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
“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
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
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. Read more
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. Read more
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. Read more
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. Read more
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. 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.
… 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. Read more
4,484 People Died in Police Custody Since 2020: Govt Data
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
Chidambaram: ‘Process is the Punishment’ / A former SC judge on the decay in the criminal justice system
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. Read more
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. Read more
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. Read more
