Persecution – Page 43 – free them all

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)

Justice S Ravindra Bhat recuses from hearing plea by Gautam Navlakha

28/08/2022 Asha

Justice S Ravindra Bhat recuses from hearing plea by Gautam Navlakha

29/08/2022

Bar & Bench / by Debayan Roy

CJI UU Lalit said that the matter might be listed before a bench headed by Justice KM Joseph.
Justice S Ravindra Bhat of the Supreme Court on Monday recused from hearing a plea filed by Bhima Koregaon accused Gautam Navalakha seeking that he be placed under house arrest instead of being lodged in jail [Gautam Navlakha vs National Investigation Agency and anr].
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SC judge recuses himself from hearing plea by activist Gautam Navlakha

29/08/2022

Scroll.in / by Scroll Staff

The activist has demanded that he should be placed under house arrest instead of being lodged in prison.
A Supreme Court judge on Monday recused himself from hearing a petition filed by jailed activist Gautam Navlakha demanding that he should be placed under house arrest, Bar and Bench reported.
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Gautam Navlakha appeal to be heard by Supreme Court on Monday

28/08/2022

Bar & Bench / by Bar & Bench

… Navlakha has moved the top court against Bombay High Court judgment dismissing his plea to be transferred from Taloja Prison and placed under house arrest instead.
Navlakha, who is human rights activist and former Secretary of the People’s Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.
Read more

Also read:
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)
● Bombay HC Judge Justice Revati Mohite Dere recuses from hearing plea by accused (Bar & Bench / June 2022)

NIA opposes Hany Babu’s bail plea in Elgar Parishad case

25/08/2022 Asha

NIA opposes Hany Babu’s bail plea, claims he collected info to make bombs

26/08/2022

Hindustan Times / by K A Y Dodhiya

The National Investigation Agency (NIA) on Friday opposed the default bail application of Hany Babu, an accused in the Elgar Parishad case, and told the Bombay high court that he had not only gathered information to make bombs but also garnered international support for the banned Communist Party of India (Maoist)…
After Choudhary submitted that he wanted to respond to the submissions of the NIA, the bench adjourned the hearing to Monday.
Read more

Thread by Live Law (Aug 26):
++ #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. +++
++ Hearing before a bench of Justice Nitin Jamdar and NR Borkar. +++
…
++ ASG’s submissions to continue on 29th August at 2:30 PM. +++
Read full thread

Professor Hany Babu must be tried under anti-terror laws: NIA in Elgar Parishad case

26/08/2022

India Today / by Vidya

While opposing the bail plea of Elgar Parishad accused, NIA pointed to various incriminating documents.
NIA said that a document on Babu’s laptop was allegedly a study conducted by the Indian Army, Airforce and Navy.
In the Elgar Parishad case, Additional Solicitor General Anil Singh, on behalf of the NIA (National Investigating Agency), told the Bombay High Court that the ‘nature of the allegation’ and the case that was made, directly fell under the category of the anti-terrorist act.
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Wanted to set up ‘Janta Sarkar’: NIA opposes Hany Babu’s bail plea

26/08/2022

The Indian Express / by Express News Service

A division bench of Justice N M Jamdar and Justice N R Borkar was hearing Babu’s appeal seeking bail filed after a special NIA court rejected his plea in February this year.
Claiming that Elgaar Parishad accused Hany Babu was involved in a conspiracy to set up ‘Janta Sarkar’ (people’s government) by overthrowing the elected government through armed struggle, the National Investigation Agency (NIA) on Thursday opposed the bail plea of the former Delhi University associate professor.
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NIA opposes Hany Babu’s bail plea in Elgar Parishad case

25/08/2022

Free Press Journal / by Staff Reporter

A division bench of Justices Nitin Jamdar and NR Borkar was hearing Babu’s bail application.
The National Investigation Agency (NIA) on Thursday opposed the bail plea filed by Hany Babu, an accused in the Elgar Parishad case.
… The HC will continue to hear the bail plea on Friday.
Read more

Thread by Live Law (Aug 25):
#BombayHighCourt is hearing DU associate Prof #HanyBabu’s bail application in the #BhimaKoregaon – Elgar Parishad Case.
…
Hearing to continue tomorrow 3.30pm.
Read full thread

Thread by Bar & Bench (Aug 25)
Bombay High Court bench of Justices Nitin Jamdar and Nitin Raut is hearing a bail application filed by Hany Babu, arrested in the Bhima-Koregaon violence case.

Additional Solicitor General Anil Singh appears for NIA. Singh: It is my case that the accused is a member of banned CPI (Maoist). Material found from his laptop shows that he was in continuous contact with other accused.
Read full thread

Special Court Rejects Arun Ferreira’s Plea For Copy Orders Authorising Email Interception By NIA

23/08/2022 Asha

Special Court Rejects Arun Ferreira’s Plea For Copy Orders Authorising Email Interception By NIA

23/08/2022

Live Law / by Sharmeen Hakim

A special NIA has rejected the application filed by lawyer Arun Ferreira, an accused in the Bhima Koregaon-Elgar Parishad case, alleging that NIA illegally intercepted emails exchanged between him and co-accused Rona Wilson and used it as evidence. Ferreira had sought a copy of the order permitting the agency to intercept their emails.
The court however allowed accused lawyer Surendra Gadling’s plea against the obstruction by prison officials from receiving letters and personal communications sent by his wife and advocates to him at the prison.
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Special court rejects Arun Ferreira’s plea against NIA

23/08/2022

Free Press Journal / by Staff Reporter

A special court on Monday rejected an application by lawyer and accused in the Bhima Koregaon-Elgaar Parishad case, Arun Ferreira, in which he had claimed illegal interception by the National Investigation Agency (NIA) of some emails, which it later used as evidence…
In a separate development, the court directed the Taloja prison authorities to hand over to lawyer and Ferreira’s co-accused Surendra Gadling his letters from his wife, which he complained were held back by it.
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Plea of Elgaar Parishad accused for ‘order authorising email interception’ rejected

23/08/2022

The Indian Express / by Express News Service

A special court rejected Arun Ferreira application after the NIA denied any illegal interception and said the emails were accessed using a password found on a device seized from Rona Wilson, another accused.
After the NIA denied Elgaar Parishad case accused Arun Ferreira’s allegation that some emails it had relied on as evidence had been illegally intercepted, a special court on Monday rejected his application for the investigative agency to provide “the competent authority’s order issued for intercepting emails”.
Read more

Also read:
● Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused (The Wire / July 2022)

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

22/08/2022 Asha

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
The Supreme Court on Thursday 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

Also read:
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

Varavara Rao Will Not Make Media Statements On Bhima Koregaon Case: NIA Court Sets Bail Conditions

20/08/2022 Asha

Varavara Rao told to remain in Mumbai, not to make statement on case to media

21/08/2022

The Indian Express / by Express News Service

Among the bail conditions set for Varavara Rao include that he shall reside within Greater Mumbai and shall furnish a detailed address of his residence.
Days after the Supreme Court granted bail to Telugu poet and activist P Varavara Rao, who was booked in the Elgaar Parishad case, the special court in Mumbai set conditions for his bail, including that he shall not make any statement with regard to the matter in the media.
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Varavara Rao Will Not Make Media Statements On Bhima Koregaon Case: NIA Court Sets Bail Conditions

20/08/2022

Live Law / by Sharmeen Hakim

A special NIA court in Mumbai set 12 bail conditions for Telugu poet Dr P Varavara Rao accused in the Bhima Koregaon case, including a restriction on talking about the case at any media forum…
On August 10, the Supreme Court granted bail to Rao on medical grounds, and had imposed a condition that he should should not leave the Greater Mumbai region without the permission of the trial court.
Read more

‘No statement on case to media’: Special court sets conditions for Varavara Rao’s bail

20/08/2022

The Indian Express / by Express News Updates

Among the bail conditions set for Varavara Rao include that he shall reside within Greater Mumbai and shall furnish a detailed address of his residence.
Days after the Supreme Court granted bail to Telugu poet and activist P Varavara Rao who was booked in the Elgaar Parishad case, the special court in Mumbai set conditions for his bail, including that he shall not make any statement with regard to the matter in the media.
Read more

Also read:
● ‘First Step Towards Acquittal’: Varavara Rao’s Family on Bail by Supreme Court (The Quint / Aug 2022)
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case (The Leaflet / Aug 2022)

Decide on framing charges against Vernon Gonsalves within 3 month: Supreme Court

20/08/2022 Asha

Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas

20/08/2022

The Leaflet / by The Leaflet

A Supreme Court bench of CJI-designate, Justice Uday Umesh Lalit, and Justice S. Ravindra Bhat has decided to keep the petition seeking bail by Vernon Gonsalves on hold, but its direction to the trial court to begin its trial within three months comes as a relief.
Afterhearing at considerable length a bail petition filed by trade unionist, activist and academic Vernon Gonsalves, one of the accused undertrials in the Bhima Koregaon violence case, the Supreme Court on August 18 chose to keep the petition pending with it for three months. In the meantime, it has directed the trial court in Mumbai to decide whether the charges are to be framed against the accused under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
Read more

Decide on framing charges against Vernon Gonsalves within 3 month: Supreme Court

20/08/2022

Bar & Bench / by Abhimanyu Hazarika

The Court also directed the special court to segregate Gonsalves’ trial from that of other accused who are absconding.
The Supreme Court on Thursday asked the special NIA court to decide on framing of charges against Bhima Koregaon accused Vernon Gonsalves within 3 months [Vernon Gonsalves vs State of Maharashtra and anr].
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Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Thursday asked the Special NIA Court to decide on framing charges in the Bhima Koregaon case within a period of three months. The Court also directed the NIA Court to decide the discharge applications filed by the accused in the case simultaneously.
A bench comprising Justice UU Lalit and Justice Ravindra Bhat passed the direction while considering a petition field by accused Vernon Gonsalves seeking bail in the case.
Read more

Also read:
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Arun Ferreira moves Bombay HC seeking default bail; Justice recuses from hearing case

19/08/2022 Asha

Arun Ferreira Approaches Bombay High Court For Default Bail

19/08/2022

Live Law / by Sharmeen Hakim

Activist Arun Ferreira, an accused in Bhima Koregaon – Elgar Parishad case, has approached the Bombay High Court seeking default bail.
Ferreira’s plea was listed before a division bench of Justices Revati Mohite Dere and Sharmila Deshmukh on Friday, however, Justice Dere has already recused from hearing any matters in the case.
In the criminal appeal under section 21(4) of the NIA Act, Ferreira claims that his position is at par with co-accused Sudha Bharadwaj who was granted default bail by the High Court in December last year, while he and eight of his co-accused were denied the relief.
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Arun Ferreira Moves Bombay High Court seeking default bail; Justice Revati Mohite Dere recuses

19/08/2022

Bar & Bench / by Neha Joshi

The accused in the 2018 riots case has sought an order from the High Court on the same grounds used by the court in the order granting default bail to co-accused Sudha Bharadwaj in December 2021.
The petition was listed before Bench led by Justice Revati Mohite Dere who recused from hearing the matter on Friday, without assigning any reason. The appeal will now be heard by another Bench.
Read more

Arun Ferreira seeks default bail, judge recuses from hearing case

19/08/2022

Free Press Journal / by Staff Reporter

Arun Ferreira, one of the accused in the Elgar Parishad case, has sought default bail on parity with co-accused Sudha Bharadwaj in the case. Bhardwaj was granted default bail by the Bombay High Court on December 1, 2021.
On Friday, Ferreira’s petition came up for hearing before a division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh. However, Justice Dere recused herself from hearing the plea without assigning any reason.
Read more

Also read:
● Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused (The Leaflet / Dec 2021)

Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022 Asha

SC Asks NIA Court To Frame Charges Within 3 Months

18/08/2022

The Quint / by The Quint

The Supreme Court also allowed Varavara Rao to approach the trial court with his plea to travel to Hyderabad.
The Supreme Court on Thursday, 18 August, asked the Special National Investigation Agency (NIA) Court to decide on framing charges in the 2018 Bhima Koregaon case within a period of three months.
Read more

Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022

Live Law / by Rintu Mariam Biju

Also read:
● Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
● What NIA draft charges submitted in court say, against whom (Indian Express / Aug 2021)
● NIA Submits Draft Charges in Bhima Koregaon-Elgar Parishad Case: Read Details (Live Law / Aug 2021)