He had sought relief for 15 days to meet his 90-year-old mother after his brother Milind Teltumbde was killed in a gunfight.
A National Investigation Agency court in Mumbai on Wednesday rejected the temporary bail application of activist Anand Teltumbde, who is an accused person in the Bhima Koregaon case, Live Law reported. Read more
NIA refuses temporary bail to Anand Teltumbde to visit family after brother s death
01/12/2021
Bar & Bench / by Neha Joshi
Anand Teltumbde’s brother 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.
A special National Investigation Agency (NIA) court rejected the plea filed by Bhima Koregaon accused Anand Teltumbde seeking temporary bail to visit his mother and family after the recent death of his brother Milind Teltumbde, who was also an accused in the 2018 case. Read more
Bombay HC Directs NIA to Get Varavara Rao Medically Examined, Submit Report
In response, NIA’s counsel Advocate Sandesh Patil issued an apology.
The Bombay High Court on Monday, 29 November, directed the National Investigation Agency (NIA) to get Bhima Koregaon accused Varavara Rao medically examined at a private hospital. Read more
Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)
Audio: Understanding the Judgement of the Bombay High Court
01/12/2021
By PUCL
Date: Dec 1, 2021
Speakers: Mihir Desai and others
In order to understand the judgement in the Bhima Koregaon, default statutory bail case granting bail to Sudha Bharadwaj (National Secretary of the PUCL), but rejecting the bail of 8 others who had also similarly applied, namely Dr. Varavara Rao, Dr. Shoma Sen, Surendra Gadling, Vernon Gonsalves, Sudhir Dhawale, Rona Wilson, Arun Ferreira, Mahesh Raut, we are holding a meeting on December 1st, 2021 from 8pm to 10pm.
All are welcome to listen to the lawyers share their views on the judgement. V. Suresh (General Secretary PUCL ) Kavita Srivastava (National Secretary)
Listen to recording
Why the Bombay High Court granted default bail to Sudha Bharadwaj and not to others [read order]
01/12/2021
Bar & Bench / by Neha Joshi
Sudha Bharadwaj’s application for default bail was pending on the date the application for extension of time to file chargesheet was made.
While granting default bail to lawyer and activist Sudha Bharadwaj on Wednesday, the Bombay High Court refused bail to eight other co-accused in the Bhima Koregaon case.
The Bench of Justices SS Shinde and NJ Jamadar made certain interesting observations in the 120-page order while deciding the pleas filed by Bharadwaj and 8 others challenging orders of the Pune Sessions Judges. Read more/read judgement
Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction: Bombay HC [read order]
01/12/2021
Live Law / by Sharmeen Hakim
In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under provision of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail. Read more/read judgement
Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused
01/12/2021
The Leaflet / by Sabah Gurmaj and Paras Nath Singh
The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases. Read more
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. Read more
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]. Read more
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. Read more
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. Read more
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
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
Rights of prisoners – Gautam Navlakha Case: Cracking up
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. Read more
