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Trial court can decide Varavara Rao’s plea to visit Hyderabad for surgery: SC

Trial court can decide Varavara Rao’s plea to visit Hyderabad for surgery: SC

Varavara Rao

The Hindu / by pti

Mr. Rao’s bail conditions do not permit travel out of Greater Mumbai
The Supreme Court on August 16 allowed activist-poet Varavara Rao, an accused in the Bhima Koregaon case, to move the trial court for permission to go to his native Hyderabad for cataract surgery in order to spare himself the expenses of doing it in Mumbai.
A three-judge Bench led by Justice U.U. Lalit asked the trial court to decide Mr. Rao’s plea, if made, for leave to go to Hyderabad, within three weeks.
Read more


Also read:
Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case [read order] (The Leaflet / Aug 2022)

Enforcement Directorate to question Surendra Gadling about allegedly funding Maoists

Enforcement Directorate to question Surendra Gadling about allegedly funding Maoists

Surendra Gadling

ED to question Surendra Gadling about allegedly funding Maoists

17/08/2022

Sabrangindia / by Sabrangindia

A special NIA court had granted permission to the ED to conduct questioning between Aug 17 and 19.
A team of the Enforcement Directorate will today start questioning advocate Surendra Gadling in connection with allegations of funding a banned Maoist organization…
What is also noteworthy is that in June 2021, American digital forensics firm Arsenal unearthed evidence that 14 key files mentioned in the chargesheet against activist and lawyer Surendra Gadling were planted on his hard drive using Netwire, the very same malware that was used to plant false evidence on a laptop belonging to Rona Wilson, another accused in the case.
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Documents link Surendra Gadling to ‘Maoist money during demonetisation, hawala fund’

17/08/2022

The Indian Express / by Chandan Haygunde

The ED will be recording Elgaar Parishad case accused Surendra Gadling’s statement in Taloja Jail between Aug 17 and 19, sources said, adding that properties in the name of Gadling and his wife are also under ED scanner.
Surendra Gadling, one of the accused in the Elgaar Parishad case, will now be questioned by the Enforcement Directorate (ED) for his alleged role in funding the activities of the banned CPI (Maoist), officials said, adding that the interrogations are likely to begin Wednesday.
Read more


Also read:
Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling’s Statement In PMLA Case (Live Law / Aug 2022)
Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

ED’s hidden agenda to implicate me in another false case to prevent release: Surendra Gadling

ED’s hidden agenda to implicate me in another false case to prevent release: Surendra Gadling

Surendra Gadling

ED’s hidden agenda to implicate me in another false case to prevent release: Surendra Gadling

11/08/2022

The Indian Express / by Sadaf Modak

In its plea, the ED has said that Surendra Gadling is an active member of the banned organisation and was involved in the raising and disbursement of funds for “violent activities”.
Nagpur-based lawyer Surendra Gadling, an accused in the Elgaar Parishad case who has been behind bars since 2018, claimed that the Enforcement Directorate (ED) has a “hidden agenda” to implicate him in another “false case” to make it difficult for him to secure a release.
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NIA to interrogate Surendra Gadling on allegations of money laundering

11/08/2022

The Leaflet / by Sarah Thanawala

The interrogation takes place despite the fact that Gadling has questioned the basis of ED’s investigation.
On August 10, the National Investigation Agency (‘NIA’) court, presided by Special Judge Rajesh Kataria, allowed the Enforcement Directorate (‘ED’) to record human rights lawyer and Dalit rights activist Surendra Gadling’s statement on his alleged connection with money laundering. According to the NIA court’s order, whether there are proceeds of crime or not falls under the purview of investigation and hence, interrogation by the ED needs to be permitted. Accordingly, Gadling will be interrogated from August 17 to August 19, in Taloja Central Jail.
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Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling’s Statement In PMLA Case

10/08/2022

Live Law / by Sharmeen Hakim & Amisha Shrivastava

The Special NIA Court has allowed the Enforcement Directorate to record accused-advocate Surendra Gadling’s statement in a money laundering case registered last year against certain accused in the Bhima Koregaon – Elgar Parishad Case.
Special Judge Rajesh Katariya passed the order on ED’s plea seeking to record Gadling’s statement under section 50(2) of the PMLA Act inside Taloja Prison. The agency has been allowed to record his statement on 17,18 and 19 August, 2022.
Read more


Also read:
● Now, ED Wants to Probe Elgar Parishad Case, Accuses Surendra Gadling of ‘Money Laundering’ (The Wire / July 2022)


By Adv Surendra Gadling Defence Committee:
With due credit to anonymous artist and to the jailed, to be jailed lawyers

Supreme Court grants permanent medical bail to P. Varavara Rao [read order]

Supreme Court grants permanent medical bail to P. Varavara Rao [read order]

VV Rao, March 2021

Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case [read order]

10/08/2022

The Leaflet / by The Leaflet

A bench, presided by the CJI-designate, Justice Uday Umesh Lalit, was satisfied that Dr. Rao did not misuse his freedom during the six-month bail granted by the Bombay High Court, and therefore deserves to be granted permanent bail for health reasons.
On Wednesday, a Supreme Court bench comprising Justices Uday Umesh Lalit, Aniruddha Bose and Sudhanshu Dhulia granted permanent medical bail to 82-years old poet, activist and teacher Dr. P. Varavara Rao, accused of inciting violence in the Bhima Koregaon case. Factors such as his old age, two and half years of custody, non-framing of charges against Dr. Rao, and his deteriorating health weighed in favour of the grant of bail.
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Supreme Court Grants Medical Bail To Varavara Rao, Deletes HC Condition To Surrender After 3 Months

10/08/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Wednesday granted medical bail to 84-year old P Varavara Rao, who has been booked under the Unlawful Activities Prevention Act in the Bhima Koregaon case for alleged links with banned Maoist organization.
A bench comprising Justices UU Lalit, Aniruddha Bose and Sudhanshu Dhulia passed the order in the Special Leave Petition filed by Rao challenging the Bombay High Court’s refusal to grant him permanent bail on medical grounds.
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Supreme Court grants bail to Varavara Rao on medical grounds

10/08/2022

Bar & Bench / by Debayan Roy

The Court made it clear that this order shall not impact the cases of the other accused or of Rao on merits. Rao was ordered not to leave the jurisdiction of Mumbai.
The Supreme Court on Wednesday granted bail to Bhima Koregaon accused Varavara Rao, who was arrested in 2018, on medical grounds.
A Bench of Justices UU Lalit and S Ravindra Bhat ordered,
“Matter has not even been taken up for framing of charges and the discharge applications by accused and others are also pending. The medical condition of Rao has not improved over period of time so that bail granted is withdrawn. We thus find P Varavara Rao is entitled to bail on medical grounds. We thus delete the para limiting the bail to a period of time.”
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SC Grants Varavara Rao Permanent Bail on Medical Grounds

10/08/2022

The Wire / by The Wire Staff

The apex court has deleted the condition imposed by the Bombay high court under which the activist had to surrender in three months from April.
The Supreme Court has granted activist and poet Varavara Rao – held as an undertrial in the Elgar Parishad case since August 28, 2018 – permanent bail on medical grounds.
Out on medical bail since March 6, 2021, the 84-year-old had moved the Supreme Court for permanent bail on the same grounds after his plea was rejected by the Bombay high court on April 13.
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Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court

Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court

Varavara Rao

Varavara Rao’s Acts Were Against The State, Not Entitled To Bail: NIA To Supreme Court

09/08/2022

Live Law / by Shruti Kakkar

The National Investigation Agency on Monday told the Supreme Court that it is not justifiable for Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao to seek bail on constitutional grounds when his acts are against the interest of the society and state.
“The act of the petitioner/accused has a direct impact on the unity, integrity, security and sovereignty of India. Needless to revisit the history even to date the Naxalite- Maoist insurgency has been plaguing in this country that caused immense destruction, and very significantly took many lives of police, security personnel, etc., which is principally spearheaded by the Communist Party of India (Maoist).
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Granting permanent bail to Varavara Rao may impact country’s security, NIA tells Supreme Court

09/08/2022

Scroll.in / by Scroll Staff

The probe in the Bhima Koregaon case has revealed that the activist was pursuing the agenda of the CPI(M) to topple the democratic government, the NIA alleged.
The National Investigation Agency on Monday submitted an affidavit to the Supreme Court stating that granting permanent bail to activist Varavara Rao may have a direct impact on “the unity, integrity, security and sovereignty” of the country, the Hindustan Times reported.
Rao, 83, is among the 16 activists who have been charged under the stringent Unlawful Activities (Prevention) Act for allegedly conspiring to set off caste violence in Bhima Koregaon village near Pune in 2018.
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Varavara Rao’s deeds are against State and public; deserves no relief: NIA to SC

09/08/2022

Hindustan Times / by Abraham Thomas

Ahead of his bail plea hearing in connection with the Bhima Koregaon violence case of 2018, the National Investigation Agency (NIA) on Monday told the Supreme Court that awarding relief to 83-year-old Telugu poet P Varavara Rao may have a ‘direct impact on the unity, integrity, security and sovereignty of the country’.
The Supreme Court last month extended Rao’s interim bail till August 10 on medical grounds.
Read more


Also read:
Supreme Court to hear Varavara Rao’s plea for permanent medical bail on August 10; he is not required to surrender until further orders (The Leaflet / July 2022)

Punished without trial: How India’s political prisoners are being denied basic rights in jail

Punished without trial: How India’s political prisoners are being denied basic rights in jail

Drawing by Arun Ferreira
Drawing by Arun Ferreira

Scroll.in / by Umang Poddar

They are often denied items of food and clothing that other inmates are allowed to access.
Over the past few weeks, prison authorities in Maharashtra have denied basic amenities such as mosquito nets and telephone facilities to undertrials in the 2018 Bhima Koregaon case, which pertains to caste violence as well as an alleged attempt to assassinate the prime minister. Nearly five years later, even as independent reports have pointed to the fact that the electronic devices of the accused were hacked using military-grade spyware available only to governments, the trial in the case is yet to begin.
Read more


Also read:
Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief (The Indian Express / Jul 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20)

Supreme Court ticks off govt on seizure of personal devices

Supreme Court ticks off govt on seizure of personal devices

The Telegraph / by R. Balaji

SC frowns on government’s cavalier dismissal of a PIL’s demand for guidelines on ‘seizure, examination and preservation’ of such gadgets
The Supreme Court on Friday said electronic devices seized by investigating agencies “have personal contents and we have to protect this”, frowning on the Centre’s cavalier dismissal of a PIL’s demand for guidelines on the “seizure, examination and preservation” of such devices.
… several accused in the Elgaar Parishad-Maoist links case have said — with support from forensic analysts — that false “evidence” was planted on their devices after their seizure by investigators.
Read more


Also read:
Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused (The Wire / July 2022)
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

On 5th birthday in jail, friends wish for Shoma Sen’s release

On 5th birthday in jail, friends wish for Shoma Sen’s release

Shoma Sen

Times of India / by Shishir Arya

“On your 5th birthday in incarceration, Shoma…we will fight for justice,” says a post by Tusharkanti Bhattacharya, for his wife who is one of the 16 accused in Bhima Koregaon case. With the message he also posted her picture that was published in a Bengali journal Azaadi which carried an article on various political prisoners.
On Monday, Shoma Sen, a Nagpur University professor when arrested five years ago, turned 64.
Read more


Also read:
Part 1: ‘It is very difficult to see my mother like this’ (Rediff.com / May 2022)
Part 2: When Your Mother Is In Prison… (Rediff.com / May 2022)
Part 3:’I have to get Ma out of prison’ (Rediff.com / June 2022)

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

30/07/2022

The Quint / by Vakasha Sachdev

From his decisions on Bhima Koregaon in 2018 to PMLA in 2022, Justice Khanwilkar consistently enabled state power.
The legacy of Justice AM Khanwilkar, who retired as a Supreme Court judge on Friday, 29 July, can best be summed up by the first case where he came to prominence.
In August 2018, the Maharashtra Police made the second set of arrests in what would come to be known as the Bhima Koregaon case.
Read more


Justice AM Khanwilkar’s Legacy: Regression of Fundamental Rights

30/07/2022

Live Law / by Manu Sebastian

When it came to the exercise of judicial review and protection of fundamental rights, Justice Khanwilkar displayed a narrow and technical approach.
… Here is a look at some judgments/orders authored by Justice Khanwilkar in cases relating to civil liberties.
Rejecting plea for SIT probe in Bhima Koregaon case.
Read more


Also read
The Executive(’s) Court: On the Legacy of Justice A.M. Khanwilkar (The Wire / July 2022)
Not A Case Of Arrest For Dissent, SC Turns Down Plea For SIT In Bhima Koregaon Case By 2:1 Majority, Chandrachud Dissents [Read Judgment] (Live Law / Sep 2018)
Justice Chandrachud dissents again: Bhima Koregaon case needs impartial investigation (Scroll.in / Sep 2018)

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice to record his statement

31/07/2022

The Leaflet / by Sarah Thanawala

Arun Ferreira files application to seek production of order on the seizure of emails; Gautam Navlakha gives rejoinder to NIA’s arguments against his bail application
On July 28, the Enforcement Directorate (‘ED’) approached the special National Investigation (‘NIA’) court, presided by Special Judge Rajesh Kataria, seeking permission to record human rights lawyer and Dalit rights activist Surendra Gadling’s statement for his alleged connection with money laundering.
Read more


ED moves NIA Court to question accused Surendra Gadling in money laundering case

30/07/2022

Bar & Bench / by Satyendra Wankhade

The Special NIA Court has granted time to Gadling to respond to ED’s application by August 10.
A special court in Mumbai on Friday granted Surendra Gadling – one of the accused in the Bhima Koregaon case — time to reply to the application filed by the Enforcement Directorate (ED) seeking to record his statement in connection with a money laundering case registered by the agency last year in which he is allegedly a prime suspect.
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ED To Investigate Bhima Koregaon Accused For Money Laundering, Seeks Permission To Record Surendra Gadling’s Statement

30/07/2022

Live Law / by Sharmeen Hakim

Over four and a half years after the Bhima Koregaon – Elgar Parishad caste violence incident, the Enforcement Directorate is pursuing money laundering proceedings against certain civil liberties activists accused in the case.
The ED has approached the Special Court in Mumbai seeking permission to record accused Advocate Surendra Gadling’s statement under section 50(2) of the PMLA Act regarding an ECIR registered last year.
Read more


Now, ED Wants to Probe Elgar Parishad Case, Accuses Surendra Gadling of ‘Money Laundering’

29/07/2022

The Wire / by Sukanya Shantha

The central agency has sought permission from a court in Mumbai to investigate into the enforcement case information report (ECIR) registered against the activist in March 2021.
The Enforcement Directorate on Thursday, July 28, moved an application before a special court seeking permission to question Surendra Gadling, one of the activists jailed in the Elgar Parishad case, in connection with an enforcement case information report (ECIR) registered against him in March 2021.
The Nagpur-based human rights activist has already been in jail for four years and will now be probed by ED in a “money laundering” case.
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Enforcement Directorate seeks to record Surendra Gadling’s statement

29/07/2022

The Indian Express / by Sadaf Modak

The ED approached a special court stating that the investigators want to record his statement in jail and sought permission for it. The court issued notice to Gadling to reply to ED’s plea. It is likely to be heard on Friday.
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