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SC Refuses To Recall Order Allowing House Arrest Of Gautam Navlakha

SC Refuses To Recall Order Allowing House Arrest Of Gautam Navlakha

Gautam Navlakha

Supreme Court dismisses NIA’s application for vacating its order granting house arrest to Gautam Navlakha

19/11/2022

The Leaflet / by Sarah Thanawala

The court reaffirmed its order placing Navlakha in house custody, with additional security measures, within 24 hours of the pronouncement of the order.
On Friday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, dismissed the National Investigation Agency’s (‘NIA’) application to vacate the order of the bench, passed on November 10, which allowed Gautam Navlakha to be placed in house arrest for a period of one month under certain restrictions.
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SC Refuses To Recall Order Allowing House Arrest Of Gautam Navlakha, Directs NIA To Execute It In 24 Hours

18/11/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Friday dismissed the application filed by the National Investigation Agency seeking to vacate the order allowing the shifting of activist Gautam Navlakha to house arrest from the Taloja prison in Mumbai where he is lodged in connection with the Bhima Koregaon case.
A bench comprising Justices KM Joseph and Hrishikesh Roy also engrafted certain additional conditions for the house arrest of the septuagenarian, such as the sealing of the kitchen door leading to the exit point and the locking of the grills of the hall.
Read more


by Bar & Bench (Nov 18):
Gautam Navlakha hearing
Solicitor General (SG): The public library belongs to Communist Party
Justice KM Joseph: It is a recognised party. What is the issue?
SG: If it does not shock you, what can I say.
SC: No it does not shock us.


SC rejects plea by NIA against shifting Gautam Navlakha from jail to house arrest; directs compliance in 24 hours

18/11/2022

Bar & Bench / by Debayan Roy

However, the bench comprising Justices KM Joseph and Hrishikesh Roy mandated some additional safeguards to ensure that the house arrest is not misused.
The Supreme Court on Friday rejected a plea by the National Investigation Agency (NIA) against an earlier order of the Court directing Bhima Koregaon accused Gautam Navlakha to be placed under house arrest instead of keeping him in jail [Gautam Navlakha v NIA].
The bench comprising Justices KM Joseph and Hrishikesh Roy directed that the order be complied within 24 hours.
However, the Court mandated some additional safeguards to ensure that the house arrest is not misused.
Read more

Bombay High Court Grants Bail To Anand Teltumbde

Bombay High Court Grants Bail To Anand Teltumbde

Anand Teltmumbde

Bombay High Court Grants Bail To Bhima Koregaon Accused Anand Teltumbde

18/11/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday granted bail to former IIT professor and Dalit scholar Prof. Anand Teltumbde, booked under the Unlawful Activities (Prevention) Act in the Bhima Koregaon-Elgar Parishad case.
The court observed that prima facie offences under sections 13 (Punishment for unlawful activities), 16 (punishment for for terrorist act) and 18 (punishment for conspiracy) of the UAPA were not made out and only section 38 and 39 (membership and support to a terrorist were made out.
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Bombay High Court Grants Bail to Anand Teltumbde in Elgar Parishad Case

18/11/2022

The Wire / by The Wire Staff

The court has stayed the order for one week to allow the NIA to approach the Supreme Court and appeal the decision.
The Bombay high court on Friday (November 18) granted bail to scholar Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case. Seventy-three-year-old Teltumbde has been in Mumbai’s Taloja Central Prison since his arrest on April 14, 2020.
Read more


Bombay High Court grants bail to Anand Teltumbde

18/11/2022

Bar & Bench / by Neha Joshi

A bench of Justices AS Gadkari and Milind Jadhav pronounced the verdict today after extensively hearing the application.
The Bombay High Court on Friday granted bail to Dalit rights activist and scholar Anand Teltumbde presently detained in Taloja Central Prison since 2020 for his alleged role in the Bhima Koregaon violence of 2018.
A bench of Justices AS Gadkari and Milind Jadhav pronounced the verdict today after extensively hearing the application and reserving its order last week.
Read more


Bombay HC grants bail to Dr. Anand Teltumbde

18/11/2022

The Leaflet / by Sarah Thanawala

The operation of the bail order is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Friday, a division bench of the Bombay High Court comprising Justices A.S. Gadkari and Milind N. Jadhav granted bail to Dr. Anand Teltumbde, the 71-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act for allegedly being a senior member of the banned organisation, the Communist Party of India (Maoist) (‘CPI (Maoist)’). He is currently lodged at Taloja Central Jail, Navi Mumbai and is awaiting trial.
Read more


Also read:
Dr. Anand Teltumbde’s bail plea highlights flaws in the prosecution story (The Leaflet / Nov 16, 2022)

Anand Teltumbde. Poster by bakeryprasad

Supreme Court To Hear Pleas Of Gautam Navlakha & NIA In Relation To House Arrest Tomorrow

Supreme Court To Hear Pleas Of Gautam Navlakha & NIA In Relation To House Arrest Tomorrow

Gautam Navlakha

Thread by Bar & Bench (Nov 18, 2022)
#SupremeCourt to shortly hear separate applications moved by #BhimaKoregaon accused Gautam Navlakha, in which he alleged delay to implement SC’s order granting him #housearrest, and the NIA’s plea to cancel his house arrest due to bias in medical records among other grounds.


Supreme Court To Hear Pleas Of Gautam Navlakha & NIA In Relation To House Arrest Tomorrow

17/11/2022

Live Law / by Sohini Chowdhury

On Thursday, the Bench led by CJI, Justice D.Y. Chandrachud directed two applications, one filed by activist Gautam Navalakha and another to be filed during the course of the day by the National Investigation Agency, to be listed tomorrow before the Bench led by Justice K.M. Joseph
Last week, the Court had allowed Navlakha’s request to be placed under house arrest in consideration of his medical condition. However, the Special NIA Court at Mumbai yesterday refused to pass orders to execute the house arrest of Navlakha , after the NIA objected to the location of the house chosen by Navlakha.
Read more


Supreme Court to hear plea of Gautam Navlakha, probe agency on Friday

17/11/2022

The Telegraph / by Web Desk

The bench took note of submissions of a senior lawyer, appearing for the activist, that the apex court’s direction to keep him in house arrest has not been complied with so far.
The Supreme Court agreed to list for hearing on Friday a fresh plea of activist Gautam Navlakha, who has not been shifted to house arrest despite the apex court’s direction in the Elgar Parishad-Maoist link case.
Read more


Also read:
Supreme Court allows Gautam Navlakha’s plea seeking house arrest (The Leaflet / Nov 10, 2022)

Dr. Anand Teltumbde’s bail plea highlights flaws in the prosecution story

Dr. Anand Teltumbde’s bail plea highlights flaws in the prosecution story

Anand Teltumbde. Poster by bakeryprasad

The Leaflet / by Sarah Thanawala

Contradictions in the prosecution’s story and witness statements, and unsubstantiated allegations of Dr. Teltumbde’s involvement with the CPI (Maoist) and the planning of Elgar Parishad are brought out in his appeal before the Bombay High Court challenging his rejection of bail.
IN his appeal petition for bail before the Bombay High Court, Dr. Anand Teltumbde, the 71-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act (‘UAPA’) for allegedly being a senior member of the banned organization, the Communist Party of India (Maoist) (‘CPI (Maoist’), has highlighted the contradictions in the story of the prosecution.
… On November 11, a division bench of the Bombay High Court comprising Justices A.S. Gadkari and Milind N. Jadhav concluded hearing arguments pertaining to Dr. Teltumbde’s appeal challenging his rejection of bail by the NIA special court in July last year. The division bench has reserved the matter for orders.
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Prisoners of conscience / Court directs top cop to look into the mosquito menace in Taloja prison

Prisoners of conscience / Court directs top cop to look into the mosquito menace in Taloja prison

poster by @/bakeryprasad

Prisoners of conscience

16/11/22

Deccan Herald / by Jyoti Punwani

Is it just their relentless opposition to State policies that gets the NIA’s goat, or is it also their privileged background?
Stone walls do not a prison make, nor iron bars a cage. Sometimes they do, even for the most creative minds.
Take Maharashtra’s Taloja Jail, on the outskirts of Mumbai. For the last almost three years, it’s been home to some of the country’s most valuable public intellectuals, and also the site of their steady deterioration. The Bhima Koregaon trial is yet to begin, but the 16 accused have already been punished, by the NIA that’s handling their case and the jail authorities.
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Court directs top cop to look into the mosquito menace in Taloja prison

16/11/22

Free Press Journal / by Staff Reporter

In his plea made on Tuesday, he said that there is no reply from the jail’s superintendent despite the court’s direction to the authority to file one.
Following an application by civil rights activist and accused in Bhima-Koregaon case, Anand Teltumbde, on Tuesday, a special court has directed the Deputy Inspector General of police (DIG, Prisons) to look into the mosquito menace in Taloja prison as the jail superintendent has not complied with previous orders to take precautions to control the situation despite repeated directions.
Read more


Also read:
Two more accused move court seeking mosquito nets (Hindustan Times / Sep 2022)
Gautam Navlakha approaches court again seeking mosquito net (Scroll.in / Sep 2022)
Bhima Koregaon accused calls off hunger strike (The Hindu / May 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)
by PantherAjay (May 27, 2022):
Jailed Shahir Sagar Gorkhe is not the only under trail prisoner who has been continually harassed and whose ‘Machchhardani’ stolen by the insolent jail administration. This is an attempt to condemn the unlawful treatment meted against the under trial prisoners and to safeguard their rights. Following is the account of a similar incident that was faced by another imprisoned writer and poet Ramesh Gaichor translated from the original written in Marathi.

Gautam Navlakha’s Release Further Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

Gautam Navlakha’s Release Further Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

Gautam Navlakha

Gautam Navlakha’s Release Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

16/11/2022

The Wire / by pti

Actor Suhasini Mulay appeared in the court on Wednesday and said she was standing as surety for the activist.
The release of activist Gautam Navlakha, an accused in the Elgar Parishad-Maoists links case, was delayed yet again on Wednesday as the National Investigation Agency (NIA) raised safety concerns about the premises in Navi Mumbai where he had proposed to live during his house arrest.
Read more


Supreme Court Waives Requirement Of Solvency Certificate For Gautam Navlakha To Avail House Arrest [read order]

16/11/2022

Live Law / by Livelaw News Network

The Supreme Court on Tuesday waived the condition that activist Gautam Navlakha, who is lodged in Mumbai prison in the Bhima Koregaon case, should obtain a solvency certificate for availing the benefit of house arrest.
Last week, the Court had allowed Navlakha’s request to be placed under house arrest in consideration of his medical condition. However, the Court had imposed several conditions, including the requirement to furnish surety of Rs 2 lakhs.
Read more


SC alters conditions to facilitate house arrest

16/11/2022

Hindustan Times / by Abraham Thomas

The Supreme Court on Tuesday waived the requirement of a solvency certificate in a case involving activist Gautam Navlakha who was allowed to be placed under house arrest
The Supreme Court on Tuesday waived the requirement of a solvency certificate in a case involving activist Gautam Navlakha, who received relief from the top court and was allowed to be placed under house arrest but whose release from jail was delayed over the certificate and other documents.
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Civil rights activist Gautam Navlakha’s payment for house arrest expenses rejected by CP, Navi Mumbai

15/11/2022

Free Press Journal / by Staff Reporter

A special court was informed about the rejection by Navlakha’s lawyer on Monday. Navlakha’s plea for house arrest was permitted by the Supreme Court last Thursday.
In what could mean a delay for civil rights activist Gautam Navlakha’s release from prison and into house arrest, the Commissioner of Police, Navi Mumbai has rejected a demand draft payment of Rs 2,40,000 made for police deployment expenses during house arrest.
Read more


4 days after SC order, activist Navlakha yet to be placed under house arrest

14/11/2022

Midday.com / by pti

However, till Monday evening he was still in prison as formalities for his release could not be completed.
Jailed human rights activist Gautam Navlakha, who was last week allowed to be placed under house arrest for a month by the Supreme Court owing to his medical condition, is yet to walk out of Navi Mumbai’s Taloja prison, where he is lodged in connection with the Elgar Parishad-Maoist links case, as formalities for his release are still under process.
Read more


Also read:
Supreme Court allows Gautam Navlakha’s plea seeking house arrest (The Leaflet / Nov 10, 2022)

Bombay High Court reserves order in bail plea filed by Anand Teltumbde

Bombay High Court reserves order in bail plea filed by Anand Teltumbde

Anand Teltmumbde

Times of India / by Swati Deshpande

Bombay high court bench of Justices Ajay Gadkari and M N Jadhav on Friday reserved for orders a bail application filed by Anand Teltumbde, 73, former management professor accused of alleged Maoist links and under the stringent anti-terror law—UAPA-, in the 2018 Elgar Parishad case from Pune.
Teltumbde’s plea on merits filed last year argues that he was never present at the December 31, 2017 Elgar Parishad event nor made any provocative speeches.
Read more

As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

11/11/2022

Scroll.in / by Umang Poddar

When allowing him to leave Taloja jail for house detention, the Supreme Court on Thursday listed stringent conditions he would have to follow.
On Thursday, the Supreme Court allowed human rights activist Gautam Navlakha, who has been in Taloja jail since April 2020 in the Bhima Koregaon case, to be placed under house arrest for a month. The activist, who is 70 years old, said that he was suffering from various health ailments and had asked to be shifted out of jail.
While ordering house arrests, courts have the power to impose conditions as they deem fit, so that the trial is not hampered. In a 2021 case, the Supreme Court ruled that house arrests can also be used as a form of detention.
Read more


Elgar Parishad-Bhima Koregaon accused struggle to find house in city

11/11/2022

Hindustan Times / by Charul Shah and Gautam S Mengle

Getting a house in and around the city has been a challenge – both due to financial reasons as well as the fact that they were arrested by the National Investigation Agency (NIA) and charged under sections of the UAPA for alleged Naxalite links
The Supreme Court on Thursday allowed Elgar Parishad – Bhima Koregaon violence case accused Gautam Navlakha for a month’s house arrest on account of his old age and ill health.
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Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

Gautam Navlakha

by Bar & Bench (Nov 10, 2022):
#BREAKING Supreme Court allows Gautam Navlakha plea for house arrest instead of being lodged in jail.
Bench led by Justice KM Joseph permits house arrest for a month subject to conditions.


Supreme Court allows Gautam Navlakha’s plea seeking house arrest

10/11/2022

The Leaflet / by Sarah Thanawala

On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, allowed the plea to place the petitioner, Gautam Navlakha, under house arrest for a period of one month subject to stringent restrictions and conditions.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court. The petitioner, in custody since April 2020, stands accused along with 15 others. He is currently lodged at Taloja jail in Mumbai, awaiting trial.
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Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

10/11/2022

Bar & Bench / by Abhimanyu Hazarika

The Court directed that Navlakha shall not be permitted to use computer, internet or any other communication device while under house arrest.
The Supreme Court on Thursday allowed a plea filed by Bhima Koregaon accused Gautam Navlakha to be shifted from jail to house arrest for a month.
Navlakha has to deposit an amount of ₹2.4 lakh as expenses for his security cover when he is under house arrest, a bench of Justices KM Joseph and Hrishikesh Roy ordered.
Read more


Supreme Court Allows Transfer Of Bhima Koregaon Accused Gautam Navlakha To House Arrest For One Month, Imposes Conditions

10/11/2022

Live Law / by Livelaw News Network

The Supreme Court has ordered that 73-year-old human rights activist Gautam Navlakha, who is in custody in connection with the Bhima Koregaon case, be transferred to house arrest within 48 hours on account of his medical condition. The order is interim in nature and will be reviewed after one month.
Read more

Supreme Court Allows Transfer Of Gautam Navlakha To House Arrest For One Month [VIDEO]

Live Law / by Aaratrika Bhaumik


en | 5:37min | 2022
Watch video


SC allows Gautam Navlakha to be under house arrest

10/11/2022

Scroll.in / by Scroll Staff

The 70-year-old activist had cited ill health and poor facilities in prison as the reasons behind his transfer from Taloja Jail.
The Supreme Court on Thursday allowed jailed activist Gautam Navlakha to be under house arrest for a month, Live Law reported. Navlakha had filed a plea seeking to be shifted from jail on grounds of ill health and poor facilities in prison.
A bench headed by Justice KM Joseph ordered jail authorities to carry out the necessary evaluation of the premises where Navlakha will be kept and directed them to shift him within 48 hours.
Read more


Live Thread: #SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest

10/11/2022

By Bar & Bench – Live Threads

#SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest.
ASG SV Raju: There’s a twist in the tale. We have reason to believe that the medical report is tainted. The doctor at Jaslok hospital is his sister’s husband.
Adv: That was never a secret.
ASG: That doctor has a senior position. Please see the medical report. We are investigating.
Justice Roy: You are trying to make an argument of prejudice, his was one of many specialists’ opinions. If one of them is related will it make the report biased? Please be responsible with your arguments.

SC: you can deposit 2,40,000 and then have it refunded if you are acquitted.
Sibal: But my lords, that deposit will then keep increasing.
But we will deposit.

Order: We would this think that he should be allowed to be placed for house arrest for a period of one month.

Read full thread


Gautam Navlakha gets Supreme Court relief, to be shifted to house arrest

10/11/2022

The Indian Express / by Express Web Desk

Earlier, the NIA opposed Gautam Navlakha’s plea to be shifted to house arrest, claiming that he is “in touch with Kashmiri extremists” and Pakistani intelligence agency “ISI”.
The Supreme Court Thursday allowed Bhima Koregaon violence case accused Gautam Navlakha to be shifted to house arrest.
In its order, the bench noted, “We consider it appropriate to grant house arrest given his age. Still further, our attention is drawn to the multiple medical problems the petitioner is faced with, and that charges have not been framed in a trial that will not happen in the foreseeable future.”
Read more


Also read:
Who is Gautam Navlakha, soon to be under house arrest after Supreme Court relief? (The Indian Express / Nov 2022)
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

4 years, 16 arrests and no framing of charges / Treatment, straw, books … things BK16 have asked courts for

4 years, 16 arrests and no framing of charges / Treatment, straw, books … things BK16 have asked courts for

poster by @/bakeryprasad

4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case

10/11/2022

The Indian Express / by Sadaf Modak

With trial yet to begin, the Supreme Court recently asked the NIA court to expedite framing of charges in 2018 case
Gautam Navlakha, an accused in the Elgaar Parishad case, was allowed on Thursday to be shifted to house arrest after he filed a plea in the Supreme Court considering his health.
On August 18, the Supreme Court directed the special court in Mumbai conducting the trial in the Elgaar Parishad case to decide on framing of charges and discharge pleas of the accused within three months. The delay in the framing of charges has meant that four years after the Pune Police made nine arrests and the National Investigation Agency made seven arrests in the case, the trial in the 2018 case is yet to begin.
Read more


Treatment, straw, books… things Bhima Koregaon accused have asked courts for

10/11/2022

The New India Express / by pti

In December 2020, Navlakha’s partner Sahba Husain said the former’s spectacles were stolen in jail and when his family sent him a new pair, the jail authorities refused to accept them.
The Supreme Court order permitting jailed activist Gautam Navlakha to be kept under house arrest for a month has brought to the fore several applications filed by the accused in the Elgar Parishad-Maoist links case lamenting lack of facilities in jail and denial of access to the same.
Besides seeking medical treatment, the accused in the case have time and again approached courts for permission to get books, chairs, drinking straws, spectacles and mosquito nets inside the prison have asked courts for.
Read more


Supreme Court’s Concerns Regarding the Health of Gautam Navlakha Are Widely Shared

10/11/2022

Countercurrrents / by Bharat Dogra

The concerns expressed by a Supreme Court Bench on November 9 regarding the health of an elderly political prisoner Gautam Navlakha have been widely appreciated in the country. Justice Hrishikesh Roy found it disturbing that hardly any progress had been made since the charge-sheet against him was filed in October 2020 ( over two years ago). Justice K.M. Joseph stated, “ He is a 70 year old man. He is not in the best of health. We don’t know how long he will live.”
Read more


Gautam Navlakha Shifted To House Arrest, Who Are The Other Bhima-Koregaon Accused?

10/11/2022

Outlook India / by Outlook Web Desk

Gautam Navlakha, 70, has been in custody since April 14, 2020, and was lodged in Taloja prison in Navi Mumbai in connection with the Elgar Parishad-Maoist link case.
Even as activists, civil society members friends and family of jailed activist Gautam Navlakha celebrated the Supreme Court order to allow his plea to be placed on house arrest, many of the 15 activists, teachers and social workers accused and arrested in the Bhima Koregaon case continue to languish in jail.
Read more


Also read:
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)
Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)
As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)