Persecution – Page 2 – free them all

Gautam Navlakha was active member of banned terrorist says special court while rejecting bail plea [read order]

13/04/2023 Asha

Reasonable grounds for believing accusations about Gautam Navlakha being CPI-Maoist member: Court

14/04/2023

The Indian Express / by Express News Service

Navlakha was arrested on April 14, 2020, by the NIA and has been under house arrest since November 2022.
IN ITS detailed order rejecting bail to 69-year-old Gautam Navlakha in the Elgaar Parishad case, the special court in Mumbai has said there is prima facie evidence of a nexus between him and Syed Gulam Nabi Fai, who was convicted by a US court in 2012 for links with Pakistani spy agency ISI. The court said there are reasonable grounds for believing accusations against Navlakha, including that he is a member of the banned organisation Communist Party of India (Maoist).
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Gautam Navlakha was active member of banned terrorist group involved in attacks against security forces: Mumbai court [read order]

13/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya opined that there are reasonable grounds for believing that the accusations against Navlakha are prima facie true.
Bhima Koregaon case accused Gautam Navlakha was a member of banned terrorist organisation Communist Party of India (Maoist), which attacked and killed many government security forces, a Mumbai court held while rejecting the activist’s bail plea.
In an order uploaded on Wednesday, Special National Investigation Agency (NIA) judge Rajesh Katariya opined that there were reasonable grounds for believing that the accusations against Navlakha were prima facie true.
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Read order

Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Surendra Gadling’s plea to allow him to appear in person pending before the Bombay High Court

11/04/2023 Asha

The Leaflet / by Sarah Thanawala

In the application, Gadling detailed his right to appear in person and the tedious process of in-person visits for undertrial prisoners.
On April 10, 2023, a division Bench of the Bombay High Court, comprising Justices Revati Mohite Dere and Sharmila Deshmukh, recused itself from hearing an appeal by human rights lawyer and Dalit rights activist Surendra Gadling for the grant of default bail. With its recent change in assignments, the high court is yet to decide on Gadling’s application to appear in person and allow his production before the high court, where his appeal for grant of default bail is pending. The application was sent by Gadling from Taloja jail in November 2022.
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Also read:
● To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates (India Today / March 2023)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Also watch:
● Video: The Prison Song of Surendra Gadling
hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
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Special NIA Court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

06/04/2023 Asha

Mumbai court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

06/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A special National Investigation Agency (NIA) court on Thursday rejected the regular bail plea of Gautam Navlakha in the Bhima Koregaon case of 2018.
Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A detailed order of the order is yet to be made available.
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Special NIA Court Denies Bail to Gautam Navlakha

06/04/2023

The Wire / by The Wire Staff

The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
Activist Gautam Navlakha was once again denied bail by a special NIA court on Thursday, April, in the Elgar Parishad-Maoist links case.
The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
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Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

When Push Comes to Shove: Tracking Judicial Recusals and Transfers

04/04/2023 Asha

The Wire / by Sukanya Shantha

Taking stock of some cases important for the right to life and liberty and freedom of expression where judges left mid-way.
… The Elgar Parishad case against 16 human rights defenders has gone through several twists and turns over the past five years. Both the state and the Central agency’s role, the subsequent investigations and the electronic evidence allegedly gathered from the accused have faced severe criticism. Even five years later, the trial is yet to commence and those imprisoned have been moving bail applications at different levels. In some of these matters, a number of judges from the Bombay high court and the Supreme Court have recused themselves.
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Also Read:
● Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, others (India Legal / March 2023)

Jesuit priest accused of terrorism was victim of digital hacking

03/04/2023 Asha

Independent Catholic News / by John McManus

Today, Jesuit Missions, the international mission and development office of the Jesuits in Britain, along with the international Xavier Network, are calling on the Indian Government to clear Fr Stan’s name, especially in light of new evidence which proves that he was systematically targeted during a four-year campaign, during which time falsified evidence was planted on the priest’s computer.
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Also read:
● Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case (Mumbai Rises to Save Democracy / Dec 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

The Secret Of The Sealed Cover!

03/04/2023 Asha

Rising Kashmir / by Dr. Swati Jindal Garg

Even though there is a specific law that defines sealed cover jurisprudence, the concept also finds a mention in Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872
… In the Bhima Koregaon case also, wherein activists were arrested under the Unlawful Activities Prevention Act, the Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover. In the case of activist Gautam Navlakha, the police had submitted a sealed envelope including information recovered from the electronic devices seized from the activist.
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Also read:
● NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case (India Today / Feb 2023)

Anand Teltumbde Explains the Genesis of His Articles on Bhima-Koregaon

31/03/2023 Asha

The Wire / by Anand Teltumbde

Instead of addressing the pathetic condition of Dalits, many Ambedkarites are busy promoting a devotional cult of Babasaheb, hollowing out his radical content and helping the ruling classes exploit his legacy.
In view of the controversy my article in The Wire of January 2, 2018 created – which I did not have an occasion to respond to with an explanation due to my entrapment in the case that paradoxically pivoted on the allegation that I was the main organiser of the Elgar Parishad – this note is intended to explain the factual background and motive for my writing the article.
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Also Read:
● The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend (The Wire | by Anand Teltumbde | Jan 2018)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)
● Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│ by Sudhir Dhawale │ March 2018)

Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, 3 others

30/03/2023 Asha

By Bar & Bench (March 30):
Bench of Justice Revati Mohite Dere of Bombay High Court recuses from hearing default bail pleas of Bhima Koregoan accused Mahesh Raut and 3 others.

Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, others

30/03/2023

India Legal / by India Legal

Justice Revati Mohite Dere of Bombay High Court on Thursday recused herself from hearing the default bail petitions of Mahesh Raut and three others, who were arrested for their alleged involvement in the Elgar Parishad Maoists links case of 2018.
Earlier on March 1, the High Court had issued notice to the National Investigation Agency (NIA) on the default bail plea of Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson, who were arrested on June 6, 2018 under the Unlawful Activities (Prevention) Act.
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Also Read:
● 4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)

Podcast: How are women treated in Indian prisons | Teesta Setalvad | Sudha Bhardwaj | Sokalo Gond

21/03/2023 Asha

en/hindi | 13:18min | 2023

By Citizens for Justice and Peace (cjp)

Episode 18 of CJP’s Podcast Series RightsCast
How does the Indian Prison system strip the women inmates of their basic rights and dignity? In a patriarchal society, within a prison system that’s designed to focus on male inmates, how do female prisoners navigate their incarceration?
Listen to this in-depth podcast on the conditions of women inmates in India’s prisons where human rights activists, Adivasi leaders, student activists, lawyers and citizens-in-resistance share stories of horror and explore the plight of women in prison.
Listen to the podcast

Video: Being inside the Jail is a dehumanising experience | Sudha Bharadwaj | QUAID KE PARE

By Citizens for Justice and Peace
hindi | 3:13min
Watch video

Video: Healthcare and Mental Health inside Prison | Sudha Bharadwaj | QUAID KE PARE

By Citizens for Justice and Peace
hindi | 5:51min
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Also watch/read:

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
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● ‘Buzz of a Mosquito… But With the Sound of Grief’: The Lives of India’s Women Prisoners (The Wire / March 2021)

Video: “Plan to curtail civil society,” says Hany Babu’s wife Jenny Rowena

11/03/2023 Asha

en | 11:58min | 2023

Maktoobmedia.com / by Shaheen Abadulla

Jenny Rowena, the wife of jailed Delhi University professor Hany Babu, laments the situation of prisons in India and accuses that, as a society, we failed to have a social ethos that never undermines prisoners’ rights.
While talking to Maktoob‘s Shaheen Abdulla, she emphasized that medical negligence in prisons has led to serious conditions for Babu, who is booked under UAPA in the Elgar Parishad Bhima Koregaon case.
Watch video