Bombay High Court seeks NIA’s stance on request by Surendra Gadling to argue his bail plea in person
01/03/2023
Bar & Bench / by Neha Joshi
Through a letter, Gadling had told the Court that it would be difficult to brief his legal aid lawyer about the case since the chargesheet was voluminous and since prison meetings are permitted only for about 20 minutes.
The Bombay High Court on Wednesday sought the assistance of the National Investigation Agency (NIA) to decide whether the Court should allow Surendra Gadling, an accused in the Bhima Koregaon case, to appear in person before the High Court to argue his default bail application. Read more
To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates
01/03/2023
India Today / by Vidya
The HC bench has asked the advocate representing the NIA to discuss the issue with the investigating agency and revert.
The Bombay High Court on Wednesday deliberated for long whether advocate Surendra Gadling should be granted permission to appear in person before the court to make his submissions for default bail. Read more
Supreme Court hears bail pleas of Vernon Gonsalves and Arun Ferreira / Delay in the process
The Supreme Court continues hearing bail pleas of activists Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon case. Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
Sr Adv Rebecca John appearing for Gonsalves takes Court through documents relied on by the prosecution.
…
Sr Adv R Basant for Ferreira: I am in the next matter. I shall not repeat what my friend said. I have been in custody for over 4 years. In custody since 28.8.2018.
…
Hearing to continue on Friday.
John: They are looking for the elusive ‘goli’.
Senior advocate Rebecca M. John, appearing for Gonsalves, argued that the documents relied on by the NIA as evidence fail to prove Gonsalves’ connection with the alleged offence.
On Tuesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, heard arguments on behalf of trade unionist, activist and academic Vernon Gonsalves for the grant of regular bail. Gonsalves, and activist and lawyer Arun Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas.
… The matter is posted for further hearing tomorrow, March 1. Read more
‘No Incriminating Material Found Against Me’: Bhima Koregaon Accused Vernon Gonsalves Tells Supreme Court Seeking Bail
28/02/2023
Live Law / by Awstika Das
To deny bail on the basis of the little evidence that the centre has against Bhima Koregaon-accused Vernon Gonsalves was a ‘stretch’, said senior advocate Rebecca John, appearing on behalf of the jailed activist. “There is no evidence,” said John, after taking the court through the documents on which the National Investigation Agency relied…
A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for offences under the Unlawful Activities (Prevention) Act, 1967. Read more
Gautam Navlakha Not Involved With Maoist Party, Rather Suspected By Them To Be A ‘Govt Agent’: Lawyer Tells Bombay High Court
28/02/2023
Live Law / by Sharmeen Hakim
The Communist Party of India (Maoist) suspected senior journalist Gautam Navlakha was a “government agent” who negatively impacted their movement, his counsel argued before the Bombay High Court on Monday.
He cited a document seized from co-accused researcher Rona Wilson’s laptop to demonstrate the CPI(M)’s contempt for Navlakha is diametrically opposite from the UAPA charges NIA has levelled against him of “deep involvement in the activities of the CPI(Maoist) party,” and of connections with the ISI and separatist movement of Kashmir. Read more
Gautam Navlakha seeks bail, cites delay in commencement of trial
28/02/2023
India Today / by Vidya
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court on Monday. Navlakha sought bail after citing a delay in the commencement of the trial.
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court, citing a delay by the prosecution in filing a reply on the discharge application argued months ago.
Highlighting the issue, Yug Mohit Chaudhari representing Navlakha, submitted that there was no prospect of a trial in the case to commence in the near future, adding Navlakhha’s discharge application was argued months ago, but the prosecution is yet to file its reply. Read more
Elgar Parishad case: Proof against Navlakha is his own articles, HC told
28/02/2023
Hindustan Times / by HT Correspondent
The bench was further informed that the applicant was criticised by the government as well as the Maoists for his critical articles were a sure sign of his independence.
The Bombay high court, while hearing the regular bail application of Elgar Parishad accused Gautam Navlakha, was informed that the incriminating evidence showing his connection with the banned CPI (Maoist) group was the articles which he had written as a journalist. Read more
No allegation of Gautam Navlakha committing any act of violence, lawyer tells HC
27/02/2023
National Herald / by pti
A division bench of Justices A S Gadkari and P D Naik is hearing the arguments on the bail plea, and the same will continue on Tuesday.
There is no allegation against Gautam Navlakha of committing any “act of violence” in the voluminous chargesheet filed in the Elgar Parisha-Maoist links case, the activist’s lawyer told the Bombay High Court on Monday.
While arguing for the activist’s bail, the lawyer also said that there was no prospect of the trial in the case to commence in the near future. Read more
[Bhima Koregaon – Elgar Parishad Case]
Bombay High Court is hearing senior journalist Gautam Navlakha’s plea for regular bail. He is currently under house arrest.
Hearing before the bench of Justices AS Gadkari and PD Naik.
Adv Yug Mohit Chaudhary for Navlakha.
Chaurdhry – There are four compilations. In the bail application I have included everything that’s in the charge sheet that I could file against the applicant.
HC – There are three orders of the HC, which one correctly mentions the basic facts?
Chaudhry – I will get back.
Chaudhry – The applicant is 74 yrs. Accused No. 11. He surrendered on 14.4.2020 to NIA in Delhi after his ABA was rejected.
He has been in custody for three years and he is presently under house arrest pursuant to SC’s orders.
Chaudhry – He has been chargesheeted under sections 153A, 120B…
Chaudhry continues correcting the sections from the record.
HC – Where are the actual charges?
Chaudhry – Charges have not been framed. But let us take every word in the chargesheet.
Chaudhry – The four grounds are…
1. THERE is not a single allegation of committing ANY act of violence. Since there is no association of violence in the allegations, then no offence punishable under chapter 4 of UAPA made out.
Chaudhry – The basic ingredient for invocation of chapter 4 of UAPA is a commission, association, abetment or conspiracy to commit a terrorist act. That is not even alleged in this case.
Chaudhry – Therefore nothing involving life imprisonment is even attracted .. at the highest only section 38 & 39 of UAPA may be attracted if the chargesheet is taken as it is. Section 20 of UAPA is not attracted at all.
Chaudhry – There is no description of a terrorist act in this 54 volume chargesheet. There has to be something. It cannot be just imagination.
Chaudhry – Their answer always is he possesses the Maoist Constitution. Can that be a terrorist act? I have written articles critical of Maoist violence. I am a writer and a scholar.
by Bar & Bench (Feb 21, 2023)
++ #SupremeCourt to shortly hear bail pleas by Bhima Koregaon accused Vernon Gonsalves and Arun Ferreira who are facing charges under the Unlawful Activities (Prevention) Act, 1967 for alleged Maoist links. ++
++ Pass-over granted, at the behest of the Additional Solicitor-General. To be taken up later today. ++
++ Bench about to rise for lunch.
Senior Advocate Rebecca John: We have informed the other side, I have some difficulty after lunch. Can it be listed next Tuesday?
Bench: Alright, next Tuesday. Feb 28. ++
Supreme Court Adjourns Bail Applications Of Vernon Gonsalves & Arun Ferreira To Feb 21
13/02/2023
Live Law / by Awstika Das
The Supreme Court on Monday adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 after their arrest over alleged Naxal links in Bhima Koregaon case. The accused are facing charges under the Unlawful Activities (Prevention) Act, 1967.
A division bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia stated in the order: “Accommodation has been sought on behalf of the solicitor-general. List the matter as the first item on Tuesday, February 21.” Read more
The Supreme Court to shortly hear bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case.
Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
Justice Bose: Mr SG, Your junior is saying it will take some time. Should we keep it tomorrow?
SG: Could it be next week?
Justice Bose: That is too long a time.
Sr Adv Rebecca John: Can it be today? SG: That is difficult.
SC: First item Thursday after the fresh matters.
Justice Dhulia: We are told (by court staff) that we cannot have it on Thursday.
John: I have waited so long. I can wait till Tuesday.
Order: List on next Tuesday.
NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case
21/02/2023
India Today / by Vidya
The National Investigation Agency (NIA) has opposed the bail plea of Elgar Parishad accused Gautam Navlakha, claiming that he was an active member of banned terror outfit CPI (Maoist) and had links with a Pakistani secret agent.
The NIA said that Gautam Navlakha sought clemency for an ISI (Inter-Services Intelligence) agent, who was arrested in the US, in an American court…
The bench of Justices AS Gadkari and PD Naik will be hearing Navlakha’s petition on February 27. Read more
Gautam Navlakha was introduced to Pakistan ISI General for recruitment, NIA tells Bombay High Court
21/02/2023
Bar & Bench / by Neha Joshi
The agency claimed that Navlakha was working in urban areas to unite intellectuals against government forces to defeat them “both physically and otherwise.”
Activist Gautam Navlakha was introduced to a Pakistan Inter-Services Intelligence (ISI) General for his recruitment, which shows his nexus to the organisation, the National Investigation Agency (NIA) told the Bombay High Court on Tuesday. Read more
Neo-fascist regime working towards ‘destruction of thought’
The government is reportedly planning a crackdown against “Maoist intellectuals operating front organisations in the cities in the guise of NGOs and civil rights organisations”, months after Prime Minister Narendra Modi called for the eradication of “Naxalism”, whether “the ones with guns or the ones with pens”.
But who are these so-called “Urban Naxals” and why does the government consider them so dangerous? Social scientist PRABHAT PATNAIK explains in this interview with SUBHORANJAN DASGUPTA, professor of human sciences. Read more
Gautam Navlakha withdraws application seeking to move location of house arrest from Mumbai to Delhi
18/02/2023
The Leaflet / by Sarah Thanawala
Withdrawing the application that sought his transfer from Mumbai to Delhi, Navlakha will now seek another place in Mumbai.
On Friday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, allowed the withdrawal of the application filed by Gautam Navlakha for the transfer of his place of house arrest from Mumbai to Delhi. Read more
Gautam Navlakha Withdraws Application In Supreme Court Seeking Transfer From Mumbai To Delhi
17/02/2023
Live Law / by Rintu Mariam Biju
Gautam Navlakha, an accused in the Bhima Koregaon case, on Friday withdrew his application filed in Supreme Court seeking permission to remain in house-arrest in Delhi instead of Mumbai.
When the matter was called up first, an advocate assisting Solicitor General Tushar Mehta sought a pass over.
“…You understood what you were getting into when you are in Bombay. You accepted it, now you want a change?”, the Division Bench comprising of KM Joseph and BV Nagarathna asked, turning to the petitioner. Read more
Navlakha allowed to speak with daughter for 10 minutes on phone
15/02/2023
The Indian Express / by Express News Service
Navlakha had filed a plea seeking to speak with his daughter, a resident of Spain. Navlakha, an accused in the Elgaar Parishad case, has been under home arrest since last November in Navi Mumbai, following orders of the Supreme Court.
A special court in Mumbai on Tuesday granted activist-journalist Gautam Navlakha permission to speak with his daughter for 10 minutes on the phone of a police personnel. Read more
The Elgar Parishad case, in which several activists have been accused of making speeches that led to violence in Bhima Koregaon near Pune in 2018, drags on. Dalit scholar Anand Teltumbde, lawyer-activist Sudha Bhardwaj and poet Varavara Rao have got bail, but only after spending years in prison. But others, such as Vernon Gonsalves, continue to languish behind bars.
Eighty-four-year-old Jharkhand-based tribal rights activist Father Stan Swamy, meanwhile, died in custody on July 5, 2021. What does this case tell us about human rights in India and about the effectiveness – or lack of it – of the judiciary?
Susan Abraham – a lawyer who’s been at the forefront of the legal battle, human right activist and wife of Vernon Gonsalves – speaks to All Indians Matter. Listen to the podcast
‘We’re Conscious It Is A Matter Of Personal Liberty’: Supreme Court After Adjourning Bail Pleas Of Bhima Koregaon Accused At NIA’s Request
08/02/2023
Live Law / by Anurag Tiwari
The Supreme Court, on Wednesday, at the request of National Investigation Agency (NIA), again adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to Monday.
Senior Advocate Rebecca John, appearing for one of petitioners, submitted before the bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia, “I hope they (NIA) won’t take further adjournment. Because it is a matter of personal liberty”. Read more
++ The Supreme Court to shortly hear bail pleas of Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon violence case.
Matter before Justices Aniruddha Bose and Sudhanshu Dhulia. ++
++ Counsel: SG is leading us, he is in another court.
Sr Adv Rebecca John: They had sought adjournment earlier as well.
Justice Bose: We will take it tomorrow.
Justice Dhulia: You can argue, what was the case you were relying on?
John: It is in volume … ++
++ SC: We do not have it.
John takes court through Anand Teltumbde medical bail order.
Bench does not have the copy it says.
SC: Call Mr Raju
Adv: He is not available. Next week?
SC: No ma’am, at most time till Friday.
Bench discusses ++
++ Sr Adv R Basant: 4 and a half years in custody.
Justice Bose to NIA counsel: You prepare yourself. Monday.
John: My lords have the compilation? I hope they do not take further adjournments. Only because it involves personal liberty.
Justice Dhulia: We … ++
++ Justice Dhulia: cannot give injunction (smiles). You can object then.
Justice Bose: We are conscious (that it involves personal liberty).
