Persecution – Page 44 – free them all

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.
Read more

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.
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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)

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.
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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)