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
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
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
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
Five years and 10 extensions later, Bhima Koregaon inquiry goes on
22/01/2023
The Indian Express / by Chanda Haygunnde
The two-member inquiry commission has examined 48 witnesses so far, seven of them partly. More yet to be deposed. Formed on February 9, 2018, the Commission was tasked with inquiring into the “exact sequence” of events that led to violence on the occasion of the 200th anniversary Battle of Koregaon Bhima.
Almost five years after it was constituted and after receiving 10 extensions, the Koregaon Bhima Commission of Inquiry has yet to complete its work. Read more
Koregaon Bhima inquiry commission gets yet another extension, till March 31
18/01/2023
The Indian Express / by Chandan Haygunde
The two-member commission was constituted by the Maharashtra government on February 9, 2018, to inquire into the “exact sequence” of events that led to violence on the 200th anniversary of Battle of Koregaon Bhima on January 1 that year.
The Maharashtra government Tuesday granted yet another extension to the Koregaon Bhima Commission of Inquiry. An order in this regard issued by the state home department on Tuesday stated that the commission has been given an extension of three months till March 31, 2023, to submit the report. Read more
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. Read more
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. Read more
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. Read more
Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials
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. Read more
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. Read more
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
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. Read more
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. Read more
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. Read more
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
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
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
