Persecution – Page 43 – free them all

‘No cop was free to take Vernon Gonsalves to JJ hospital due to fest’ / Jailers’ apathy?

12/09/2022 Asha

‘No cop was free to take Vernon Gonsalves to JJ hospital due to fest’

13/09/2022

Times of India / by TNN

Taloja jail authorities have said Elgar Parishad case accused Vernon Gonsalves who tested positive for dengue on September 7 after several days of fever could not be admitted that day since there was no police escort due to Ganeshotsav and he was admitted to state-run JJ hospital on September 8 with an escort.
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Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’

13/09/2022

Countercurrents / by By Deepika Tandon, Shahana Bhattarcharya (PUDR)

On 8th September Vernon Gonsalves, one of the 16 undertrials in the Bhima Koregaon case lodged in the anda cell of Taloja Central Jail, was diagnosed with dengue and likely pneumonia.
Gonsalves age 65, had been suffering from fever since 30th August, but it took an appeal from his lawyer and the intervention of the Court for the Taloja Jail authorities to shift him to JJ Hospital for treatment. The fact that he was immediately put on oxygen support at the hospital, points to the apathy of the jail authorities regarding the health of prisoners lodged in their custody.
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Medical treatment was provided to activist Vernon Gonsalves in jail, NIA court told

12/09/022

MidDay / by pti

The activist (65), who was in judicial custody and lodged at the Taloja jail in neighbouring Navi Mumbai, was on September 8 admitted to the state-run JJ Hospital, where he is undergoing treatment for dengue.
Activist Vernon Gonsalves, an accused in the Elgar Parishad-Maoist links case, was under constant medical treatment in jail once his ill health came to light and before he was diagnosed with dengue and admitted to a government hospital, prison authorities told a special NIA court here on Monday…
The activist’s plea for temporary bail on medical grounds is likely to be heard by the court on Tuesday.
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Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

MRSD: Release Activist Vernon Gonsalves on immediate Medical bail

11/09/2022 Asha

By Mumbai Rises to Save Democracy

PRESS STATEMENT
Statement by Mumbai Rises to Save Democracy – a campaign of 40+ civil society groups

MRSD is distressed to learn about the health situation of 65 year old activist, poet, and writer Vernon Gonsalves, incarcerated since 2018 in the Bhima Koregaon/Elgar Parishad case. Gonsalves started developing several symptoms, such as fever, cough, dizziness, and nausea starting on August 30, as per the affidavit filed by his lawyers in Court. However, his health condition was met with neglect and it was only after pleading several times that he was finally taken to the state-run JJ hospital on September 6. Instead of continuing his treatment there, he was taken back to jail the same day. Upon hearing about this from other co-accused, Gonsalves’ lawyers and family members moved the NIA court seeking temporary bail on medical conditions. During the hearing, the lawyers told the Court that apart from Dengue, he may also be suffering from Pneumonia. …

BK16 Relatives Flag Prison Authorities’ ‘Criminal Negligence’ of Undertrials / Custodial Violence, Judicial Negligence & State Apathy

11/09/2022 Asha

NewsClick / by Relatives and Representatives of the BK16; NewsClick

The relatives and representatives of the accused persons in the Bhima Koregaon case have released a statement drawing attention to the deteriorating health of several undertrials – including Vernon Gonsalves – and the brazen negligence of the prison authorities...

Statement:
In yet another act of criminal negligence, the prison authorities of Taloja Central Jail, Maharashtra, have delayed medical treatment for Vernon Gonsalves, a prominent activist and one of the accused in the Bhima Koregaon – Elgar Parishad case.
Gonsalves, who is 65 years old, fell ill with fever on August 30th, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail, for almost a week. After much pleading, he was taken to JJ hospital on September 7 and was given oxygen support. However, instead of continuing his treatment, he was callously brought back to jail where his condition continued to worsen. It is only after his lawyer and wife, Susan Abraham, approached the court and obtained an order, that the prison authorities finally admitted him to the emergency ward of JJ hospital, where he is still under treatment.
Read full statement

Video: Custodial Violence, Judicial Negligence and State Apathy

12/09/2022

en │ 52min │2022

By The Polis Project

On 5 October 2020, Atikur Rahman, journalist Siddique Kappan, student Masood Ahmad, and taxi driver Mohammad Alam were arrested in Mathura, in Uttar Pradesh in, India They were on their way to meet the family of a Dalit woman who was raped and murdered by a group of men from the dominant caste in Hathras…
The denial of medical treatment and bail must be seen as a part of a larger pattern of abuse of power directed toward dissenters and political prisoners in India. On 5 July 2021, 84-year-old Jesuit priest and human rights defender Father Stan Swamy died in judicial custody at the Holy Family Hospital in Mumbai, India.
Watch video

► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)

PUDR: Stop Denying Political Prisoners the Right to Healthcare in Jails / Statement by USCIRF

10/09/2022 Asha

Stop Denying Political Prisoners the Right to Healthcare in Jails

10/09/2022

By Peoples Union for Democratic Rights (PUDR)

Sep 10, 2022
On 8th September Vernon Gonsalves, one of the 16 undertrials in the Bhima Koregaon case lodged in the anda cell of Taloja Central Jail, was diagnosed with dengue and likely pneumonia. Gonsalves age 65, had been suffering from fever since 30th August, but it took an appeal from his lawyer and the intervention of the Court for the Taloja Jail authorities to shift him to JJ Hospital for treatment. The fact that he was immediately put on oxygen support at the hospital, points to the apathy of the Jail authorities regarding the health of prisoners lodged in their custody.
The incident marked the two month anniversary of the Special Court rejecting Gautam Navlakha’s petition for a mosquito net. On 20th May the jail authorities had confiscated the mosquito nets of some inmates housed in the anda cell. Sagar Gorkhe and several others had gone on hunger strike expressing apprehensions about contracting malaria and dengue as Taloja is infested by mosquitos. The abysmal jail facilities and hostility of jail staff added to these fears which have all come true.
Read full statement

by The United States Commission on International Religious Freedom (Sep 9):
+++ USCIRF Vice Chair Abraham Cooper: “We are relieved 65-year-old Dalit rights activist Vernon Gonsalves was finally able to receive medical care after being wrongfully denied it for over a week despite the severe deterioration of his health.” ++
+++ USCIRF Commissioner @StephenSchneck: “Medical neglect of prisoners of conscience like Gonsalves & others arrested in the Bhima Koregaon case continues despite the inhumane death of Father Stan Swamy. Pre-trial detention cannot be a de facto death sentence.” ++

Also read:
● NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20)

Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

08/09/2022 Asha

NIA court demands explanation from Taloja authorities on delay of treatment

09/09/2022

Hindustan Times / by Charul Shah

Only on September 5 Gonsalves was shifted to prison hospital as his condition had worsened.
The special NIA court on Thursday directed the superintendent of the Taloja Jail to provide proper medical treatment to Vernon Gonsalves, an accused in the Elgar Parishad case, who has been diagnosed with dengue.
It has also reprimanded the prison authority for failing to respond to Gonsalves’s plea for medical treatment till Thursday.
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Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

08/09/2022

The Wire / by Sukanya Shantha

JJ Hospital has confirmed that Gonsalves has been suffering from dengue for close to two weeks and that he could have developed pneumonia too.
Over 10 days ago, Vernon Gonsalves, a Mumbai-based human rights activist and one of the 16 persons arrested in the Elgar Parishad case, had a high-grade fever. He fainted several times in jail and at one point couldn’t move. The Taloja central prison staff, however, only administered him paracetamol and refused to refer him to a hospital.
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Vernon Gonsalves on oxygen support after contracting dengue in prison

08/09/2022

Scroll.in / by Scroll Staff

His wife, lawyer Susan Abraham, told Scroll.in that the 65-year-old undertrial should have been admitted to hospital ‘long back’.
Activist Vernon Gonsalves, who is among those accused in the Elgar Parishad case, is on oxygen support in Mumbai’s JJ Hospital after contracting dengue in prison, his wife, lawyer Susan Abraham, told Scroll.in on Thursday.
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Pandu Narote’s Death: A Reminder of Stan Swamy’s Demise, GN Saibaba’s Struggles

08/09/2022

The Quint / by Mekhala Saran

When Pandu Narote died on 25 August, once again questions arose regarding the treatment of ailing inmates.
In February 2020, granting bail to Bhima Koregaon accused Varavara Rao, on medical grounds, the Bombay High Court had noted that “sending him back to prison is fraught with risk.”
… In May, 2021, while the second wave of COVID-19 wreaked devastation across the country, the family and friends of the accused in the Bhima Koregaon case, who have been lodged in Mumbai’s Taloja and Byculla jail, held a press conference drawing attention to the purportedly dangerous living conditions there. These included overcrowding, the lack of medical care, paucity of clean water, and flimsy access to basic human rights.
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► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)
► Also read: Crowded Jails & COVID: 16 Bhima Koregaon Accused’s Kin Share Fears (The Quint / May 2021)

NIA court allows activist Jyoti Jagtap to receive books in prison

06/09/2022 Asha

Scroll.in / by Scroll Staff

Judge Rajesh J Kataria directed the Byculla jail superintendent to verify the books before handing them over to her.
A special National Investigation Agency court in Mumbai on Monday allowed activist Jyoti Jagtap to receive five educational or general books every month inside the city’s Byculla prison, PTI reported.
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Also read:
● Yet to get money from Maharashtra govt to buy new books for library as asked by HC, say Taloja prison authorities (MidDay / July 2022)
● Sudha Bharadwaj, Gautam Navlakha and Hany Babu denied books in jail, lawyer tells court (Scroll.in / Dec 2022)

Mumbai Court rejects regular bail plea of Gautam Navlakha [read order]

05/09/2022 Asha

Documents seized from Gautam Navlakha show link between him and Elgar Parishad case: NIA court

07/09/2022

Times of India / by Rebecca Samervel

In a detailed order denying bail to activist Gautam Navlakha (69) in the Elgar Parishad case, the special NIA court said the documents alleged to have been seized from his possession showed a nexus between him with the case.
In the five-page order, special judge Rajesh J Katariya said it was contended by the National Investigation Agency (NIA) that Navlakha was found in possession of incriminating documents related to CPI (Maoist).
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Offence serious, ample evidence: Court rejects bail plea of activist in Elgar Parishad case

07/09/2022

India Today / by Vidya

A special National Investigation Agency (NIA) court rejected the bail application of journalist-activist Gautam Navlakha, arrested in April 2020, in connection with the Elgar Parishad case.
… Special Public Prosecutor Prakash Shetty and advocate Vishal Goutham had submitted that “Navlakha is a member of CPI (Maoist) and he was in possession of incriminating documents related to CPI (Maoist), accessible exclusively to party members. He was actively involved in the activities of ‘Coordination of Democratic Rights Organisation (CDRO) and used to receive group emails.”
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Mumbai Court rejects regular bail plea of Gautam Navlakha [read order]

05/09/2022

Bar & Bench / by Neha Joshi

A Mumbai Court today rejected the regular bail application filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case.
Navlakha, who is human rights activist and former secretary of People’s Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.
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Bhima Koregaon case: Gautam Navlakha’s bail plea rejected by special NIA court

05/09/2022

Scroll.in / by Scroll Staff

The 71-year-old activist was arrested on August 28, 2018 for his alleged involvement in the case.
A special National Investigation Agency court on Monday rejected a bail application filed by activist Gautam Navlakha in the Bhima Koregaon case, PTI reported.
Special Judge Rajesh J Katariya rejected his plea. The detailed order has not been made public yet.
Read more

Special NIA Court Rejects Gautam Navlakha’s Bail Plea

05/09/2022

The Wire / by The Wire Staff

The 70-year-old activist has additionally appealed to the Supreme Court against a Bombay HC order dismissing his plea to allow him to be in house arrest instead of at Taloja prison.
A special NIA court in Mumbai on Monday, September 5, rejected the bail plea of activist Gautam Navlakha, in jail since 2018 over what the agency believes is his connection with the Elgar Parishad case.
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NIA wants to use witness statements from Elgar Parishad in Gadchiroli blast case

02/09/2022 Asha

NIA wants to use witness statements from Elgar Parishad in Gadchiroli blast case

02/09/2022

Hindustan Times / by Charol Shah

The National Investigation Agency (NIA) has claimed that Rona Wilson, an accused in the Elgar Parishad case, met with an accused who is wanted in the deaths of 15 police personnel in the Jamburkheda blast in Gadchiroli.
The National Investigation Agency (NIA) has claimed that Rona Wilson, an accused in the Elgar Parishad case, met with an accused who is wanted in the deaths of 15 police personnel in the Jamburkheda blast in Gadchiroli.
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Mumbai court allows NIA to file evidence from Elgar Parishad probe in Gadchiroli blast case

02/09/2022

Scroll.in / by Scroll Staff

The judge allowed the agency to produce the statements of two witnesses and a photo identification panchnama.
… The National Investigation Agency, in an application before Special Judge Rajesh Kataria, said that some evidence needed to be brought on record in the Gadchiroli attack case. The court allowed the agency to produce the statements of two witnesses and a photo identification panchnama, according to The Times of India.
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Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

31/08/2022 Asha

NIA opposes bail plea of Elgar Parishad accused Jyoti Jagtap, says she received arms training

31/08/2022

India Today / by Vidya

The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Jyoti Jagtap who is an accused in the Elgar Parishad case.
The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Kabir Kala Manch (KKM) member Jyoti Jagtap, who is accused in the 2018 Elgar Parishad case. Jagtap was arrested on September 8, 2020 and a charge sheet was filed against her on October 9, 2020.
… A division bench of the High Court will hear the plea on September 13.
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Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

30/08/2022

The Indian Express / by Express News Service

In the plea filed through advocate Kritika Agarwal, Jagtap said she is innocent and has been falsely implicated in the case. Jagtap said the special court erred in concluding that a prima facie case existed against her.
An accused in the Elgaar Parishad case, Jyoti Jagtap, recently approached the Bombay High Court challenging an order of a special court that denied her regular bail. A division bench of Justice Ajay S Gadkari and Justice Milind N Jadhav Tuesday posted hearing after two weeks.
Read more

Also read:
● Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)

Bombay HC Reserves Judgment In Bail Appeal Of Hany Babu / Evidence & charge as Harry Potter and international war

29/08/2022 Asha

Evidence & charge similarly connected as Harry Potter and international war: Elgar Parishad accused tells court

30/08/2022

India Today / by Vidya

● The Bombay High Court was hearing Hany Babu’s bail plea in Elgar Parishad case
● Hany Babu was arrested on charges of being an active member of CPI(Maoist)
● The court has reserved its order on the bail plea
Seeking bail in connection with the Elgar Parishad case, accused Hany Babu’s counsel told the Bombay High Court that the relationship between the evidence and charges framed by the National Investigation Agency (NIA) is the same as “Harry Potter and international war”.
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Bombay HC reserves verdict on Hany Babu’s bail petition

29/08/2022

The Indian Express / by Express News Service

As the NIA claimed the DU associate professor was involved in ‘terrorist acts’, his counsel denied the charge and said he had already been in jail for over two years.
The Bombay High Court on Monday reserved its verdict on an appeal filed by Elgaar Parishad accused Hany Babu, a Delhi University associate professor, challenging the rejection of his bail plea by a special NIA court.
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HC concludes hearing of Hany Babu’s bail plea

29/98/2022

Hindustan Times / by K A Y Dodhiya

The Bombay high court on Monday concluded the hearing of a default bail application filed by Hany Babu, an accused in the Elgar Parishad case, and reserved its order.
Babu’s counsel claimed that the allegations against him of carrying out anti-national activities were baseless and did not come under the Unlawful Activities (Prevention) Act (UAPA) as no lives were lost. The only crime that Babu was booked for was covered under the Indian Penal Code, he added.
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Thread by Live Law (Aug 29):
#BombayHighCourt is hearing DU professor Hany Babu’s bail application, who is charged under the UAPA in the BhimaKoregaon – Elgar Parishad Case. ASG Anil Singh’s arguments for NIA continue.
+++ ASG – Hany Babu is not only an active member of CPI (Maoist), he actively participated in the activities. The activities of the accused amount to a terrorist act. ASG is reading out definition of terrorist act. ++
…
+++ Chaudhry – For an offence with life imprisonment, committing or advocating violence is required. This is not even alleged. The membership of CPI (Maoist) can at best show intention. But where is the proscribed act? ++
+++ Chaudhry – UAPA requires and act and an outcome. There’s is not a shred of evidence of any terrorist act being performed. The relationship between the acts of the accused and terrorist act is the same as Harry Potter and international warfare.++
…
Read full thread

Bombay High Court Reserves Judgment In Bail Appeal Of Bhima Koregoan Case Accused Hany Babu

29/98/2022

Lawbeat.in / by Raj Bhojani & Sanya Talwar

The bench of Justice Nitin Jamdar and N.R Borkar of Bombay High Court on Monday reserved its judgment on bail appeal filed by Hany Babu in the Bhima Koregoan Case.
The Special NIA court on February 15 rejected the bail plea of Babu and four others. Special NIA Judge DE Kothalikar rejected the bail applications of Hany Babu and Kabir Kala Manch members Sagar Gorkhe, Jyoti Jagtap and Ramesh Gaichor, holding that there is prima facie evidence to show he “was actively involved in the activities of the banned organisation CPI(Maoist) and furthering its ideology”.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists – New details connect police in India to a plot to plant evidence on victims’ computers that led to their arrest. (Wired / June 2022)
● Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)