson.
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NIA, Maharashtra govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

17/06/2021

FPJ / by Narsi Benwal

The Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar on Thursday adjourned the hearing in the petitions filed by rights activists Rona Wilson and Shoma Sen till July 13. The bench has granted a last chance to the National Investigation Agency and Maharashtra government to file its response to the petitions by June 1.
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Stan Swamy to stay in hospital till June 18, says Bombay HC

10/06/2021 Maya

Scroll.in / by Scroll Staff

The Bombay High Court on Thursday said tribal rights activist Stan Swamy will remain admitted to a Mumbai-based private hospital till June 18 as he is suffering from the coronavirus, reported PTI. The 84-year-old activist has been in custody since October in connection with the 2018 Bhima Koregaon case.
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HC allows Hany Babu to continue treatment for post-Covid complications at hospital / Solidarity

03/06/2021 Maya

Bombay HC allows Hany Babu to continue treatment for post-Covid complications at Breach Candy

03/06/2021

The Leaflet / by Hamza Lakdawala

Bombay High Court on Thursday allowed Hany Babu to continue treatment at Mumbai’s Breach Candy Hospital. The court was hearing a plea filed by Hany Babu’s wife, Jenny Roweena, which sought urgent medical Bail for Babu.
The matter was heard by a bench of Justice S. S. Shinde and Justice Abhay Ahuja.
… The court posted the matter on June 15, 2021, for further hearing.
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Bombay High Court directs Breach Candy hospital to not discharge Bhima Koregaon violence accused till June 3

01/06/2021

Law Beat / by Shruti Kakkar

The Bombay High Court today has extended the order as per which directions were issued to not discharge Hany Babu who is being treated for black fungus & CoVID at his own costs under the protection of police officials without seeking Court’s permission till June 3.
“We’ve already passed an order of not discharging Hany Babu till we permit & let that order extend till June 3,” a bench of Justice SS Shinde and Justice Abhay Ahuja said.
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Video: Solidarity for Hany Babu – A Beloved Techer, hounded by the state

20/05/2021

By Karwan e Mohabbat

en | 3:34min | 2021
Watch video

Bombay HC asks hospital not to discharge Bhima Koregaon accused Hany Babu till 1 June

27/05/2021

The Print / by pti

The Bombay High Court Thursday sought a medical report on the DU professor’s condition and treatment given to him. Babu tested positive for Covid earlier this month.
The Bombay High Court on Thursday asked the Breach Candy Hospital here not to discharge Delhi University associate professor Hany Babu, an accused in the Elgar Parishad-Maoist links case, till June 1 and sought a medical report on his condition and treatment given to him.
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Bombay HC Orders Transfer Of Stan Swamy To Hospital [read order] / Poem by Stan

29/05/2021 Maya

He Needs Treatment: Bombay High Court Orders Transfer Of Stan Swamy To Private Hospital From Prison [read order]

28/05/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday directed the Maharashtra government to transfer ailing Father Stan Swamy, an 84-year-old tribal rights activist – to the Holy Family Hospital from Taloja Central Jail for treatment. He is accused in the Bhima Koregaon – Elgaar Parishad case.
In an urgent hearing, a bench of justices SS Shinde and NR Borkar allowed Swamy hospitalisation and an attendant after Senior Advocate Mihir Desai submitted the Jesuit priest’s condition was not improving.
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Bombay HC sends Ft Stan Swamy to Holy Family hospital for medical treatment; brushes aside NIA’s objection

28/05/2021

The Leaflet / by Gahena Gambani

The Bombay High Court on Friday directed the Maharashtra government to transfer Father Stan Swamy, 84, accused in the Bhima Koregaon caste violence case, to Holy Family Hospital from Taloja Central Jail.
A vacation bench comprising Justices SS Shinde and NR Borkar heard the matter on an urgent basis and ordered the transfer.
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By Jharkhand Janadhikar Mahasabha

Bombay High Court disposes of plea seeking medical bail for Sudha Bharadwaj

21/05/2021 Rani

All prisoners have right to get their medical reports, rules Bombay HC

21/05/2021

Free Press Journal / by Narsi Benwal

Sudha Bharadwaj says she got sufficient medical attention and thus doesn’t need bail on health grounds.
The vacation bench of the Bombay High Court led by Justice Shahrukh Kathawalla on Friday held that every prisoner has the right to their own medical records under Article 21 of the Constitution of India. The HC made the observation while disposing of the medical bail application filed by daughter of jailed activist Sudha Bharadwaj, who told the bench that she has received the requisite medical attention and now doesn’t need bail on health grounds.
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Disposing of the medical bail application filed by daughter of jailed activist Sudha Bharadwaj

21/05/2021

Updates by Live Law (May 21)

+++ Her daughter Maaysha Singh approached court after three of her co-prisoners tested positive for Covid-19 +++
+++ Adv Yug Chaudhri – This is a petition for medical bail. The petitioner was taken for numerous medical tests after the petition was filed +++
+++ Yug – Prisoners have a right to their medical records under Article 21. Medical records should be provided to them. This will cut down a lot of litigation +++
+++ Yug – He should be allowed to talk to his family members & lawyer after a hospital visit +++
+++ Court Order — Prisoners have a right to their own medical records under Article 21. In view thereof all medical records including tests conducted and medicines prescribed should be given to the prisoner on request +++
+++ Court – Infact we would go a step further and say that this should be done for every prisoner +++
+++ The bench further said that a prisoner should be allowed to make a phone call to an approved family member after a hospital visit +++
+++ Chaudhry said that since Bharadwaj has received the necessary medical attention after they approached the court, he is not pressing for medical bail +++
+++ Petition disposed of with the above observations +++

Sudha Bharadwaj’s 3 Co-Prisoners Tested COVID Positive: Daughter Moves Bombay HC Seeking Release On Medical Grounds

14/05/2021

Live Law / by Sharmeen Hakim

It is said that Sudha Bharadwaj is kept in a barrack with 50-60 prisoners, sharing only 3 bathrooms, with no possibility of social distancing and sanitary co-existence.
The Bombay High Court on Thursday sought lawyer-activist Sudha Bharadwaj’s latest medical report from the Maharashtra Government on a plea seeking her interim release on medical bail from Byculla women’s prison.
The petition filed by her daughter Maaysha Singh, invoking Article 226 of the Constitution, states that the sixty-year-old Bharadwaj, who has diabetes and a history of pulmonary tuberculosis, is very unwell.
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Bombay High Court calls for medical report of Bhima Koregaon accused Sudha Bharadwaj in plea seeking bail on medical grounds

13/05/2021

Bar & Bench / by Neha Joshi

The vacation bench directed the Maharashtra government to produce Bharadwaj’s latest medical report by Monday. Bharadwaj is presently lodged at the Byculla women’s prison.
The Bombay High Court on Thursday directed the Maharashtra government to submit by May 17, the latest medical report of Bhima Koregaon accused, advocate Sudha Bharadwaj in a plea seeking her release from prison on medical grounds (Maaysha Singh v. State of Maharashtra & Anr).
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HC asks Maharashtra to submit Bhima Koregaon accused Sudha Bharadwaj’s medical report

13/05/2021

The Print / by pti

According to her counsel, Sudha Bharadwaj was kept in a ward of the prison with 50 other women under extremely unsanitary conditions, and with just three toilets for all of them.
The Bombay High Court on Thursday directed the Maharashtra government to produce the latest medical report of lawyer-activist Sudha Bharadwaj, an accused in the Elgar-Parishad Maoists links case, who is is currently lodged at the Byculla women’s prison here.
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Can neither walk, write nor eat. Talojia jail has brought me to this situation: Fr Stan Swamy tells HC

21/05/2021 Rani

Can neither walk, write nor eat. Talojia jail has brought me to this situation: Fr Stan Swamy tells HC

21/05/2021

The Leaflet / by Gahena Gambani

The Bombay High Court Friday ordered the Taloja Jail authorities to follow the recommendations made by JJ hospital about the treatment and the facilities to be provided to octogenarian Father Stan Swamy, an accused in the Bhima Koregaon case.
A vacation bench comprising Justices SJ Kathawalla and Surendra passed the order while hearing a bail application by Stan Swamy on medical grounds.
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I Would Rather Suffer, Possibly Die Very Shortly If This Were To Go On: Stan Swamy Pleads For Interim Bail In Bombay HC

21/05/2021

Live Law / by Sharmeen Hakim

“Only one thing that I would request the judiciary is to consider for interim bail. That is the only request”, he said.
Father Stan Swamy, an 84-year-old tribal rights activist, who is an undertrial in in the Bhima Koregaon- Elgar Parishad case, pleaded with the Bombay High Court to grant him interim bail to go back to his home in Ranchi.
He told a division bench led by Justice SJ Kathawalla that his health has progressively deteriorated in the eight months he has spent a Taloja Prison. Adding that being in Taloja has brought him to a situation where he can neither eat, write, bathe or go for a walk by himself.
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Hany Babu can be moved to another Mumbai hospital for treatment, rules Bombay HC

19/05/2021 Rani

Hany Babu can be moved to another Mumbai hospital for treatment, rules Bombay HC

19/05/2021

Scroll.in / by Scroll Staff

The professor had sought better medical aid as the hospital where he was admitted was not treating his acute eye infection.
The Bombay High Court on Wednesday allowed Delhi University Professor Hany Babu to be moved to Mumbai’s Breach Candy hospital for treatment, reported Live Law. The professor is an undertrial prisoner in the Bhima Koregaon case.
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“Nothing Wrong If This Becomes A Precedent In Present Times”: Bombay High Court Directs DU Prof Hany Babu To Be Shifted To Breach Candy Hospital By Tomorrow

19/05/2021

Live Law / by Sharmeen Hakim

The Bombay High Court has directed Delhi University Associate Professor Hany Babu, who is covid -19 positive and suffers from black fungus infection, be shifted to Breach Candy hospital by tomorrow.
Babu was arrested in the Bhima Koregaon – Elgaar Parishad case on July 28 2020, by the National Investigation Agency.
A division bench of Justices SJ Kathawalla and SP Tavade observed that the patient deserves to be treated in a hospital of his choice in the current situation when NIA tried to oppose the plea saying it would become a precedent.
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Bombay HC Says Committee of Doctors Required to Examine Stan Swamy / Sets up video call with Swamy on May 21

19/05/2021 Rani

Bombay HC Says Committee of Doctors Required to Examine Stan Swamy

19/05/2021

The Wire / by Sukanya Shantha

Taloja jail, like most other prisons in the state, lacks proper medical facilities. Over 3,500 prisoners here are handled by three Ayurvedic doctors.
A day after Father Stan Swamy was taken to Taloja Central prison from JJ hospital, the Bombay high court has directed the prison authorities to make arrangements to send him back to the hospital. The division bench of Justices S.J. Kathawalla and Surendra Tavade have also directed the dean of JJ hospital to constitute a committee of doctors including a neuro-physician, ENT, orthopaedic, general physician and any other doctor who might be required to examine Swamy.
The report has to be submitted to the court on May 21, when it is scheduled to hear the case again.
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Bombay HC sets up video call with Father Stan Swamy on May 21

19/05/2021

Sabrangindia / by Sabrangindia

It has also directed JJ Hospital’s Dean to constitute a committee of experts to examine the 84-year old’s health.
During the bail hearing of Bhima Koregaon case accused, Father Stan Swamy, the Bombay High Court has ordered Taloja Central jail to set up a video call with him on May 21 at 10:30 A.M.
The court said, “Taloja having video conferencing facilities, they shall arrange a meeting of the appellant with the court on 21st May at 10.30 A.M.” Father Swamy was taken to JJ Hospital yesterday but was brought back to Taloja jail around midnight.
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Activist Stan Swamy taken back to jail after visiting hospital for tests

18/05/2021

Scroll.in / by Scroll Staff

Swamy’s colleague said he was taken to a hospital at 4.45 pm on Tuesday and brought back to jail before midnight.
Tribal rights activist Stan Swamy, who is in custody in connection with the 2018 Bhima Koregaon case, was not shifted to a hospital on Tuesday, his colleague told Scroll.in. The 83-year-old’s health had deteriorated and the Jesuits, the Catholic religious order to which he belongs, had appealed to the Maharashtra government seeking medical attention for the activist.
… “The case comes up for hearing today [Wednesday] and we are told the prosecution will submit his medical report.”
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Jailed activist Stan Swamy shifted to JJ Hospital due to poor health

18/05/2021

Scroll.in / by Scroll Staff

Swamy, 84, suffers from Parkinson’s disease, and his health had deteriorated further recently.
Tribal rights activist Stan Swamy, who is in custody in connection to the 2018 Bhima Koregaon case, was on Tuesday moved to JJ Hospital in Mumbai from Taloja Jail, where he was lodged, a relative of one of the other people arrested in the same matter told Scroll.in.
… Meanwhile, the Bombay High Court is likely to hear Swamy’s medical bail plea on Wednesday, PTI reported.
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Father Stan Swamy finally gets first Covid shot, health continues to deteriorate in jail [read medical note]

18/05/2021 Rani

Sabrangindia / by Sabrangindia

His medical note filed before the Bombay High Court on poor facilities states that Taloja houses 3,251 inmates instead of its capacity of 2,124, with only three Ayurvedic doctors on duty.
Adivasi rights activist and Jesuit Priest Father Stan Swamy has finally been given the first dose of the vaccine against Covid-19 today. This despite the fact that the 84 year old who has multiple comorbidity issues has been eligible to take the vaccine since March 1, 2021. He was reportedly denied the vaccine earlier as he did not have his Aadhaar Card!
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Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

13/05/2021 Rani

Navlakha Loses Bail Plea, But SC Approves House Arrest As Alternative to Jail

13/05/2021

The Wire / by V. Venkatesan

Though the activist’s right to default bail on the basis of his 34-days house arrest in 2018 was turned down by the top court, the judges found merit in treating house arrests as an alternative form of detention.
Well-known human rights activist Gautam Navlakha lost his legal battle for default bail in the Supreme Court on Wednesday. But his case has ironically persuaded the top court to make a huge advance on human rights so that other activists like him are not similarly disadvantaged in future.
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No default bail for Gautam Navlakha, rules SC [read order]

13/05/2021

The Leaflet / by The Leaflet

The Supreme Court Wednesday refused default bail to Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, on the grounds that the 35 days he spent under house arrest in 2018 did not constitute custody in order to compute the 90 day period within which a charge-sheet must be filed under criminal law, to entitle him to to the same. Navlakha is facing charges under the anti-terrorism UAPA.
Read more / read order

Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

12/05/2021

Live Law / by Live Law News Network

The Supreme Court on Wednesday dismissed a petition filed by jailed activist Gautam Navlakha seeking default bail in the Bhima Koregaon case.
Navlkaha wanted to include the 34-day period of his unlawful custody in 2018 while computing the period for filing chargesheet under the Unlawful Activities Prevention Act.
A bench comprising Justices UU Lalit and KM Joseph dismissed Navlakha’s petition, affirming the Bombay High Court judgment. The bench had reserved judgment on March 26.
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