Persecution – Page 31 – free them all

Supreme Court grants regular bail to Vernon Gonsalves & Arun Ferreira, with tethers

28/07/2023 Asha

Supreme Court grants bail to Vernon Gonsalves and Arun Ferreira, with tethers

28/07/2023

The Leaflet / by Sarah Thanawala

The Bench directed the National Investigation Agency (NIA)’s special court to set such conditions as necessary, including requiring the two to not change their mobile phones, keep them active and charged at all times, keep the location status of the mobile phones ‘active’ all through the day, and pair the devices with the devices of the investigating office of the NIA.
On Friday, the Supreme Court granted regular bail to trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira.
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Supreme Court Grants Bail To Vernon Gonsalves & Arun Ferreira In Bhima Koregaon Case

28/07/2023

Live Law / by Awstika Das

The Supreme Court on Friday granted bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967. They were arrested in connection with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, and for having alleged links with the proscribed far-left outfit, Communist Party of India (Maoists).
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Supreme Court Grants Bail To Vernon Gonsalves, Arun Ferreira [Read judgment]

28/07/2023

Bar & Bench / by Debayan Roy

A bench of Justices Aniruddha Bose and Sudhanshu Dhulia said that while the charges against the two accused are serious, that alone cannot be the reason for denying bail.
The Supreme Court on Friday granted bail to Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon violence case of 2018 [Vernon vs State of Maharashtra and anr].
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Read judgment

After 5 Years in Jail, Vernon Gonsalves and Arun Ferreira Get Bail in Elgar Parishad Case

28/07/2023

The Wire / by Sukanya Shantha

… The Elgar Parishad case, registered by the Pune police in January 2018 and later handed over to the National Investigating Agency in 2020, has been mired in controversy since the very start. While the state had initially claimed that 16 persons – including Gonsalves and Ferreira – played an active role in “provoking” the gathered crowd at Bhima Koregaon with their speeches and triggering violence on the 200th-anniversary celebration of the battle of Bhima Koregaon, they were later accused of being “urban Naxals”.
The claims of their alleged association with the banned CPI (Maoist) organisation is based on purported emails and other evidence allegedly retrieved from the electronic devices belonging to the accused. These claims, however, have been challenged by many independent forensic organisations.
Read more

Also read:
● National Campaign to Defend Democracy: 5 Years of Unjust Incarceration under Fabricated Evidence (Counterview / July 2023)
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (dailyo | by Arun Ferreira and Vernon Gonsalves | Jun 2018)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)

NIA is allowed yet more time to file reply to plea for furnishing copies of evidence to accused

28/07/2023 Asha

The Leaflet / by Sarah Thanawala

A few accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case have previously argued that their applications for cloned copies under Section 207 of the Code of Criminal Procedure have been pending for more than five years.
On Friday, a National Investigation (NIA) special court of judge Rajesh Kataria allowed the NIA time till August 17 to file a reply to the applications filed by the accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Read more

Also read:
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / Jul 18, 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Bombay High Court allows NIA’s request to adjourn Mahesh Raut’s bail plea

27/07/2023 Asha

Bombay High Court allows NIA’s request to adjourn Mahesh Raut’s bail plea

27/07/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency has sought the adjournment of Mahesh Raut’s bail plea on the ground that the newly appointed Additional Solicitor General of India is yet to assume office. The matter is posted for further hearing on August 7.
On Thursday, the division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige allowed adjournment of hearing in the bail plea of forest rights activist Mahesh Raut.
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ASG for Bombay High Court takes charge, seeks time to argue Elgar Parishad bail plea

27/07/2023

India Today / by Vidya

Devang Vyas is currently the ASG for Gujarat High Court and has now assumed the additional role of ASG for the Bombay High Court for a duration of six months or more.
Additional Solicitor General (ASG) Devang Vyas on Thursday informed the Bombay High Court that he had just assumed charge and requested some time to prepare himself. As a result, he sought an adjournment for the hearing of the bail plea of Elgar Parishad accused Mahesh Raut… He also requested that the bail plea of Raut’s co-accused, Gautam Navlakha, be adjourned to another date.
Read more

Also read:
● National Campaign to Defend Democracy: 5 Years of Unjust Incarceration under Fabricated Evidence (Counterview / July 2023)
● NIA opposes Mahesh Raut’s bail plea in Bombay HC (Indian Express / June 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)

Probe agency opposes Gautam Navlakha’s bail plea in Bombay High Court

25/07/2023 Asha

NIA Opposes Bail Application Of Accused Gautam Navlakha

25/07/2023

Free Press Journal / by Urvi Mahajani

NIA has claimed that Navlakha is an active member of a banned terror organisation and engages in activities furthering its objectives. The NIA also recovered incriminating documents from gadgets in his house.
The National Investigation Agency (NIA) has opposed bail plea of former journalist Gautam Navlakha, an accused in the Elgar Parishad – Bhima Koregaon case, stating that the lower court rejected his bail plea on the grounds that the accusations against him are prima facie true. NIA has also claimed that Navlakha was an active member of a banned terror organisation and engages in activities furthering its objectives.
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Probe agency opposes Navlakha’s bail plea in Bombay High Court

25/07/2023

India Today / by Vidya

The NIA cited its chargesheet that claims that Gautam Navlakha was recruited by Ghulam Nabi Fai on the direction of Pakistan’s spy agency, the Inter-Services Intelligence (ISI).
The National Investigation Agency (NIA) has requested a one-week adjournment for the hearing of Gautam Navlakha’s bail plea, as the newly appointed Additional Solicitor General (ASG) is yet to assume office.
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Anand Teltumbde: I never imagined I would have a jail life (Part 1)

25/07/2023 Asha

Rediff.com / by Neeta Kolhatkar

‘I was under the illusion that this could never happen to me because my background was such — corporate CEO, IIT professor, IIT alumnus, IIM…’
Anand Teltumbde was born into a family of Dalit labourers and excelled in his studies. He went on to get an MBA from one of the top IIMs in this country…
Anand Teltumbde, in an interview with Rediff.com Senior Contributor Neeta Kolhatkar, reveals, “I was made to stand naked and they took photos. This is the sort of humiliating experience you undergo at Taloja jail.”
The first of a multi-part interview.
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Also Read:
● Rama Teltumbde: We struggled to see each day through (Part 3) (Rediff.com / by Neeta Kolhakar (Jul 31, 2023)
● Anand Teltumbde: If my mother knew of my arrest, she would have died of shock (Part 2) (Rediff.com /Jul 28, 2023)
● Why the Bombay High Court granted regular bail to Dr. Anand Teltumbde: An explainer (The Leaflet / Dec 2022)

National Campaign to Defend Democracy: 5 years of unjust incarceration under fabricated evidence

24/07/2023 Asha

Counterview / by National Campaign to Defend Democracy

…
The National Campaign to Defend Democracy which is a coalition of over 100 organisations working on human rights issues would like bring to your attention the situation of five years of unjust incarceration under false and fabricated evidence of some of India’s finest intellectuals, thinkers, activists and lawyers.
This injustice which goes by the name of the Bhima Koregaon – Elgar Parishad Conspiracy case – started its nightmarish journey five years ago. Even as of today, 16 noted academics, intellectuals, lawyers, writers, poets, activists, stand charged with conspiring to overthrow the elected government, indulging in terrorist acts, sedition etc., although the evidence the back these tall claims of high treason is still absent.
Read full statement

Also read:
● 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)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

NIA gets more time to reply to plea for furnishing copies of evidence to the accused

18/07/2023 Asha

The Leaflet / by Sarah Thanawala

A few accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case have previously argued that their applications for cloned copies under Section 207 of the Code of Criminal Procedure have been pending for more than five years.
On Tuesday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria allowed the agency time to file an additional reply to the applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
… The matter is posted for further hearing on the applications filed under Section 207 of the CrPC on July 28.
Read more

Also read:
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Supreme Court directs respondents to file reply to Shoma Sen’s bail plea

14/07/2023 Asha

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court, comprising Justices Aniruddha Bode and Sanjay Kumar, permitted Sen to file an additional affidavit on her deteriorating health within two weeks.
On Friday, a division Bench of the Supreme Court, comprising Justices Aniruddha Bode and Sanjay Kumar, directed the respondents to file a reply affidavit to the bail application filed by women rights activist and academic Shoma Sen.
Read more

Also read:
● “Hopefully waiting” writes Shoma Sen from prison (InSAF India / July 7, 2023)

● Shoma Sen’s discharge application at NIA asserts discrepancies in evidence against her (The Leaflet / June 2023)
● Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

SC Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023 Asha

Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap

11/07/2023

The Leaflet / by Sarah Thanawala

The division Bench of the Supreme Court directed the National Investigation Agency (NIA) and Maharashtra government to file counter affidavits within a period of three weeks.
On Tuesday, the Supreme Court allowed the respondents to file counter affidavits within a period of three weeks in the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
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Supreme Court Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday adjourned the hearing in the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap, saying that the judgments on the bail applications of co-accused Vernon Gonsalves and Arun Ferreira are expected to be delivered next week.
Read more

Also read:
● SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail (The Print / May 2023)
● Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira (The Leaflet / March 2023)
● Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)

Prisoners to get hot water, bedding, phone call facilities from state govt

07/07/2023 Asha

Hindustan Times / by Vinay Dalvi

Fr Swamy, who passed away two months later at a private hospital, was provided with a mattress, bedsheet, pillow, walker, walking stick and commode only after he moved the Bombay high court for temporary bail on medical grounds.
In May 2021, 84-year-old Jesuit priest and tribal rights activist Father Stan Swamy, who had been sent to jail by the government in the Elgar Parishad case, found himself in dire straits. A Parkinsons’ sufferer, Fr Swamy was unable to drink water from a glass and had requested a straw or sipper, which was denied to him. Eventually he was compelled to approach the special NIA court, but received his straw and sipper only a month and a half after he had filed his application.
Read more

Also watch/read:
● Stop Denying Political Prisoners the Right to Healthcare in Jails (PUDR / Sep 2022)
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)

● 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.
Watch video