Persecution – Page 35 – free them all

Accused In Custody For 5 Years: Supreme Court Points Out To NIA While Hearing Bail Applications

06/02/2023 Asha

‘Accused In Custody For 5 Years’: Supreme Court Points Out To NIA While Hearing Bail Applications

06/02/2023

Live Law / by Live Law News Network

The Supreme Court, on Monday, at the request of National Investigation Agency (NIA), directed the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to be deferred to a Non-Miscellaneous day (Wednesday).
A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Ferreira, who were arrested for alleged links with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, as well as with far-left militants.
Read more

Supreme Court adjourns bail pleas of Vernon Gonsalves and Arun Ferreira at the request of NIA

06/02/2023

The Leaflet / by Sarah Thanawala

The matter is posted to be heard on February 8.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia, at the request of the National Investigation Agency (NIA), adjourned the hearing of the bail pleas of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira. Gonsalves and Ferreira have filed bail applications in the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019 rejecting their bail pleas.
Read more

Thread by Bar & Bench (Feb 6):
++ #SupremeCourt is hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case
Adv Kanu Agarwal: 2 bails in UAPA case. ASG is in another court It will take sometime. We have filed the counter affidavits. ++
++ SC: Somebody is in custody for 5 years. What harm will be caused if he is released on bail with conditions? What is there in counter affidavit ? We have read it
Adv Agarwal: delay in trial cannot be attributed to NIA. There are serious charges of membership etc ++
++ Sr Adv Rebecca John: trial was also underwent for 5 years.. material pertaining to this case is the same in other cases where I was acquitted..
SC: This may make your case a little different
SC: List on Next Wednesday for hearing ++

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)
● Bombay High Court rejects default bail plea of Varavara Rao and seven other accused (The Leaflet / May 2022)
● HC disposes plea of eight accused seeking rectification in order denying them bail (Scroll.in / Dec 2021)

Maharashtra: Top Cop Accuses Decades-Old Cultural, Rights Orgs of Working as ‘Naxal Fronts’

02/02/2023 Asha

The Wire / by Sukanya Shantha

At the recent police conference attended by PM Modi, Gadchiroli DIGP Sandip B. Patil claimed in a paper that 15 cultural and rights organisations are actually “active frontal organisations of Naxals.” Behind this claim is little evidence.
In 2017, the artiste couple Shital Sathe and Sachin Mali publicly announced their decision to split from the cultural outfit, Kabir Kala Manch (KKM) after 15 years of association.
Read more

Also read:
● UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022)
● Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
● The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)
● Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)
● From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)

Shoma Sen files discharge plea / Targeted for activism, says Shoma Sen seeking clean chit

01/02/2023 Asha

Shoma Sen files discharge plea in court

01/02/2023

The Indian Express / by Express News Service

Shoma Sen said in her discharge application that the “incriminating” evidence claimed to have been seized from her deals with information on social movements, all of which can be found in public domain.
… Meanwhile, the court on Tuesday heard the discharge application of activist Vernon Gonsalves. During the arguments, Gonsalves said that the accused in the case had not received some of the cloned copies presented by the NIA as evidence. … The co-accused in the case, lawyers Surendra Gadling and Arun Ferreira, informed the court that they had previously too sought cloned copies but have not received all.
Read more

Targeted for activism, says Shoma Sen seeking clean chit

01/02/2023

The Free Press Journal / by Staff Reporter

Professor Shoma Sen, an accused in the Elgar Parishad-Bhima Koregaon case, on Tuesday filed a plea for getting a clean chit in the case. She claimed she has been falsely implicated by the National Investigation Agency (NIA) for her active role in the sphere of activism for human rights, Dalits and the marginalised sections of society.
Read more

Also read:
● Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail (India Today / Jan 17, 2023)

Supreme Court Adjourns Hearing On Bail Plea Of Vernon Gonsalves, Arun Ferreira

01/02/2023 Asha

Supreme Court Adjourns Hearing On Bail Plea Of Vernon Gonsalves, Arun Ferreira

01/02/2023

The National Bulletin / by TNB Bureau

The hearing in the Supreme Court has been postponed in the case of bail of accused Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case. The next hearing of this matter will be on 6 February. The Supreme Court said that further hearing of the case will not be postponed. Earlier on August 18, 2022, the Supreme Court had asked the special court of the National Investigation Agency (NIA) to frame charges against accused Vernon Gonsalves within three months.
Read more

Thread by Live Law / @LiveLawIndia (Feb 1, 2023):
++ Supreme Court to hear bail pleas of Bhima Koregaon Case Accused Varun Gonsalves and Arun Ferreira. ++
++ Report from the last hearing++
++ Matter before bench of Justices MR Shah and Sudhanshu Dhulia ++
++ Bench to shortly start hearing the bail plea. ++
++ Letter circulated in the matter. ++
++ Justice Shah – We will keep it on next Monday. No further adjournments. ++

Also read:
● Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira (The Leaflet / Jan 16, 2023)

Bombay High Court rejects bail plea by Surendra Gadling [read judgment]

31/01/2023 Asha

Reasonable ground to believe Surendra Gadling a member of banned CPI (Maoist): Bombay High Court [Read Judgment]

31/01/2023

Bar & Bench / by Neha Joshi

The Court made the prima facie observation while rejecting Gadling’s bail plea in the 2016 Surajgarh arson case.
Allegations that lawyer and activist Surendra Gadling had direct membership of the banned organisation, Communist Party of India (Maoist) seem to be prima facie true, the Bombay High Court observed on Tuesday [Surendra Gadling v. State of Maharashtra].
A division bench of Justices Vinay Joshi and Valmiki SA Menezes made the observation while rejecting a bail plea moved by Gadling in the 2016 Surajgarh arson case.
Read more
Read judgment

Surajgarh arson case: Bombay High Court rejects bail plea by Surendra Gadling

31/01/2023

Bar & Bench / by Neha Joshi

Gadling is presently in judicial custody in Taloja Central Prison and is also an accused in the 2018 riots case of Bhima Koregaon.
The Nagpur Bench of the Bombay High Court today rejected the bail plea of lawyer and activist Surendra Gadling in the 2016 Surajgarh arson case.
A division bench of Justices Vinay Joshi and VA Menezes pronounced the order today.
Read more

HC upholds denial of bail to Nagpur lawyer Surendra Gadling

01/02/2023

Nagpur Today / by Nagpur Today

Justice Vinay Joshi and Justice Valmiki SA Menezes at the Nagpur Bench of Bombay High Court have dismissed the appeal filed by the Nagpur lawyer, Surendra Gadling (55), against rejection of his application for regular bail by the Sessions court, Gadchiroli, with observation that the court prima facie believes the NIA´s accusations that appellant was part of a conspiracy and abetting the terrorist acts.
Read more

Also read:
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet | July 2021)
● DISINHERITING ADIVASIS – THE GADCHIROLI GAME PLAN (KAFILA | June 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)

India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

24/01/2023 Asha

The UAPA Law – Curbing Terrorism or Stifling Dissent?

24/01/2023

By Hindus for Human Rights

(DESH-VIDESH CONVERSATION SERIES – SPEAKING ACROSS THE DIVIDE)
Digital Evidence Planting: New Age Threat to Rights Defenders
Presented by Safa Ahmed of the Indian American Muslim Council on behalf of a broad coalition working to secure the release of all the Bhima Koregaon prisoners

WHY ARE MOST OF THE BHIMA KOREGAON DEFENDANTS STILL IN JAIL DESPITE FORENSIC FINDINGS THAT INCRIMINATING EVIDENCE HAD BEEN PLANTED ON SOME OF THEIR COMPUTERS?

Good evening. Digital forensics is a dry, technical field, but the consequences of digital attacks play out like a vivid, terrifying, and painful movie. With the help of technical experts, journalists, and activists, I have prepared for you this narrative of what was revealed in the forensic analysis of the hard drives of three of the BK-16 – Rona Wilson, Surendra Gadling, and Father Stan Swamy.
Read more

Invite: India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

20/01/2023

By Hindus for Human Rights / @Hindus4HR

The Unlawful Activities Prevention Act (UAPA) and India’s Prisoners of Conscience (POCs): Targeting terrorism or stifling democratic dissent?
Saturday, January 21, 2023
6 pm PST,
7:30 am IST
The conversation will cover the history and the draconian provisions of the UAPA; how it compares to anti-terror laws in other democracies; the views of the State Department and USCIRF; what are some of the typical charges being made being under UAPA. Do they look unlawful to you? Some statistics: How many people arrested since the amended UAPA; Average time spent w/o trial or bail hearing; How many have gone to trial, etc.

Moderator: Govind Acharya, Amnesty International
Panelists:
Banojyotsna Lahiri, Activist, on Umar Khalid’s story and struggle
Yug Mohit Chaudhry, Author and Criminal Lawyer, on legal strategies on behalf of POCs and hurdles faced
Mihir Desai, Human Rights Lawyer, on the story and struggle of Bhima Koregaon 16 and what’s happening to lesser known detainees
Followed by a Q&A moderated by Govind Acharya
Register here

Provide access to computer, court tells jail authorities on plea made by Surendra Gadling and Arun Ferreira

23/01/2023 Asha

The Indian Express / by Express News Service

A special court in Mumbai has directed Taloja Central Prison authorities to allow two of the accused in the Elgaar Parishad case, lawyers Surendra Gadling and Arun Ferreira who represent themselves, to use computers twice a week and provide the necessary software to view documents submitted by NIA.
Read more

Also read:
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)

Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution

23/01/2023 Asha

Article14 / by Abhinav Sekhri

Independent forensic experts have raised concerns of evidence being planted in the ongoing Bhima-Koregaon prosecution (ongoing for 45 months, with not even charges framed yet). But India’s tightly regulated criminal process severely restricts the right of accused persons to introduce new material. It speaks to many important concerns for the state, such as speedy trial, but a general rule that brooks no exception does more harm than good.
It has been almost 45 months since the police began investigating the theory of a larger conspiracy in the cases emanating out of the Bhima-Koregaon violence of January 2018.
Read more

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

5 years on, charges not framed; here’s a timeline of the case

23/01/2023 Asha

Free Press Journal / by Jal Khambata

It has been five years and the case has witnessed arrests of several activists (some getting bail after long incarceration) for alleged conspiracy and covert involvement in the Elgar Parishad gathering purportedly leading to the January 1, 2018 violence during the bicentenary celebrations of the Battle of Bhima Koregaon.
Last week, during a hearing in the Bhima-Koregaon case, the Supreme Court was struck with an application by the special National Investigation Agency (NIA) court for an extension of one more year to frame charges in the Bhima Koregaon case.
Read more

Also read:
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Court seeks one more year to decide on framing charges / 5 years on, charges not framed

18/01/2023 Asha

5 years on, charges not framed despite repeat extensions

19/01/2023

Sabrangindia / by Sanchita Kadam

The Special NIA Court has said that it will first need to dispose the discharge applications filed by the accused, before deciding on framing of charges
The Special NIA court, Mumbai has sought a time extension of one more year from the Supreme Court to frame charges in the case. This request was sent in November last year. On January 16, the Supreme Court said that it will proceed with hearing bail applications of activists Vernon Gonsalves and Arun Ferreira from January 30.
Last year in August while hearing Gonsalves’ plea, the apex court had given the Special Court three months’ time to decide whether charges are required to be framed against the accused or not. This three month period ended in November 2022, just when the Special Court sought an extension for another year!
Read more

Elgaar Parishad case: Court seeks one more year to decide on framing charges

18/01/2023

The Indian Express / by Sadaf Modak

On August 18, the Supreme Court had directed the trial court to decide on these aspects within three months, granting it time till last November.
The special court hearing the Elgaar Parishad case in Mumbai had last November sought an extension of one year to decide whether to frame charges against the accused and also take a call on their discharge applications.
Read more

Also read:
● 4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case (The Indian Express / Oct 2022)
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)