Persecution – Page 45 – free them all

Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

30/07/2022 Asha

Arun Ferreira Claims NIA Intercepted Emails ‘Without Proper Authorisation’

30/07/2022

The Wire / by The Wire Staff

The National Investigation Agency, however, contended that the emails were not intercepted, but were downloaded during the investigation by following due procedure.
Activist Arun Ferreira, an accused in the Elgar Parishad-Maoist links case, told a special court here on Friday, July 29, that the electronic evidence (emails), relied on by the prosecution as evidence in the case, was obtained “without proper authorisation”.
The National Investigation Agency (NIA), however, contended that the emails were not intercepted, but were downloaded during the investigation by following due procedure.
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Elgar Parishad case: Accused claims emails intercepted without valid authorisation

30/07/2022

Hindustan Times / by Charul Shah

While arguing his plea on Friday, Ferreira said that the court hast scheduled the case for framing of charges hence before trial began, the should be provided with a copy of the order.
Arun Ferreira, one of the accused in the Elgar Parishad case, on Friday alleged that the email recovered from the devices of accused Rona Wilson by the prosecutions was intercepted without any valid authorisation.
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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.
… Meanwhile Arun Ferreira – another accused in the Elgaar Parishad case – on Friday told a special court that certain emails relied upon by the prosecution as evidence were intercepted without authorisation as the National Investigating Agency (NIA) had not provided an order from a competent authority regarding their interception.
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4,484 People Died in Police Custody Since 2020: Govt Data

27/07/2022 Asha

The Swaddle / by Saumya Kalia

To what extent can impunity and oppression be quantified? An answer can be found in the chambers of the Lok Sabha, where the Union government on Tuesday shared data on the rise of custodial deaths in India. At least 4,484 people died in police custody over the last two years, with the state of Uttar Pradesh recording the highest share of custodial deaths. Overall, India’s documented custodial violence has steadily increased, with there being at least 2,544 cases in the last year itself.
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Also read
● How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in / Aug 2021)
● Women prisoners recount Jail Horror Stories – Rape and torture common in jail (ICP / Jan 2019)

NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

23/07/2022 Asha

NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

23/07/2022

The Leaflet / by Sarah Thanawala

On July 22, Special Public Prosecutor for National Investigation Agency (‘NIA’), Prakash Shetty, argued against the bail application of journalist and human rights activist Gautam Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, charged under the Unlawful Activities (Prevention) Act, 1967. The application was being heard before the NIA’s special court in Mumbai, by special judge Dinesh E. Kothalikar.
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State denies phone call facility to jailed activist Gautam Navlakha

21/07/2022

Hindustan Times / by HT Correspondent

The state prison authorities on Wednesday told the Bombay High Court (HC) that Elgar Parishad accused Gautam Navlakha, booked under the Unlawful Activities (Prevention) Act (UAPA), cannot be permitted telephone calls from prison as per the existing rules
The state prison authorities on Wednesday told the Bombay High Court (HC) that Elgar Parishad accused Gautam Navlakha, booked under the Unlawful Activities (Prevention) Act (UAPA), cannot be permitted telephone calls from prison as per the existing rules.
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Can’t let Gautam Navlakha make calls from jail, Maharashtra government tells HC

20/07/2022

Scroll.in / by Scroll Staff

The state government’s lawyer told the court that the activist could not be given the facility as he was facing charges of terrorism.
The Maharashtra government on Wednesday opposed activist Gautam Navlakha’s request to make phone calls from prison, PTI reported.
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Also read:
● NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)

Yet to get money from Maharashtra govt to buy new books for library, say Taloja prison authorities

22/07/2022 Asha

Midday.com / by pti

The authorities of Maharashtra government to purchase more books for library as ordered by the Bombay High Court during a hearing of a bail plea filed by activist Anand Teltumbe.
Teltumbde, an accused in the Elgar Parishad Maoist links case, is currently lodged in Taloja jail.
The prison authorities had refused a book by British author P G Wodehouse to Teltumbde in April this year, and was then directed by the high court to spruce up the library of the prison.
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Chidambaram: ‘Process is the Punishment’ / A former SC judge on the decay in the criminal justice system

22/07/2022 Asha

P Chidambaram writes: ‘Process is the Punishment’

24/07/2022

The Indian Express / by P Chidambaram

P Chidambaram writes: Why are the accused denied bail? Pre-charge evidence, framing of charges, trial and arguments will — not may, it is will — take many years. Should the accused be in jail until the trial is over? Is pre-trial incarceration a substitute for trial, proof, conviction and punishment?
… In current times, there is no story more shocking than the story of the 16 accused in what is known as the Bhima Koregaon case.
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Liberty is too precious to be lost: A former SC judge on the decay in the criminal justice system

22/07/2022

Scroll.in / by Madan B Lokur

A starting point can be making some trial judges realise that they need to stop acting as a rubber stamp of the police in matters of arrest.
“What’s going on?” a young lady asks quizzically in a television advertisement. The same question must be asked of criminal justice and India’s prisons.
Bail, not jail has been reduced to a mere slogan to be whispered once in a while. The reality is jail, not bail. Another reality is that innocent until proven guilty has been transformed to guilty until proven innocent.
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Denied cot, Anand Teltumbde moves court

20/07/2022 Asha

Times of India / by TNN

Academician Anand Teltumbde has moved the special NIA court seeking that a showcause notice be issued to Taloja jail authorities for not providing him with a cot despite the court’s orders.
Teltumbde’s plea also said after the court’s order earlier this month, he was shifted to the hospital ward from the anda cell. It said it seemed like the jail authorities were using the hospital ward as prisoner holding cell to avoid complying with the court’s orders.
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Supreme Court Posts Varavara Rao’s Bail Plea For Final Hearing On August 10; Interim Bail Extended

19/07/2022 Asha

Supreme Court to hear Varavara Rao’s plea for permanent medical bail on August 10; he is not required to surrender until further orders

19/07/2022

The Leaflet / by Sarah Thanawala

Decks are cleared for the Supreme Court’s final hearing in the matter with the issue of formal notice to NIA.
The Supreme Court, on Tuesday, issued a notice to the National Investigation Agency (NIA) on a petition filed by activist, poet, and teacher, P.V. Varavara Rao, an accused in the Bhima Koregaon-Elgar Parishad case, against the Bombay High Court’s order refusing him a permanent medical bail.
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Supreme Court Posts Varavara Rao’s Bail Plea For Final Hearing On August 10; Interim Bail Extended

19/07/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Tuesday posted the regular bail plea of Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao on medical grounds for final hearing on August 10.
While doing so, a Bench comprising Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia also formally issued notice, seeking the response of the National Investigation Authority.
“Considering the nature of controversy of the matter, the matter shall be disposed of in the next occasion. Since we had not issued notice earlier, issue notice, returnable on August 10, 2022.”
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SC extends Varavara Rao’s interim bail till further orders, issues notice to NIA

19/07/2022

Scroll.in / by Scroll Staff

The court also said that it will hear the activist’s plea for permanent medical bail for the final time on August 10.
The Supreme Court on Tuesday issued a notice to the National Investigation Agency in connection with a plea filed by activist Varavara Rao seeking permanent bail on medical grounds, PTI reported.
A bench headed by Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia also extended Rao’s interim bail till further orders.
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Also read:
● Supreme Court Extends Interim Protection Of Varavara Rao; Adjourns Bail Plea To July 19 (Live Law / July 2022)

Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused

18/07/2022 Asha

The Wire / by Sukanya Shantha

The evidence of malware use has now come in from multiple studies, but the accused remain in jail and the trial is yet to begin.
It has been a year since The Wire, along with 16 other international media organisations – all part of the Pegasus Project – reported how at least eight activists, lawyers and academics arrested for their supposed role in the Elgar Parishad case were on the leaked database as probable Pegasus targets. Besides the accused persons, their family members, lawyers, associated activists and, in some cases, minor children too appeared on the list.
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Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Why did India´s media ignore Wired story on plice planting evidence against Bhima Koregaon activists?

14/07/2022 Asha

Newslaundry / by Kalpana Sharma

News is always “breaking” and stories are sometimes “broken”. But then you also have important stories that are “broken” but are quickly forgotten. Not always deliberately, although sometimes that is the case. Quite often because there is just too much news breaking all around us, genuine and fake. As a result, many important stories that need to be followed up are relegated to the archives.
… But first to an important investigative story that got barely reported in the Indian media.
I refer to the remarkable story broken by the Wired magazine on June 16. Headlined “Police linked to hacking campaign to frame Indian activists”, the story describes in some detail how the Indian police were able to plant evidence on the computers of some activists that ultimately led to their arrest.
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Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief

13/07/2022 Asha

The Indian Express / by Sadaf Modak

Varavara Rao is currently on bail on medical grounds, and had challenged in the Supreme Court the High Court order rejecting his appeal.
… Incidentally, the High Court had also noted the claims made by Rao’s counsel on the lack of medical facilities at the Taloja prison and the poor hygienic conditions there, saying there was substance in the argument.
In the trial in the case, the Elgar Parishad accused have repeatedly brought up the lack of facilities in prison, and denial of access to the same.
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