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Category: Persecution

Gautam Navlakha asks Bombay HC to move him to house arrest from prison

Gautam Navlakha asks Bombay HC to move him to house arrest from prison

By Live Law (Sep 28, 2021):

#BombayHighCourt adjourns journalist #GautamNavlakha’s plea for house arrest in the BhimaKoregaon – Elgar Parishad Case to October 7, after his counsels seek time to bring additional facts on record and NIA says it will file a reply.

Gautam Navlakha asks Bombay HC to move him to house arrest from prison

02/09/2021

Scroll.in / by Scroll Staff

The 70-year-old activist cited his old age and the need to medically examine a lump on his chest.
Activist Gautam Navlakha, who is in judicial custody in Mumbai’s Taloja prison, on Thursday moved the Bombay High Court seeking to be placed under house arrest instead, reported Live Law.
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Gautam Navlakha Will Be Taken To Tata Memorial Hospital To Examine Chest Lump, Maharashtra Govt Tells Bombay High Court

02/09/2021

Live Law / by Sharmeen Hakim

The Maharashtra government informed the Bombay High Court on Thursday that they will take Bhima Koregaon – Elgar Parishad case accused Gautam Navlakha to Tata Memorial Centre in Kharghar for investigations regarding a lump in his chest.
A division bench of Justices SS Shinde and NJ Jamadar was hearing the 70- year-olds plea for house arrest till the trial in the case concludes.
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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

02/09/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon – Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail.
The accused have filed the appeal against the Sessions court’s order rejecting the default bail application under Section 167(2) of the Code of of Criminal Procedure read with Section 43-D (2) of Unlawful Activities (Prevention) Act.
… The HC is likely to pronounce its judgement along a similar plea made co-accused Sudha Bharadwaj, on which order was reserved on August 4.
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HC reserves order on plea by eight accused

01/09/2021

Hindustan Times / by KAY Dodhiya

The Bombay high court reserved its orders in the petition filed by the eight Elgar Parishad accused who challenged the cognizance taken by the sessions judge of the charge sheet filed by Pune Police in November 2018.
The counsel for the accused argued that as the sessions judge had passed orders and not the special NIA court or a magistrate court as stipulated by the provisions of the Unlawful Activities (Prevention) Act (UAPA) under which the accused were booked, the orders passed by the sessions judge were not valid and they were eligible for default bail.
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Bombay HC reserves verdict in plea by 8 accused challenging cognizance taken by Pune Sessions Judge

01/09/2021

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.
The Bombay High Court on Wednesday reserved its verdict in the plea filed by eight of sixteen accused in the 2018 Bhima Koregaon case challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them.
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Also read:
● 8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail (Bar & Bench, Aug 23)
● Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Rona Wilson Approaches Court For Temporary Bail Following Father’s Demise

Rona Wilson Approaches Court For Temporary Bail Following Father’s Demise

Live Law / by Sharmeen Hakim

Researcher Rona Wilson, accused in the Bhima Koregaon – Elgar Parishad caste violence case approached the Special NIA Court on Wednesday seeking temporary bail for two weeks following his father’s demise on August 18, 2021. Wilson’s father passed away at AT Neendakara, Kerala.
He was 84. Wilson had met his father in April 2018, months before his arrest in the case.
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Bhima Koregaon accused languishing in jail for 3 years

Bhima Koregaon accused languishing in jail for 3 years

The Hindu / by Sonam Saigal

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.
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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!

Petition: Open an Investigation into NetWire attack on the computers of the Bhima Koregaon arrestees!

India Civil Watch / By NET ALERT

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

Varavara Rao seeks extension of medical bail

Varavara Rao seeks extension of medical bail

The Hindu / by Sonam Saigal

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.
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10 prisoners accuse ex-jail superintendent of ‘political censorship’

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.
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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.
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What NIA draft charges submitted in court say, against whom

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.
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NIA Submits Draft Charges in Bhima Koregaon-Elgar Parishad Case: Read Details

23/08/2021

Live Law / by Sharmeen Hakim

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.”
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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.
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Also read: Bhima Koregaon Accused Approach Bombay High Court To Stay Trial Till Clone Copies of Electronic Evidence Is Provided (Live Law, Aug 20)

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

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.
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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.).
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Also read: Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

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.
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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.
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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.
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