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Category: Persecution

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

01/12/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday granted default bail to lawyer-activist Sudha Bharadwaj in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
However, the Court rejected the bail applications of the 8 other accused Sudhir Dawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira. They were arrested between June – August 2018.
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Sudha Bharadwaj granted default bail by Bombay High Court; plea of 8 others rejected

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj and 8 others had challenged the jurisdiction of the Pune Sessions Judge in 2019 who they submitted was not the Special NIA judge and hence not competent to hear their applications under UAPA.
In a significant development, the Bombay High Court on Wednesday allowed the default bail plea filed by Bhima Koregaon accused advocate Sudha Bharadwaj [Sudha Bharadwaj v. National Investigation Agency].
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Also read:
● Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon (Live Law / Sep 2021)

Poet Varavara Rao’s interim medical bail extended till December 6

Poet Varavara Rao’s interim medical bail extended till December 6


VV Rao walks out of Hospital in March 2021. Pic: Indira Jaising

Poet Varavara Rao’s interim medical bail extended till December 6

29/11/2021

Scroll.in / by Scroll Staff

The bench extended the time for Rao to surrender as the NIA failed to get him medically examined at Mumbai’s Nanavati hospital in compliance with a court order.
Poet Varavara Rao, an accused in the Bhima Koregaon case, need not surrender to the Taloja Jail authorities until December 6, the Bombay High Court said on Monday, according to PTI.
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Bombay High Court directs NIA to take Varavara Rao to private hospital for medical examination

29/11/2021

Bar & Bench / by Neha Joshi

Due to confusion on who would bear the expense for Rao’s medical examination, the examination could not be completed.
The Bombay High Court on Monday directed the National Investigation Agency (NIA) to take Bhima Koregaon accused Varavara Rao to a private hospital for medical examination at the expense of the agency.
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Constitutional Conduct Group: Open Letter to Citizens of India

Constitutional Conduct Group: Open Letter to Citizens of India

Constitutionalconduct.com / by former civil servants of the All India and Central Services

Dear fellow citizens,
We are a group of former civil servants of the All India and Central Services who have worked with the Central and State Governments in the course of our careers. As a group, we have no affiliation with any political party but believe in impartiality, neutrality and commitment to the Constitution of India…
It would be pertinent to recall here that the term “fourth-generation warfare” is normally employed in relation to a conflict where the state is fighting non-state actors, such as terror groups and insurgents. Civil society now finds itself placed in this company. Earlier, the term “Urban Naxal” was being used to denigrate individual human rights activists. Clearly, under the New Doval Doctrine, people like Father Stan Swamy would become the arch enemy of the Indian state and the prime concern and target of its security forces.
Read full statement

Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared

Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared


Pic: Mumbai, Sep 2021

Indian Jesuits want Father Stan’s reputation restored

26/11/2021

UCA News / by UCA News reporter

They believe the late activist priest was implicated in mob violence for standing up for the rights of indigenous people.
Indian Jesuits plan to appeal to a court to clear the stigma attached to their activist colleague Father Stan Swamy, who died under detention after being arrested under a draconian anti-terror law.
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Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared

25/11/2021

The Wire / by The Wire Staff

Swamy died while his appeal in the high court against the NIA special court’s order denying him bail was pending.
The Bombay high court on Wednesday asked the lawyers of late Jesuit priest and tribal rights activist Stan Swamy to file a fresh petition against observations made by a special National Investigation Agency court against him in the Elgar Parishad case.
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HC asks lawyers to file fresh plea against special NIA court’s observations against Stan Swamy

24/11/2021

The Indian Express / by Express News Service

After his death on July 5, Swamy’s lawyers had requested the court to keep pending his appeals against special court orders rejecting his bail pleas on medical grounds and merits.
The Bombay High Court on Wednesday asked late Father Stan Swamy’s lawyers to file fresh independent plea raising grievances pertaining to the observations made against the Jesuit priest by the Special NIA Court while rejecting his bail pleas.
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Bombay High Court Disposes Father Stan Swamy’s Petitions ; Allows Jesuits To Initiate Separate Proceedings

24/11/2021

Live Law / by Sharmeen Hakim

Four and a half months after Father Stan Swamy’s demise, the Bombay High Court has allowed the Jesuits to initiate separateproceedings to clear the odium attached to his name and reputation because of the Bhima Koregaon – Elgar Parishad case.
A division bench of Justices Nitin Jamdar and Sarang Kotwal disposed of as withdrawn Swamy’s bail appeal and anotherpetition challenging his prosecution under the Unlawful Activities (Prevention) Act.
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NIA court rejects bail plea of Elgar Parishad accused Mahesh Raut

NIA court rejects bail plea of Elgar Parishad accused Mahesh Raut

Hindustan Times / by Vinay Dalvi

It has been alleged that Raut had provided funds for banned organisations and sent some students to the jungle to join the Naxalite movement.
A special National Investigation Agency (NIA) court on Thursday rejected the bail application of forest rights activist Mahesh Raut, arrested in the Elgar Parishad case, for allegedly spreading Maoist ideology and encouraging unlawful activities.
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Criticism of government, PM Modi not sedition, UAPA: Accused to NIA court

Criticism of government, PM Modi not sedition, UAPA: Accused to NIA court

Criticism of government, PM Modi not sedition, UAPA: Accused to NIA court

24/11/2021

Bar & Bench / by Neha Joshi

Accused Ramesh Gaichor and Sagar Gorkhe had been arrested in 2020 by the NIA for allegedly making inflammatory speeches leading to the riots of Bhima Koregaon in 2018.
Ramesh Gaichor and Sagar Gorkhe, accused in the Bhima Koregaon case of 2018, have approached the Special Court under the National Investigation Act seeking bail.
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Within my rights to speak against political party, its leader: Elgar Parishad accused in bail plea

24/11/2021

India Today / by Vidya

Two accused in the Elgar Parishad case of 2018 have approached the special court dealing with National Investigation Agency (NIA) cases, seeking bail.
The two, Ramesh Gaichor and Sagar Gorkhe, are alleged to be members of the banned organisation Kabir Kala Manch. They were arrested by the NIA in 2020 and charged with sedition under the Indian Penal Code and under the Unlawful Activities (Prevention) Act (UAPA) for allegedly giving inflammatory performances at the Elgar Parishad event organised in the heart of Pune city, which led to the riots at Bhima Koregaon in 2018.
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Rights of prisoners – Gautam Navlakha Case: Cracking up

Rights of prisoners – Gautam Navlakha Case: Cracking up

Indialegallive / by Abhinav Mehrotra

The shifting of the activist to the dehumanising high security prison cell has highlighted the need to uphold the rights of prisoners. Many judgments have tried to elevate them to a more humane state.
The debate between personal liberty and national security concerns has been growing. In this context, the norms surrounding solitary confinement and speedy trial along with ensuring human dignity while being incarcerated need to be reemphasised.
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Also read:
● How the ‘anda cell’ is used to discipline prison inmates (The Indian Express / Oct 2021)

NIA raids human rights activist’s Srinagar residence / Statement by PUCL

NIA raids human rights activist’s Srinagar residence / Statement by PUCL


Drawing by Arun Ferreira

Release Kashmiri human rights defender Khurram Parvez

24/11/2021

Countercurrents / by PUCL

Press Statement
PUCL calls for the immediate release of Kashmiri human rights defender Khurram Parvez, who was arrested on 22nd November 2021, by the National Investigating Agency under various provisions of the Unlawful Activities Prevention Act and Indian Penal Code…
PUCL firmly believes that the present action is one more attempt on part of the present establishment to silence peaceful, non violent dissenters. In the context of what has happened in recent times concerning cases of Bhima Koregaon, Delhi riots, Tripura violence, farmers protest, the tool kit case, Siddique Kappan case and various others across the country, Khurram’s arrest is one more instance of a brutalizing state machinery being used against human rights defenders.
Read full statement

NIA raids human rights activist’s Srinagar residence over terror links

23/11/2021

Deccan Herald / by Zulfikar Majid, DHNS

The probe agency sleuths carried out searches at Khurram Parvez’s residence in Sonwar and office at Amira Kadal.
In an early morning swoop, the National Investigation Agency (NIA) Monday carried out searches at the residence and office of human rights activist Khurram Parvez in Srinagar, in connection with a terror funding probe…
The NIA has reportedly found links between Parvez and charge-sheeted activist Gautam Navlakha, who was arrested by the probe agency last year.
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by Mary Lawlor, UN Special Rapporteur HRDs (Nov 22):
I’m hearing disturbing reports that Khurram Parvez was arrested today in Kashmir & is at risk of being charged by authorities in #India with terrorism-related crimes. He’s not a terrorist, he’s a Human Rights Defender

Anand Teltumbde Seeks Temporary Bail To Visit Mother After Brother’s Encounter Killing

Anand Teltumbde Seeks Temporary Bail To Visit Mother After Brother’s Encounter Killing

Anand Teltumbde Seeks Temporary Bail To Visit Mother After Brother’s Encounter Killing

23/11/2021

Live Law / by Sharmeen Hakim

Anand Teltumbde, Dalit scholar and accused in the Bhima Koregaon – Elgar Parishad case has sought the special NIA court’s permission for temporary bail to visit his 90-year-old mother for 15 days following brother – Milind’s – death in an encounter.
A telephone conversation earlier permitted by the court did not materialise.
Milind, an alleged Maoist leader was killed in an encounter by security personnel in Maharashtra’s Gadchiroli district along with 26 others.
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Anand Teltumbde moves NIA Court for interim bail after death of brother Milind Teltumbde

23/11/2021

Bar & Bench by Neha Joshi

Milind Teltumbde was among the 26 killed in a recent gun-battle encounter that took place on November 13 this year at Korchi in Gadchiroli, Maharashtra.
Accused in Bhima Koregaon case, Anand Teltumbde has moved a Mumbai court seeking interim bail to visit his mother and family, after the recent death of his brother, Milind Teltumbde, who was also a wanted-accused in the 2018 case.
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‘Urban Naxals’, Sharad Pawar’s U-Turn and What it Means for Efforts to Ensure Justice for Activists

‘Urban Naxals’, Sharad Pawar’s U-Turn and What it Means for Efforts to Ensure Justice for Activists

The Wire / by Sukanya Shantha

When the MVA government came to power in Maharashtra, it vehemently criticised the Fadnavis government’s handling of the Elgar Parishad case. Two years later, Sharad Pawar is sounding a lot more like Fadnavis.
In 2018, the Maharashtra police, under the Devendra Fadnavis-led Bharatiya Janata Party government, arrested several rights activists, lawyers and academics for their alleged involvement in the Elgar Parishad case.
This series of arrests, made from different parts of the country, made way for the dramatic discourse on the presence of “urban Naxals” in the country. 
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