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Category: Persecution

Bombay HC directs Shoma Sen to first move special NIA court for bail in Bhima Koregaon case

Bombay HC directs Shoma Sen to first move special NIA court for bail in Bhima Koregaon case

Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail

17/01/2023

India Today / by Vidya

Sen claims she has been falsely arrested because she had exposed illegal arrests and torture.
The Bombay High Court has directed Elgar Parishad accused Professor Shoma Sen to approach the special NIA court for bail before coming to the high court on appeal.
Sen, behind bars since 2018, had applied for bail before the Pune Sessions Court in December 2018 prior to the filing of the chargesheet and another application after the filing of the chargesheet. Both the applications were rejected by the sessions court by way of common order in November 2019.
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Bombay High Court directs Shoma sen to first move special NIA court for bail

17/01/2023

Bar & Bench / by Neha Joshi

A division bench of Justices AS Gadkari and PD Naik reasoned that the special NIA court ought to be given an opportunity to consider the supplementary chargesheet first before Sen could approach High Court.
The Bombay High Court on Tuesday directed the Bhima Koregaon accused Shoma Sen to approach the special NIA court for bail before coming to the High Court in appeal.
A division bench of Justices AS Gadkari and PD Naik noted that the special NIA court has not had a chance to consider the bail application after the filing of chargesheet.
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Bombay High Court Grants Liberty To Accused Professor Shoma Sen To Approach Special NIA Court For Bail

17/01/2023

Live Law / by Amisha Shrivastava

Bombay High Court on Tuesday disposed of Bhima Koregaon – Elgar Parishad accused Professor Shoma Sen’s bail application with liberty to approach the trial court.
The division bench of Justice AS Gadkari and Justice PD Naik took note of the chargesheet filed against Sen subsequent to the Pune sessions court order denying bail.
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Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

Surendra Gadling

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023

The Wire / by Sukanya Shantha

The human rights lawyer, an accused in the Elgar Parishad case, claims that despite favourable court orders, the prison officials have blocked his access to hospitals, worsening his health condition further.
Surendra Gadling, a human rights lawyer and an arrested accused in the Elgar Parishad case, has been ailing with multiple health issues, including serious cardiac issues and psychiatric disorders. Over the past year, he has made multiple applications before the court seeking adequate medical care. And despite favourable court orders, the prison officials have allegedly blocked his access to hospitals, worsening his health condition further.
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Court issues notice to Taloja jail superintent for not taking Surendra Gadling to hospital

14/01/2023

The Hindu / by Sonam Saigal

Although the court had directed that Mr. Gadling be referred to JJ Hospital, and he was due to recieve psychiatric treatment follow-up on February 20, 2022, he was not taken to hospital until June 6, he alleged
A sessions court at Gadchiroli has issued a notice to the Superintendent and Chief Medical Officer (CMO) of Taloja Central Jail, with regards to their failure to take advocate Surendra Gadling to hospital last year, even three months after being directed to do so by the court. Mr. Gadling is an accused in the Bhima Koregaon caste violence case of 2018.
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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.
Watch video

SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30

16/01/2023

Live Law / by Awstika Das

“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court on Monday, while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira… Indicating that they would like to hear the arguments at length, the bench decided to post the matter on a ‘non-miscellaneous’ day in the week starting on January 30.
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Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

16/01/2023

The Leaflet / by Sarah Thanawala

The matter is posted for hearing on January 30.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia decided to proceed with the hearing of bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira after Justice Dipankar Datta recused himself from hearing the matter on January 12. Gonsalves and Ferreira have filed the bail application in the Supreme Court challenging the rejection of their default bail applications by the Bombay High court.
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Justice Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves and Arun Ferreira

12/01/2023

The Leaflet / by Sarah Thanawala

The matter will now be taken up next week by a bench that does not comprise Justice Datta.
Thursday, Justice Dipankar Datta recused himself from hearing the bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira. The matter will now be taken up by a bench that Justice Dutta is not a part of.
… A Supreme Court division bench, comprising Justices Ravindra Bhatt and Datta, was hearing petitions filed by Gonsalves and Ferreira, challenging the rejection of their bail applications by the Bombay High Court.
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SC judge Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves, Arun Ferreira

13/01/2023

Scroll.in / by Scroll Staff

Justice Dipankar Datta of the Supreme Court on Thursday recused himself from hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, Live Law reported.
… Gonsalves and Ferreira have filed petitions in the Supreme Court challenging the Bombay High Court decision to deny them default bail in the case. The court had held that Gonsalves and Ferreira did not apply for the bail on time.
Read more


Also read:
Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
Special court rejects Arun Ferreira’s plea against NIA (Free Press Journal / Aug 2022)

Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case!

Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case!

Poster by #bakeryprasad

Anchored Narratives / by RJM

How proper file, malware, and memory forensics techniques were able to catch the ModifiedElephant threat actor planting incriminating evidence on defendants’ computers in India.
I agreed in late 2022 to independently review a new digital forensics report from Arsenal Consulting (hereafter: Arsenal), which was still under embargo. Niha Masih, an award-winning reporter with The Washington Post, reached out to me in early December and explained that she had written a series of articles (based on Arsenal reports) about Indian activists in the “Bhima Koregaon” case who were hacked and had evidence planted on their devices before their arrests. Niha asked if I would be able to validate Arsenal’s work.
Read more


Also read:
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Supreme Court extends Gautam Navlakha’s house arrest till February 17

Supreme Court extends Gautam Navlakha’s house arrest till February 17

Gautam Navlakha

Supreme Court extends Gautam Navlakha’s house arrest

09/01/2023

The Leaflet / by Sarah Thanawala

The court granted an adjournment in the hearing of the review of its interim order granting house arrest till February 17. Senior advocate Nitya Ramakrishnan sought permission to allow Navlakha to receive an international phone call.
On Monday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, adjourned the hearing of the matter and extended Navlakha’s house arrest till February 17.
Read more


Gautam Navlakha Requests Permission To Attend International Call From Daughter; Supreme Court Seeks NIA Response

09/01/2023

Live Law / by Sohini Chowdhury

On Monday, Advocate, Ms. Nithya Ramakrishnan, appearing on behalf of human rights activist Gautam Navalakha, accused in the Bhima Koregaon case, who is presently in house arrest, sought the permission of the Supreme Court to receive a call from his daughter living in Spain.
The Senior Counsel apprised a Bench comprising Justice KM Joseph and Justice BV Nagarathna, that the Apex Court had permitted Navalakha to make one call per day from NIA’s phone. However, he is not permitted to make international calls.
Read more


Also read:
Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)
Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)

HC disposes of Hany Babu’s plea after being told about his cataract surgery

HC disposes of Hany Babu’s plea after being told about his cataract surgery


by Live Law / @LiveLawIndia (Jan 6, 2023):
[#BhimaKoregaon -Elgar Parishad Case]
#BombayHC is informed that DU Prof Hany Babu’s cataract surgery was successfully performed.
“We expect the jail officials to take the petitioner to the hospital for follow-up treatment. ” -J AS Gadkari.
Plea disposed of.


HC disposes of Hany Babu’s plea after being told about his cataract surgery

06/01/2023

Midday.com / by pti

The court had last month allowed Babu to undergo a cataract surgery and a medical check-up at a city-based hospital.
The Bombay High Court on Friday disposed of the plea by former Delhi University professor Hany Babu, an accused in the Elgar Parshad-Maoist links case, seeking medical care.
The court had last month allowed Babu to undergo a cataract surgery and a medical check-up at a city-based hospital.
Read more


Also read/listen:
Hany Babu gets temporary bail to undergo cataract surgery (Scroll.in / Dec 16, 2022)
Podcast: The curious case of Dr Hany Babu and India’s political prisoners (abc.net / by Phillip Adams / Nov 29, 2022)
Press and academic freedom organisations like PEN International say the Modi government in India has been using its anti-terror laws against academics, journalists and public intellectuals who have been critical of the government.
Guest: Paranjoy Guha Thakurta – journalist, author, publisher, educator and documentary film-maker.

en │ 18min │ 2022
Listen to the podcast

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Gonsalves in discharge plea

05/01/2023

The Indian Express / by Express News Service

Referring to multiple reports by US-based forensic consulting firm Arsenal Consulting, which said that malware was planted on the electronic devices of his co-accused, Gonsalves has said the main evidence in the case is ‘unworthy of credit’.
Vernon Gonsalves, an accused in the Elgaar Parishad case, filed his discharge application before the special court on Wednesday, stating that electronic records relied on by the investigators are dubious.
Read more


Vernon Gonsalves cites Arsenal report to seek discharge

05/01/2023

Free Press Journal / by Bhavna Uchil

Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused.
Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused. The electronic evidence forms the foundation of the prosecution’s case. He has claimed that it’s dubious and has called into question the whole basis of the case.
Read more


Activist Vernon Gonsalves files for discharge

04/01/2023

Hindustan Times / by Charul Shah

The activist has raised questions on the sanction given by the competent authorities to invoke charges under the Unlawful Activities Prevention Act. In the discharge plea, he has claimed that the sanctioning authority has to be independent and needs to evaluate evidence before granting sanction
Human rights activist Vernon Gonsalves has filed a plea before the special NIA court seeking discharge from the Elgar Parishad-Bhima Koregaon violence case, claiming that there was no evidence to proceed against him. Gonsalves, arrested in August 2018, is currently lodged in Taloja jail.
Read more


Also read:
Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)
Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jun 11, 2018)

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery

VV Rao, Feb 2021

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery at Hyderabad

05/04/2023

Bar & Bench / by Neha Joshi

Justice RG Avachat directed the National Investigation Agency (NIA) to respond to the application filed by Rao seeking to quash the order of the special NIA court refusing him leave to go to Hyderabad for the surgery.
The Bombay High Court on Wednesday issued notice to the National Investigation Agency (NIA) on a plea filed by Telugu poet Varavara Rao, accused in Bhima Koregaon case of 2018, seeking permission to conduct his cataract surgery at Hyderabad.
Read more


Bombay High Court Issues Notice To NIA In Bhima Koregaon Accused Varavara Rao’s Plea Seeking Permission To Go To Hyderabad For Cataract Surgery

05/04/2023

Live Law / by Amisha Shrivastava

Telugu poet Varavara Rao, accused in the Bhima Koregaon case, has approached the Bombay High Court seeking permission to travel to Hyderabad to undergo cataract surgery in both his eyes.
Justice R. G. Avachat issued notice to NIA in the plea challenging trial court’s order rejecting his request to travel to Hyderabad and stay there for three months. The matter was posted on January 16, 2023.
Read more


Also read:
Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court (Live Law / Sep 2022)

Advocate Surendra Gadling moves Bombay High Court for default bail

Advocate Surendra Gadling moves Bombay High Court for default bail

by Bar & Bench – Live Threads /Jan 18, 2023)

Bombay High Court is hearing the application filed by Surendra Gadling, accused in Bhima Koregaon, seeking default bail.

Advocate Yashodeep Deshmukh for Gadling: Gadling has moved an application before the High Court registrar seeking appearance in person. I thought it best to inform the court since I do not want allegations against me.

Deshmukh: If this goes in our favour then there will be no allegations. If not, then there might be allegations against me or the court. Adv Sandesh Patil for NIA: I do not have any documents. Court: Serve copy to the otherside. Place it after 2 weeks.


Got Certified Copy Of Bail Order To File Appeal After 55-Days: Bhima Koregaon Accused Surendra Gadling Justifies Delay In Default Bail Application

04/01/2023

Live Law / by Sharmeen Hakim

Advocate Surendra Gadling an accused in the Bhima Koregaon – Elgar Parishad Caste violence case has approached the Bombay High Court against rejection of his default bail application by the Special NIA Court.
In the plea under Section 21(4) of the NIA Act Gadling has blamed the prison department for the delay of nearly two months in receiving certified copies of the order of the Special Court, to justify the delay in filing the appeal.
Read more


Bhima Koregaon accused Surendra Gadling moves Bombay High Court for default bail

04/01/2023

Bar & Bench / by Neha Joshi

The accused moved the High Court challenging an order of June 28, 2022 passed by a Special NIA Court rejecting his default bail plea.
Surendra Gadling, accused in the Bhima Koregaon violence of 2018, has approached the Bombay High Court seeking default bail in the case.
Gadling, who is presently in judicial custody, moved the Court challenging an order of June 28, 2022 by the special court rejecting his default bail application.
Read more


HC asks NIA to respond to Surendra Gadling’s default bail plea

04/01/2023

Hindustan Times / by K A Y Dodhiya

Surendra Gadling, an accused in the Elgar Parishad case, has filed an application in the Bombay high court challenging the June 2022 rejection of his default bail plea by the special NIA (National Investigation Agency) court. Gadling has also sought condonation of the delay of ten days in filing the application, which, he said, was because of a delay on the part of the prison authorities in providing a certified copy of the order. The HC has asked NIA to respond to the issue of condonation of delay.
Read more


Also read:
● NIA special court rejects default bail application of five accused (The Leaflet / June 2022)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / Jul 2021)


By Adv Surendra Gadling Defence Committee:
With due credit to anonymous artist and to the jailed, to be jailed lawyers

5 years on, Bhima Koregaon violence accused yet to get 60% of clone copies

5 years on, Bhima Koregaon violence accused yet to get 60% of clone copies

poster by @/bakeryprasad

The Hindu / by Sonam Saigal

Despite directions given by the special court to NIA to provide all the evidence, only 40% has been shared, says advocate for some of the accused in the case.
It is almost five years since caste-based violence broke out at Bhima Koregaon in Pune but more than 60% of ‘clone copies’ of the evidence against the 15 accused, who are activists, lawyers, journalists, and professors, have not been shared with them.
Read more


Also read:
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)