Plea challenging denial of bail being heard in Bombay HC
Saturday marks three years since trade unionist and human rights advocate Sudha Bharadwaj, columnist and activist Vernon Gonsalves, cartoonist and activist Arun Ferreira and poet and activist Varavara Rao were arrested by the Pune police some seven months after a mob attacked Dalits and Bahujans on January 1, 2018. Read more
by CIVICUS (Aug 28):
#India: Today marks exactly 3 years since human rights lawyer & activist Sudha Bharadwaj was arrested & subsequently detained under the anti-terror UAPA law on fabricated charges.
The state must #FreeSudhaBharadwaj immediately
http://web.civicus.org/Sudha | #StandAsMyWitness
Petition: Open an Investigation into NetWire attack on the computers of the Bhima Koregaon arrestees!
To: Parliamentary Subcommittee on Information Technology
We, the undersigned, demand that the parliamentary subcommittee on Information Technology open an investigation into the NetWire attack on the computers of the Bhima-Koregaon arrestees. There is overwhelming evidence that a malware attack took place. One of the world’s leading digital forensic investigation agencies, Arsenal Consulting, has conducted a thorough investigation and brought to light crucial evidence confirming the attack and the planting of incriminating documents on the hard drives of the Bhima-Koregaon arrestees. Independent experts have verified Arsenal’s findings. Read more /sign petition
Plea before Bombay HC mentions adherence to all court directions despite multiple ailments
The 81-year-old poet Varavara Rao, accused in the Bhima Koregaon caste violence case, has filed for an extension of his medical bail, which expires on September 5, before the Bombay High Court. Read more
10 prisoners accuse ex-jail superintendent of ‘political censorship’
Prisoners accuse ex-jail superintendent of ‘political censorship’
27/08/2021
Sabrang / by Sabrangindia
The former Taloja Jail Superintendent Kaustubh Kurlekar has been allegedly saving copies of the letter exchanged between the accused and their family and lawyers
Ten activists, who have been falsely implicated in the Bhima Koregaon violence case, have written to the Home Minister of Maharashtra, alleging that Taloja Central Jail’s former Superintendent Kaustubh Kurlekar has been taking scans and saving copies of the letters exchanged between them and their family and advocates. Read more
10 Elgaar Parishad accused allege ‘political censorship’ by jail authorities
27/08/2021
The Hindu / by Sonam Saigal
Kaustubh Kurlekar of Taloja jail scans and saves letters, they have said in a letter to State Home Minister
Ten accused in the Elgar Parishad case have written a letter to Home Minister of Maharashtra on Thursday alleging that Taloja Central Jail’s Superintendent Kaustubh Kurlekar scans and saves copies of letters written by them to their family and advocates.
The letter written on Thursday has been signed by Anand Teltumbde, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves, Mahesh Raut, Sudhir Dhawale, Surendra Gadling, Rona Wilson, Sagar Gorkhe and Ramesh Gaichor. Read more
What NIA draft charges submitted in court say, against whom
What NIA draft charges submitted in court say, against whom
25/08/2021
The Indian Express / by Sadaf Modak
The NIA has proposed to charge all the accused under 16 sections of the law. Charges under some additional sections have been proposed against some accused in accordance with the specific roles that they are alleged to have played.
The National Investigation Agency (NIA) has submitted draft charges before a special court in Mumbai against 15 arrested accused and six absconding accused in the Elgar Parishad case. Read more
The NIA Draft Charges find mention of a common objective to establish ‘People’s Government’ through revolution & protracted arms struggle and an attempt to cause the death of a public functionary.
The National Investigation Agency submitted a list of seventeen draft (proposed) charges against the Bhima Koregaon-Elgar Parishad Case accused, including the charge of waging a war against the country, which is punishable with death.
The draft charges don’t mention a plot to assassinate Prime Minister Narendra Modi, as claimed in 2018 but mention “cause the death of a public functionary.” Read more
Seventeen proposed charges by NIA against accused
22/08/2021
Bar & Bench / by Neha Joshi
The January 2018 FIR registered after the alleged riots post the ’Elgar Parishad’ event forms the basis of the entire Bhima Koregaon case which led to arrest of 16 accused, and the 3 chargesheets.
Fifteen of the accused in the case are in judicial custody while five are absconding. One accused, Father Stan Swamy passed away while in custody.
The charges state that the accused (including Swamy) were active members of a banned terrorist organisation under the Unlawful Activities (Prevention) Act (UAPA) even prior to 2018. Read more
Sessions court had no power to take cognisance of pleas: Accused in Elgar Parishad case seek default bail
24/08/2021
The Indian Express / by Express News Service
The lawyer for the accused submitted that as the orders of remand, authorising custody were ‘illegally’ passed by the sessions judge and the same could not be sustained, they may be released on default bail.
Eight accused in the Elgar Parishad case, while challenging the September 2019 order of the Pune Sessions court rejecting their default bail pleas, told the Bombay High Court that persons booked for scheduled offences under the Unlawful Activities (Prevention) Act (UAPA) had to be produced before special National Investigation Agency (NIA) court and the sessions judge had no power to take cognisance of their pleas. Read more
8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail
23/08/2021
Bar & Bench / by Neha Joshi
The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
Eight accused in the 2018 Bhima Koregaon case have moved the Bombay High Court challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them and to quash the criminal proceedings (Sudhir Dhawale & Ors. v. State of Maharashtra & Ors.). Read more
Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha
24/08/2021
Live Law / by Live Law News Network
The Special NIA Court has rejected temporary bail pleas of professor Anand Teltumbde and journalist Gautam Navlakha, accused in the Bhima Koregaon – Elgar Parishad caste violence Case.
In their applications sent directly from prison, the two sought to be released temporarily citing their age and vulnerability to Covid-19. The pleas were filed pursuant to directions from the jail administration asking all inmates above 60 years to apply for interim bail due to the pandemic. Read more
NIA Court refuses temporary bail to activist Gautam Navlakha
23/08/2021
Bar & Bench / by Neha Joshi
Navlakha had sought temporary bail relying upon the guidelines issued by the High Power Committee for decongestion of prisons in light of the COVID pandemic.
The Special Court under the National Investigation Agency (NIA) Act has refused temporary bail to Bhima Koregaon accused Gautam Navlakha. Read more
Accused activists seek default bail claiming sessions court had no jurisdiction
23/08/2021
Midday / by pti
The petitioners are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, and Arun Ferreira
Seven activists and academics accused in the Elgar Parishad-Maoist links case told the Bombay High Court, the Pune sessions court, which remanded them to custody following their arrest and also took cognisance of the police’s chargesheet in 2019, had no jurisdiction to do so and sought a default bail. Read more
Newswire’s special issue dedicated to Father Stan Swamy / AILAJ’s August issue
Newswire – A special issue dedicated to Father Stan Swamy
22/08/2021
By India Civil Watch
Here’s what you will find inside Newswire 9
1. Spotlight: South Asian Dalit Adivasi Network (SADAN), Canada
2. Vidya Bhushan Rawat, Interview with Rana Khan
3. The Compassionate Revolution of Saint Stan Swamy (1937 – 2021), Shaj Mohan and Divya Dwivedi
4. Under the Mango tree, Madhumita Dutta
5. Stan Swamy in the eyes of a Thirteen Year old, Ananya Mamatha Anil
6. This Month in History, Balmurli Natarajan
7. Poetry! Download here
AILAJ’s August issue
19/08/2021
By All India Lawyers´Association for Justice (A)
AILAJ’s August issue is out! It has pieces on Pegasus, UAPA, Father Stan Swamy and the plight of prisoners in light of the pandemic. It also contains all the representations AILAJ has made to various judicial and state functionaries.
Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized
20/08/2021
Bar and Bench / by Neha Joshi
The accused moved the High court challenging an order of the Special NIA Court refusing their application for cloned copies of the data seized by the NIA.
Bhima Koregaon accused Sudha Bharadwaj and Gautam Navlakha have approached the Bombay High Court seeking clone copies of all devices seized from them by the National Investigation Agency (NIA).
NIA had submitted draft charges and the special court has kept the matter for framing of charges on August 23, 2021. Read more
Accused Approach Bombay HC To Stay Trial Till Clone Copies of Electronic Evidence Is Provided
20/08/2021
Live Law / by Sharmeen Hakim
Accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court to stay the trial or defer the framing of charges until clone copies of all the electronic devices seized are provided to the defence.
Accused Sudha Bharadwaj and journalist Gautam Navalakha have sought HC’s indulgence after the National Investigation Agency submitted the draft charges before the Special NIA Court against the 15 accused on August 9. Read more
Father Stan Swamy Has Right To Have His Name Cleared: Jesuits Approach Bombay High Court
The petitioners state that the Special NIA Court’s observations while refusing bail to Stan Swamy amount to preliminary findings of guilt, which the High Court can set aside.
Late tribal-rights activist Father Stan Swamy’s counsel and kin have urged the Bombay High Court to clear the odium attached to his name and reputation due to his arrest in the Bhima Koregaon – Elgar Parishad caste violence case.
“Article 21 (Right to dignity) of the Constitution equally applies to deceased persons and just as the Appellant(Father Swamy) would have had a right o clear his name if he were alive, similarly those closest to him would have a similar right to clear his name,” Senior counsel Advocate Mihir Desai said on behalf of the Jamshedpur Jesuit Province, which is seeking to pursue Stan Swamy’s case as his next of kin. Read more
by CIVICUS (Aug 28):
