Case Update – Page 8 – free them all

Supreme Court Issues Notice on Surendra Gadling’s Bail Plea in 2016 Gadchiroli Arson Case

10/10/2023 Asha

by Bar & Bench / @barandbench (Oct 23, 2023):
Bombay High Court has condoned delay in filing of appeal of Bhima Koregaon accused Surendra Gadling seeking default bail.

Supreme Court Issues Notice on Surendra Gadling’s Bail Plea in 2016 Gadchiroli Arson Case

10/10/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday issued notice on the bail plea of Dalit rights activist and advocate Surendra Gadling in the 2016 Gadchiroli Arson Case. The Nagpur-based lawyer is also among the 16 accused in the Bhima Koregaon case and is currently lodged in Navi Mumbai’s Taloja prison.
A bench of Justices Aniruddha Bose and Bela Trivedi was hearing Gadling’s special leave petition challenging the Bombay High Court’s decision to reject his bail application in the Gadchiroli arson case which involved around 80 vehicles transporting iron ore from Surjagarh mines in Maharashtra’s Gadchiroli district from allegedly being set on fire by Maoists in December 2016.
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Gadchiroli arson case: Supreme Court issues notice in bail plea of Surendra Gadling

10/10/2023

The Leaflet / by Sarah Thanawala

Senior advocate Anand Grover, representing Gadling, stated that Gadling’s case is “less egregious” than the case of two other co-accused persons in the Bhima Koregaon case— trade unionist and activist Vernon Gonsalves and lawyer and activist Arun Ferreira.
On Tuesday, the Supreme Court issued a notice in the bail plea by human rights lawyer and Dalit rights activist Surendra Gadling.
A division Bench of the high court comprising Justices Aniruddha Bose and Bela M. Trivedi was hearing the bail application filed by Gadling, challenging the Order of the Bombay High Court dated January 31.
Read more

Also read:
● HC upholds denial of bail to Nagpur lawyer Surendra Gadling (Nagpur Today / Feb 2023)
● Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
● Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao, prompting senior lawyers to say this is ‘ever-greening of charges’ (The Leaflet / Jan 2019)

Supreme Court adjourns hearing on bail plea by Shoma Sen

04/10/2023 Asha

Odiashatv.in / by ians

A Bench comprising Justices Aniruddha Bose and Bela M Trivedi posted the matter for hearing after a period of four weeks and allowed the petitioner to file a rejoinder to the counter-affidavit filed by the NIA.
The Supreme Court on Wednesday deferred the hearing on a bail plea filed by Professor Shoma K Sen, an accused in the Bhima Koregaon case.
Read more

Also read:
● Supreme Court seeks NIA reply on interim bail for Elgar Parishad accused activist (Hindustan Times / Aug 2023)
● Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

SC Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

26/09/2023 Asha

Supreme Court extends stay on bail granted to Mahesh Raut

27/09/2023

The Leaflet / by Sarah Thanawala

On September 21, Bombay High Court had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency to appeal in the Supreme Court.
On Wednesday, the Supreme Court extended the stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
On September 21, a division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency (NIA) to appeal in the Supreme Court.
Today, a division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi heard the special leave petition filed by the NIA challenging the Order of the high court.
Read more

Supreme Court Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

27/09/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (September 27) admitted the appeal by the National Investigation Agency (NIA) challenging the bail granted to tribal rights activist Mahesh Raut in the Bhima Koregaon case over alleged maoist list.
The Court also extended the stay, which was granted by the Bombay High Court itself on the bail order, till the next date of hearing October 5.
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Supreme Court extends Bombay High Court stay on bail to Mahesh Raut

27/09/2023

Bar & Bench / by Abhimanyu Hazarika

A bench of Justices Aniruddha Bose and Bela M Trivedi admitted the NIA’s appeal against the High Court’s order granting Raut bail and listed the case on October 5. The stay on Raut’s bail order will continue until then.
The Supreme Court on Wednesday extended till October 5 the stay imposed by the Bombay High Court on its order granting bail to Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case. [National Investigation Agency v. Mahesh Sitaram Raut and anr]
A bench of Justices Aniruddha Bose and Bela M Trivedi passed the order on the appeal filed by National Investigation Agency (NIA) before the apex court challenging the High Court’s bail order.
Read more

Also read:
▪ The cost of protesting against mining in Gadchiroli (Scroll.in | by Nolina Minj | Sep 27, 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)
▪ No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order] (Live Law / Sep 21, 2023)
▪ Encountering Resistance – State Policy for Development in Gadchiroli (Coordination of Democratic Rights Organisations (CDRO / June 2018)
▪ Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

21/09/2023 Asha

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

21/09/2023

The Leaflet / by Sarah Thanawala

The matter is posted for further hearing after three weeks.
On Thursday, the Supreme Court granted three weeks time to anti-caste activist and musical performer, Jyoti Jagtap, to file a rejoinder in support of her bail plea.
A division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi was hearing Jagtap’s plea for grant of regular bail.
Read more

Supreme Court adjourns hearing on activist Jyoti Jagtap’s plea against HC order

21/09/2023

The Telegraph / by pti

Jagtap has moved the apex court challenging the October 17, 2022 order of the high court that refused to grant her bail
The Supreme Court on Thursday adjourned for four weeks a plea moved by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order denying her bail.
Read more

Also read:
● Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
● Hany Babu, three Kabir Kala Manch members denied bail in Bhima-Koregaon case (Free Press Journal / Feb 2022)

In Jail for 5 Years, Activist Mahesh Raut Gets Regular Bail in Bhima Koregaon Case [read order]

21/09/2023 Asha

In Jail for 5 Years, Activist Mahesh Raut Gets Bail in Elgar Parishad Case

21/09/2023

The Wire / by Sukanya Shantha

The 36-year-old tribal rights activist is one of the first five persons to have been arrested in the controversial case, on June 6, 2018.
Five years after 36-year-old tribal rights activist Mahesh Raut was arrested for his alleged role in the Elgar Parishad case, the Bombay high court on Thursday, September 21, granted him bail.
The National Investigating Agency (NIA), which is handling the investigation in the case, sought two weeks’ time to appeal in the Supreme Court. The HC, however, granted a week’s time.
Read more

Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut

21/09/2023

The Leaflet / by Sarah Thanawala

The operation of the Order granting bail to Mahesh Raut is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Thursday, the Bombay High Court granted regular bail to forest rights activist Mahesh Raut.
A division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh, however, has stayed the Order for one week.
Read more

Bombay High Court grants bail to Mahesh Raut; sixth accused to get bail [read order]

21/09/2023

Bar & Bench / by Neha Joshi

Raut is the sixth person to get bail in the Bhima Koregaon case after Sudha Bhardwaj, Varavara Rao, Anand Teltumbde, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Thursday granted bail to Mahesh Raut, one of the accused persons in the Bhima Koregaon riots case of 2018.
A division bench of Justices AS Gadkari and Sharmila Deshmukh passed the order.
The Court stayed its order for a week after the National Investigation Authority (NIA) sought time to file appeal against the same before the Supreme Court.
Read more

Read order

No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order]

21/09/2023

Live Law / by Sharmeen Hakim

Observing that the material against forest rights activist Mahesh Raut couldn’t lead to a prima-facie inference that he had indulged in a ‘terrorist act’ under Section 15 of the Unlawful Activities (Prevention) Act 1967, the Bombay High Court granted him bail in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
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Bhima Koregaon Case: Bombay High Court Grants Bail To Mahesh Raut, Stays Bail For One Week At NIA’s Request

21/09/2023

Live Law / by Sharmeen Hakim

The Bombay High Court granted bail to Mahesh Raut an accused in the 2018 Bhima Koregaon – Elgar Parishad larger conspiracy case making him the sixth person to get bail in this case. However, the High Court stayed the order granting bail for one week at the request of the National Investigating Agency (NIA), which sought for a stay of two weeks.
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Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC!

21/09/2023

Sabrangindia.in / by SabrangIndia

After 5 years of incarceration, court grants bail as Section 16, 17, 18 of UAPA not made out, order stayed for one week as NIA seeks time to file appeal with the Supreme Court.
Mahesh Raut, the youngest accused in the Bhima Koregaon Elgar Parishad Violence case, has been granted bail by the Bombay High Court. On September 21, 2023, a division bench of Justice AS Gadkari and Justice Sharmila Deshmukh passed the bail order.
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Elgaar Parishad case: Mahesh Raut sixth to secure bail; 8 others still in jail

22/09/2023

The Indian Express / by Omkar Gokhale

The High Court had initially allowed a regular bail plea of Mahesh Raut but stayed its order for a week after the National Investigation Agency (NIA) sought a stay for 14 days so that it can approach the Supreme Court.
… Of the total 16 accused who were held, six of them (including Raut) have received bails from either the High Court or the Supreme Court. Among the accused who are still in custody are Gautam Navlakha, who is under house arrest.
Read more

Who is Mahesh Raut? Bombay HC grants him bail in Elgaar Parishad Case

23/09/2023

The Statesman / by Statesman Web

The Bombay High Court has recently granted bail to Mahesh Raut in connection with the Elgaar Parishad case, with the condition that the order will be stayed for a week upon the National Investigation Agency’s (NIA) request.
Raut, a dedicated land rights activist working in the Gadchiroli region of Maharashtra, had initially sought regular bail in 2022 after his bail plea was rejected by the special NIA court in November 2021. Let’s take a closer look at Mahesh Raut and his background.
Read more

Also read:
● Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / by Neema Pathak Broome and Mahesh Raut / June 2017)

NIA asked to submit affidavit that cloned copies of all evidence have been supplied to the accused

18/09/2023 Asha

NIA asked to submit affidavit that cloned copies of all evidence have been supplied to the accused

17/09/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency (NIA) court also directed the NIA to state in its affidavit that the prosecution would not be relying on any documents other than those for which hard disks have been given to the accused.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria directed the NIA to file an affidavit stating that it has provided cloned copies of seized electronic evidence to the accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
… The NIA is required to submit the affidavit on the next date of hearing, that is, October 5.
Read more

NIA told to affirm that it has provided cloned copies of evidence to accused persons

18/09/2023

Scroll.in / by Scroll Staff

A special court directed the agency to file an affidavit, stating that they would not use any electronic evidence except whose copies have been provided.
… the court directed the agency to file an affidavit by October 5 stating that they would not use any electronic evidence except that for which copies have been provided to the accused on hard disks.
Read more

Also Read:
● What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle? (The Leaflet / Aug 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)

Bombay High Court reserves order on Mahesh Raut’s bail plea

11/09/2023 Asha

Mahesh Raut’s bail plea reserved for judgment on September 21

12/09/2023

The Leaflet / by Sarah Thanawala

Additional Solicitor General of India Devang Girish Vyas, representing the NIA, argued that as an active member of the banned Communist Party of India (Maoist), Mahesh Raut recruited members and received funds to further its activities, and he was a participant in the Elgar Parishad event that had led to violence.
… With the conclusion of arguments on both sides, the matter is reserved for judgment on September 21.
Read more

Bombay High Court reserves order on Mahesh Raut’s bail plea

13/09/2023

India Today / by Vidya

Division bench of Bombay High Court has reserved its order on activist Mahesh Raut’s bail plea in the Elgar Parishad Maoist links case. The order will be issued on September 21.
The Bombay High Court, on Tuesday, reserved its verdict on the bail plea of activist Mahesh Raut, who stands accused in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Advocate Mihir Desai, representing Raut, cited several high court and Supreme Court orders where Raut’s co-accused were granted bail and argued that his case is on par with theirs.
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HC reserves its order in Elgar accused’s bail plea

13/09/2023

The Times of India / by Swati Deshpande

Bombay high court on Tuesday reserved for orders a bail plea filed by Mahesh Raut, a 34 year old researcher from Chandrapur, accused in the January 2018 Elgar Parishad case. The HC bench of Justices Ajay Gadkari and Sharmila Deshmukh said it would pass orders on September 21 or by September 26.
Read more

Mahesh Raut bail plea seeks parity with Dr Anand Teltumbde’s

11/09/2023

The Leaflet / by Sarah Thanawala

Senior advocate Mihir Desai, appearing on behalf of Mahesh Raut, took the court through material cited by the National Investigation Agency, claiming lack of evidence against Raut. Desai sought parity with judgments granting bail to other co-accused persons— Dr Anand Teltumbde, Vernon Gonsalves and Arun Ferreira.
On Monday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh heard the bail plea of forest rights activist Mahesh Raut.
Read more

Also read:
● Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 2023)
● Why the Bombay High Court granted regular bail to Dr. Anand Teltumbde: An explainer (The Leaflet / Dec 2022)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / by Neema Pathak Broome and Mahesh Raut / June 2017)

NIA asked to submit a chart with details of copies of evidence supplied and yet to be supplied to the accused

05/09/2023 Asha

The Leaflet / by Sarah Thanawala

The National Investigation Agency was directed to comply with the predecessor judge’s Order dated May 23, 2022, directing the it to provide a chart on data of documents.
On Tuesday, a National Investigation (NIA) court of special judge Rajesh Kataria directed the NIA to provide a chart of the data of the cloned copies of seized documents in the Bhima Koregaon-Elgar Parishad Maoist links and criminal conspiracy case.
The plea is for the NIA to comply with Section 207 (supply of a copy of the police report and other documents to the accused) of the Code of Criminal Procedure (CrPC).
Read more

Also Read:
● What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle? (The Leaflet / Aug 2023)
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / July 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)

SC adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks

01/09/2023 Asha

Supreme Court adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks

01/09/2023

The Leaflet / by Sarah Thanawala

The Bench comprising Justices M.M. Sundresh and J.B. Pardiwala expressed “reservations” over the grant of house arrest to Navlakha by the predecessor Bench.
Today, the Supreme Court directed the National Investigation Agency (NIA) to file a counter-affidavit on Gautam Navlakha’s plea to change the location of his house arrest.
A division Bench comprising Justices M.M. Sundresh and J.B. Pardiwala adjourned the hearing for eight weeks.
Read more

Supreme Court Doubts Earlier Order Allowing House Arrest For Bhima Koregaon Accused Gautam Navlakha

01/09/2023

Live Law / by Awstika Das

The Supreme Court on Friday doubted its November 2022 order allowing human rights activist and Bhima Koregaon-accused Gautam Navlakha to be released from detention and placed under house arrest on grounds of his deteriorating health. Such an order, the court orally observed, might set the ‘wrong precedent’.
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Video: SC Doubts Earlier Order Allowing House Arrest For Gautam Navlakha

02/09/2023

Live Law / by Anuj Nakade

en | 7:11 | 2013
Watch video

Supreme Court expresses reservations over earlier order to allow plea by Gautam Navlakha for house arrest

01/09/2023

Bar & Bench / by Abhimanyu Hazarika

A bench of Justices MM Sundresh and JB Pardiwala orally observed that the order in question did not deal with the merits of the overall case and proceedings against the activist.
The Supreme Court on Friday orally remarked that it may have reservations over its earlier decision to allow the plea filed by Bhima Koregaon violence accused Gautam Navlakha to shift him from jail and place him under house arrest [Gautam Navlakha vs National Investigation Agency and anr].
Read more

Also read:
● NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag (The Leaflet / May 2023)
● Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)

Supreme Court Agrees To Hear Shoma Sen’s Plea For Interim Bail On Medical Grounds

23/08/2023 Asha

Supreme Court Agrees To Hear Shoma Sen’s Plea For Interim Bail On Medical Grounds

23/08/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday agreed to hear an interim bail application filed by English professor and Bhima Koregaon-accused Shoma Sen on grounds of her deteriorating health.
A bench of Justices Aniruddha Bose and SVN Bhatti was hearing a petition challenging a January 17 order of the Bombay High Court, by which it directed Sen to approach the special court trying her case, for bail.
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Supreme Court seeks NIA reply on interim bail for Elgar Parishad accused activist

23/08/2023

Hindustan Times / by Abraham Thomas

A bench of justices Aniruddha Bose and SVN Bhatti issued notice on the application by Shoma Sen and directed NIA to submit its response by October 4, the next date of hearing
The Supreme Court on Wednesday sought the response of the National Investigation Agency (NIA) on a plea filed by activist Shoma Sen, an accused in the Elgar Parishad-Maoist links case, seeking interim bail on account of her deteriorating health.
Read more

Also read:
● “Hopefully waiting” writes Shoma Sen from prison (InSAF India / Jul 2023)

● Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)