Persecution – Page 52 – free them all

Making legal aid effective for women prisoners / Sudha Bhardwaj on the time spent with women in prison

08/03/2022 Asha

Making legal aid effective for women prisoners

08/03/2022

The Leaflet / by Sudha Bharadwaj

If we are to do any justice to the Constitutional mandate of equality before law, and the right to legal representation, we must put in place a mechanism to provide competent and effective legal aid to all those who cannot afford it, particularly to those languishing in jail.
was in Byculla Jail, Mumbai, between February 2020 and December 2021. Prior to that, in Yerwada Jail, where I was lodged between November 2018 to February 2020, I had given an application to be permitted to help with legal aid, but that was refused, possibly since I and my co-accused Professor Shoma Sen, were lodged in separate cells in the Phansi Yard.
Read more

Lawyer activist Sudha Bhardwaj on the time spent with women in prison

08/03/2022

National Herald / by Sudha Bharadwaj

Legal aid is a right guaranteed by the Constitution but it is virtually nonexistent and ineffective, recalls the lawyer-activist, who spent three years in jail as an accused in the Bhima Koregaon conspiracy case. Many inmates cannot follow the language and are not even aware of the name of their lawyer despite having signed the Vakalatnama. The judiciary needs to take a good, hard look at those who are in ‘judicial custody’.
Read more

Also read:
● Sudha Bhardwaj and Shoma Sen extend solidarity to Women’s March from jail (Sabrang / March 2019)

High Court seeks assistance of Attorney General in Teltumbde’s UAPA challenge

02/03/2022 Asha

Bar & Bench / by Neha Joshi

The plea filed by accused Anand Teltumbde has challenged the provisions under the Unlawful Activities (Prevention) Act pertaining to bail and misuse of the term “front organisation” by NIA.
The Bombay High Court on Wednesday sought the assistance of Attorney General for India KK Venugopal in a plea filed by Bhima Koregaon accused Anand Teltumbde challenging provisions of the Unlawful Activities (Prevention) Act (UAPA).
Read more

Bombay High Court permits Anand Teltumbde to meet mother after brother’s death

02/03/2022 Asha

Bombay High Court Allows Anand Teltumbde To Visit Nonagenarian Mother For 2 Days

02/03/2022

Live Law / by Sharmeen Hakim

Three months after his brother’s demise in an encounter, the Bombay High Court permitted Dalit scholar Anand Teltumbde to meet his nonagenarian mother in Chandrapur on March 8 and 9, 2022 under escort protection.
An undertrial in the Bhima Koregaon – Elgar Parishad Case, Teltumbde had sought direction for interim bail from the High Court after the Special NIA Court refused his request on technical grounds. Teltumbde’s brother, Milind, was killed in an encounter in November 2021.
Read more

Bombay High Court permits Anand Teltumbde to meet mother after brother’s death

02/03/2022

Bar & Bench / by Neha Joshi

“Death is a death. He may be an accused, he may have been involved in (illegal) activities … but then ultimately he was present applicant’s brother. There has been a loss of human life,” the Court said.
The Bombay High Court on Wednesday permitted Anand Teltumbde, one of the accused in the Bhima Koregaon violence case, to visit his mother in Chandrapur, Maharashtra from March 8 to 10 after his brother and wanted accused, Milind Teltumbde’s death.
Read more

Also read:
● Bombay High Court seeks assistance of Attorney General KK Venugopal in Anand Teltumbde’s UAPA challenge (Bar & Bench / March 2022)

Interim protection for Varavara Rao extended til March 8 / Why was bail granted only for 6 months?

01/03/2022 Asha

Why was bail granted to Varavara Rao only for 6 months? Bombay High Court

03/03/2022

Bar & Bench / by Neha Joshi

The High Court noted that the February 2021 order granting temporary medical bail to Rao contained strong observations about the inadequate medical facilities at Taloja Jail.
The Bombay High Court on Tuesday mused as to why Varavara Rao, accused in the Bhima Koregaon case, was only granted 6 months of bail despite its strong observations regarding medical conditions at Taloja prison [P Varavara Rao v. State of Maharashtra & Anr].
Read more

Varavara Rao’s medical bail extended till March 8

02/03/2022

Scroll.in / by Scroll Staff

The Bombay High Court also asked if the condition of Taloja jail, where Rao will be sent, has improved.
The Bombay High Court on Tuesday extended the duration of activist Varavara Rao’s medical bail till March 8, reported PTI.
Read more

Interim protection for Varavara Rao extended until March 8

01/03/2022

The Leaflet / by Sabah Gurmat

On Tuesday, the Bombay High Court heard a plea filed by poet and activist P. Varavara Rao – an accused in the Bhima Koregaon case – seeking extension of his interim bail and for being allowed to stay in Hyderabad while on bail. The division bench of Justices S.B. Shukre and G.A. Sanap decided to continue the hearing of arguments on March 8 and has granted interim protection from coercive action to Rao until then.
Read more

Also read:
● Telugu, Wheelchair & Blanket: How Prison Broke Poet Varavara Rao (The Quint / Feb 2021)
● Varavara Rao’s Bail: Leading Newspapers Urge Courts to Protect the Fundamental Right to Liberty (The Leaflet / Feb 2021)

Bail of Varavara Rao extended till March 3

26/02/2022 Asha

Bail of Varavara Rao extended till March 3

26/02/2022

The Leaflet / by PTI

The Bombay High Court on Saturday extended till March 3 the medical bail granted to poet and activist P. Varavara Rao, an accused in the Elgar Parishad-Maoist links case.
Rao, 82, was first granted bail on health grounds by the high court in February last year for a period of six months. He was also asked not to leave Mumbai.
Read more

Bombay High Court extends Varavara Rao’s medical bail till March 3

26/02/2022

Scroll.in / by Scroll Staff

The activist’s lawyer said he is suffering from various ailments, including asymptomatic Parkinson’s disease.
Rao, 82, was granted bail on medical grounds in February last year. The court has been granting extensions on the bail order since September.
In a fresh application on Saturday Rao’s lawyers sought another extension.
Read more

After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

25/02/2022 Asha

After Justices PB Varale And SS Shinde Recuse From Hearing Bhima Koregaon Case, Chief Justice Agrees To Constitute New Bench

25/02/2022

Live Law / by Sharmeen Hakim

After two judges recused themselves from hearing petitions arising out of the Bhima Koregaon – Elgar Parishad Case, Chief Justice Dipankar Datta of the Bombay high Court said a third bench would be constituted to hear the cases at the earliest.
After Justice PB Varale’s bench, that has the criminal assignment, recused from hearing matters earlier this month, the alternate bench of Justice SS Shinde also recused from taking up petitions connected to the case.
Justice Shinde, however, will hear the interim application filed by Vernon Gonsalves, Arun Ferreira and Varavara Rao seeking bail and factual corrections in his order refusing them default bail.
Read more

Judge recuses from Elgar Parishad cases, new bench to hear pleas

25/02/2022

India Today / by Vidya

The new Bench, comprising Justice SB Shukre and AB Borkar, will hear all pleas related to the Elgar Parishad from here on.
Anew Bench of the Bombay High Court will now hear all the pleas related to the Elgar Parishad case after a judge recused himself from the case in which several arrests have been made since 2018.
Read more

Jusitce SS Shinde of Bombay High Court Recuses hearing Bhima Koregaon cases

24/02/2022

Bar & Bench / by Neha Joshi

Sources told Bar & Bench that Justice Shinde will continue hearing the plea filed by three accused in the case seeking review of his own judgment refusing them default bail; however, he has recused from other cases.
Justice Shinde will be releasing a circular/notification to that effect shortly, sources have told Bar and Bench.
After such circular/notification is issued, the respective lawyers representing the 15 accused in the case, will have to move the Chief Justice of the High Court on administrative side to get a new Bench constituted for hearing the petitions arising from the 2018 case.
Read more

NIA opposes default bail plea filed by Varavara Rao, Vernon Gonsalves & Arun Ferreira in Bombay HC

24/02/2022 Asha

Varavara Rao, Vernon Gonsalves, Arun Ferreira

NIA opposes default bail plea in Bombay HC, cites embargo on review

24/02/2022

Bar & Bench / by Neha Joshi

The NIA stated that the review petition filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira is barred by law as they were seeking an alteration or review of the final judgment passed by the High Court.
The National Investigation Agency (NIA) has opposed the plea filed by three accused in the Bhima Koregaon case before the Bombay High Court seeking review of the judgment refusing them default bail [P Varavara Rao & Ors. v. State of Maharashtra & Anr.]
Read more

S.362 CrPC Puts An Embargo’: NIA Opposes Plea Filed By Bhima Koregaon Accused Seeking Review Of Bombay HC’s Judgement Refusing Default Bail

24/02/2022

Live Law / by Sharmeen Hakim
The National Investigation Agency has sought dismissal of the application filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira seeking bail and factual corrections in the Bombay High Court’s order refusing them default bail.
In their reply tendered to the Bombay High Court, the agency cited the embargo under section 362 of CrPC to alter or review judgements once a petition is decided on merits.
Read more

Also read:
● Vernon Gonsalves, Varavara Rao & Arun Ferreira File Review Application In Bombay High Court, Seek Default Bail (Live Law / Feb 2022)

NIA Court refused bail to 4 accused [read orders]

22/02/2022 Asha

Hany Babu, Sagar Gorkhe, Jyoti Jagtap, Ramesh Gaichor

Plan to end Modi raj with Rajiv Gandhi type incident and other reasons NIA Court refused bail to 4 accused [read orders]

22/02/2022

Bar & Bench / by Neha Joshi

Special NIA Judge rejected regular bail applications of Sagar Gorkhe, Ramesh Gaichor, Jyoti Jagtap and Associate Professor Hany Babu.
The Special Court under National Investigation Agency (NIA) Act rejected bail applications of four accused in the Bhima Koregaon case of 2018 relying upon a letter written by the accused which mentioned about ending the Modi-raj in the country.
Read more

No bail; ‘prima facie evidence Hany Babu part of Maoist outfit’: NIA Court

22/02/2022

The Indian Express / by Express News Service

“The same can be said to be sufficient to prima facie establish that the applicant was instrumental for the release of convict G N Saibaba, who was convicted for the activities of the CPI (M),” special Judge Dinesh E Kothalikar said in the detailed order made available on Monday.
IN ITS detailed order rejecting bail to Delhi University associate professor Hany Babu, a special court has said that there is prima facie evidence that he was ‘actively involved’ in activities of banned organisation, CPI (Maoist).
Read more

No hesitation to prima facie conclude that applicant was actively involved in activities of banned organisation: NIA Court

21/02/2022

Free Press Journal / by Staff Reporter

A special court that last week denied bail to Delhi University’s associate professor Hany Babu, an accused in the Elgar Parishad – Bhima Koregaon case, has said in its detailed order that if material on record is taken into consideration, there would be no hesitation to prima facie conclude that he was actively involved in activities of the banned organisation.
Read more

Special NIA Court rejects former CM Fadnavis’ statement as evidence, denies bail to three Bhima Koregaon accused

19/02/2022

The Leaflet / by The Leaflet

A special National Investigative Agency (NIA) court denied bail on Monday to three persons accused in the Bhima Koregaon (Elgar Parishad) case and declined to consider former Maharashtra Chief Minister Devendra Fadnavis’ statement in the Maharashtra Legislative Assembly. The court, while denying bail, maintained that the accused hatched a “serious conspiracy” to create unrest in the country.
The three accused — Jyoti Jagtap, Sagar Gorkhe and Ramesh Gaichor — are musical performers, anti-caste activists and members of the cultural troupe Kabir Kala Manch.
Read more

Also read:
● They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says (Washington Post / Feb 2021)
● The many plots to assassinate Narendra Modi (The Caravan / Sep 2018)

NIA court allows ED to question Gautam Navlakha in Newsclick “case”

19/02/2022 Asha

Hindustan Times / by Vinay Dalvi

The judge also directed the superintendent of Taloja prison to cooperate with the officers and make arrangements for the same.
A special National Investigation Agency (NIA) court has allowed the Enforcement Directorate (ED) to record the statement of human rights activist Gautam Navlakha, an accused in the Elgar Parishad – Maoist link case, at Taloja Jail from Wednesday to Friday.
Read more

Also read:
● Income Tax department ‘surveys’ Newsclick, Newslaundry in tax case (Economic Times / Sep 2021)
● ‘Intimidatory and Blatant Attack’: Editors Guild on IT ‘Survey’ at NewsClick, Newslaundry (The Wire / Sep 2021)

Court allows Gadling access to ayurvedic medicines, table & chair / Surendra’s Prison Song

19/02/2022 Asha

The Indian Express / by Express News Service

Gadling had submitted that his son had brought ayurvedic medicines for him in November but the Taloja Jail superintendent did not allow him access to those.
A special court has allowed lawyer Surendra Gadling, an accused in the Elgaar Parishad case, access to ayurvedic medicines as well as a table and chair to study for his defence.
Gadling had submitted that his son had brought ayurvedic medicines for him in November but the Taloja Jail superintendent did not allow him access to those. He submitted that the court had, in 2018, permitted him to carry the prescribed medicines to prison.
Read more

Also watch:
Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021
In August, when human rights lawyer Surendra Gadling was released on interim bail for a week, he made a quick visit to the Nagpur sessions court to meet his colleagues and friends. 51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates.
Watch video