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Category: Persecution

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021

Sabrang India / by Sabrang India

Filing of draft charges against the accused indicates that the trial could begin anytime soon. However, the lawyers of some of the accused have asked the court to dispose the applications before it, prior to framing charges.
The National Investigation Agency (NIA) has filed draft charges before the Special NIA court in Mumbai, against the 15 accused in the Elgar Parishad/Bhima Koregaon case.
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NIA files draft charges against 15 accused in NIA Court

10/08/2021

Bar & Bench / by Neha Joshi

The lawyers appearing for the accused also prayed for deferring of hearing on framing of charges till the pending applications of the accused are disposed of, which the Court rejected.
The National Investigating agency (NIA) on Monday filed draft charges against 15 accused persons in the Bhima Koregaon case of 2018.
Framing of charges under Section 226 of the Code of Criminal Procedure is the stage where the prosecution describes the charges against the accused along with the evidence they have to prove the guilt of the accused.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

India Today / by Vidhya

The National Investigation Agency (NIA) has filed draft charges against 15 accused in the Elgar Parishad case.
Draft charges contain about 20 charges that have been slapped against the accused in the case. Section 226 of the Criminal Procedure Code (CrPC) obliges the prosecution to describe the charge brought against the accused and to state by what evidence the guilt of the accused would be proved.
In the coming days, the court will hear the accused or their lawyers, who will argue against each charge and then the judge will decide and frame the charges against each accused. The accused will be then asked if they plead guilty or not. If the accused do not plead guilty, then the trial against each accused will begin.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

The Indian Express / by Express News Service

The NIA has also proposed to charge the accused for criminal conspiracy, waging or attempting to wage a war or abetting a war against the Government of India, sedition, and promoting enmity under sections of the Indian Penal Code.
The National Investigation Agency (NIA) on Monday submitted draft charges against the 15 accused arrested in the Elgar Parishad case. The charges include sections of the Unlawful Activities (Prevention) Act pertaining to terrorist acts, unlawful activities, conspiracy, membership of banned organisation and raising funds for it.
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PUDR report: Framed to Die – The Case of Stan Swamy

PUDR report: Framed to Die – The Case of Stan Swamy

By Peoples Union for Democratic Rights (PUDR)

Marking a month since Stan Swamy passed away in judicial custody in a private hospital, a month in which no official inquiry, even the mandated magisterial inquest, has not been initiated, Framed to die: The case of Stan Swamy documents the manner in which Stan Swamy was framed, fettered, and finally forced towards a fatal illness under due process of law called Unlawful Activities (Prevention) Act.
Framed to Die argues that Stan’s experiences of persecution provide an understanding of many others, including the 15 accused in the Bhima Koregaon case. Beyond chronicling Stan’s persecution under law, Framed to Die documents why Comrade Stan was a dissenter and a true patriot and why the state feared and criminalized his dissent under the UAPA.

Download full report (45 pages) here

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

06/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter to Wednesday after the State sought time.
The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale’s friend. Tribal rights activist Mahesh Raut has filed the second plea.
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Victimized For Demanding Their Rights as Prisoners: Kin of Bhima Koregaon Move Bombay High Court Against Prison Transfer Orders

03/08/2021

Live Law / by Sharmeen Hakim

The petition accuses Taloja’s previous Superintendent of initiating the transfers to cover up violations of the rights guaranteed under The Prisons Act, 1894
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar’s orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice.
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Kin of Surendra Galding, Anand Teltumbde, Sudhir Dhawale move Bombay HC challenging transfer from Taloja jail

03/08/2021

Bar & Benach / by Neha Joshi

Immediate family members of Dr. Anand Teltumbde, Surendra Gadling and Sudhir Dhawale, accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other “unspecified prison” in the State.
The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails and it was “an act of victimization for having demanded their rights as prisoners.
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Pegasus Findings: Former Top Cops Call For Relook at Case Against Elgar Parishad / Press Note

Pegasus Findings: Former Top Cops Call For Relook at Case Against Elgar Parishad / Press Note

Senior Retired Police Officers Say Cyber Hacking Operations Revealed in Bhima Koregaon Case and Pegasus Attack Have Serious Implications

05/08/2021

By Family and Friends of BK16

PRESS NOTE
Senior Retired Police Officers Say Cyber Hacking Operations Revealed in Bhima Koregaon Case and Pegasus Attack Have Serious Implications for Police Functioning, Rule of Law
“[Such practices] give a very wrong message to the police leaders” – Julio Ribeiro, retired DGP, Punjab and Gujarat

On a day when the Supreme Court heard petitions against the government’s refusal to inquire into the use of Pegasus spyware, three senior retired police officers addressed an online press conference raising serious concerns about the impact of surveillance and evidence planting. In the wake of clear proof of evidence planting emerging in the Bhima Koregaon – Elgar Parishad cases, as well as the ongoing Pegasus revelations, Julio Ribeiro (former DGP, Punjab), Vikash Narain Rai (former DGP, Haryana) and SR Darapuri (former IG Police, Uttar Pradesh), said such revelations have serious implications for the rule of law and for the functioning of the country’s police. They criticised the government’s failure to investigate these crimes, and also called for the release of those arrested in the Bhima Koregaon case. …

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Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

05/08/2021

Gauri Lankesh News / by Gauri Lankesh News Desk

Since FSL did not rule out the tampering of the laptop and remained silent on the issue, the counsel said that the laboratory’s analysis remains unreliable.
Rona Wilson’s counsel on Monday told the Bombay High court that Forensic Science Laboratory (FSL) failed to respond to the question  ‘whether Wilson’s hard disk was tampered with or not?’ Since FSL did not rule out the tampering of the laptop and chose to remain silent on the issue, the council said that the laboratory’s analysis remains unreliable.
Based on the reports published by US cyber forensic firm Arsenal Consulting, Wilson had moved the Bombay High court stating that there was tampering of evidence and his laptop was infiltrated with malware. Wilson thus asked for the charges against him to be dropped.
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Claims of evidence planted in device can be raised during trial: NIA to Bombay HC in Rona Wilson and Shoma Sen plea

04/08/2021

Bar & Bench / by Neha Joshi

“Much water has flown. Bail pleas have been heard and disposed of, they have even gone up to Supreme Court. The case is now posted for framing of charge and they want to stay the trial,” ASG Anil Singh argued.
The National Investigation Agency (NIA) told the Bombay High Court on Wednesday that the allegation by Bhima Koregaon accused Rona Wilson and Shoma Sen that evidence was planted in their electronic devices, is an argument which can be raised before the trial court.
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Forensic Sciences Lab Doesn’t Rule Out Tampering Of Rona Wilson’s Laptop: Jaising To Bombay HC

04/08/2021

Live Law / by Sharmeen Hakim

… Arguing Wilson’s quashing petition under Article 226, Senior Advocate Indira Jaising submitted that FSL’s failure to respond to a specific question put by the then Investigating officer of the case: ‘whether Wilson’s hard disk was tampered with or not?’, indicates that their analysis is not reliable…
On Wednesday, Jaising submitted that the seizure of Wilson’s laptop was not secure as the ‘hash values’ of the electronic devices were not calculated. Moreover, his laptop was operated during the search in 2018, which was impermissible.
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Bhima Koregoan case: NIA opposes quashing pleas of Rona Wilson

04/08/2021

Free Press Journal / by Urvi Mahajani

The National Investigation Agency (NIA) has opposed the petitions filed by Rona Wilson, accused in the Bhima Koregaon case, stating that it wasn’t maintainable because it entirely revolves around this theory of planting of evidence.
Wilson and other accused, Shoma Sen, have filed petitions in the HC seeking quashing of the case against them.
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 18, 2021)

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

04/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved its order on lawyer-activist Sudha Bharadwaj’s default bail plea in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea filed under sections 439, 482 and 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act.
The bench had earlier observed that the HC’s records were consistent with Bharadwaj’s RTI documents demonstrating that the Pune Judge was not notified as a Special Court under the NIA Act.
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Bombay HC reserves order in Sudha Bharadwaj default bail plea

04/08/2021

Bar & Bench/ by Neha Joshi

The Bombay High Court on Wednesday reserved its verdict in the petition filed by lawyer and Bhima Koregaon accused Sudha Bharadwaj seeking default bail under Code of Criminal Procedure.
Bharadwaj had approached the High Court assailing two orders passed by Pune Sessions Judges on the ground that they had no jurisdiction to pass orders in the case.
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Five reasons why NIA is opposing Sudha Bharadwaj’s default bail plea in Bombay HC

02/08/2021

Bar & Bench / by Neha Joshi

Additional Solicitor General appearing for the NIA made his submissions before Bench of Justices SS Shinde and NJ Jamadar opposing the default bail plea.
The National Investigation Agency (NIA) has opposed the default bail application filed by Bhima Koregaon accused Sudha Bharadwaj (Sudha Bharadwaj v. State of Maharashtra & Anr).
Bharadwaj had moved the High Court challenging two orders passed by Pune Sessions Judges KD Vadane and RM Pande on the ground that they had no jurisdiction to pass orders in the case.
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Also read: NIA opposes default bail pleas of eight accused (The Indian Express / July 25, 2021)

Digital evidence in the shadow of Pegasus

Digital evidence in the shadow of Pegasus

The Leaflet / by Abhay Nevagi

The Supreme Court must take suo moto cognizance of the Pegasus spyware controversy and issue directions in respect of a certificate issued under section 65B of the Evidence Act, 1872. This certificate must verify that the investigative agencies have found no tampering on electronic devices that become their basis to arrest an accused, writes Abhay Nevagi.
… Consider these recent developments in India against the background of Pegasus and other hacking scandals. A petition in the Bhima-Koregaon case, Dr Shoma Sen vs State of Maharashtra, has raised serious concerns about the nature of the evidence against the accused, based on the findings of Arsenal, a reputed cyber-forensics agency based in the USA.
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Also read:
► Pegasus Project: 161 Names Revealed By The Wire On Snoop List So Far (The Wire / Aug 4, 2021)
► Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 18, 2021)

The SC’s decision to hear the Pegasus PIL is a momentous event for Indian democracy

The SC’s decision to hear the Pegasus PIL is a momentous event for Indian democracy

Free Press Journal / by FPJ Editorial

The Supreme Court’s decision to hear the Pegasus PIL, listed for this week, is a momentous event for Indian democracy but no one seems to be overly excited about it. Emotions vary from pessimism to cautious optimism, much like the way the story itself was received.
… Pegasus and other such spyware is not only used for surveillance but also for data mining and planting evidence, which is the plaint of renowned tribal rights activists, academics and their associates arrested in the Bhima-Koregaon case.
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Bombay HC Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

Bombay HC Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

Bombay High Court Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

30/07/2021

Live Law / by Sahrmeen Hakim

The Bombay High Court on Friday allowed bail to Bhima Koregaon accused Advocate Surendra Gadling from August 13 to 21 to attend his mother’s death anniversary.
A division bench headed by Justice SS Shinde and NJ Jamadar pronounced the order.
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Bombay HC grants temporary bail to Surendra Gadling

30/07/2021

Bar & Bench / by Neha Joshi

Bench of Justice SS Shinde and NJ Jamadar granted bail from August 13 to August 21, 2021 to attend mother’s funeral rites.
Gadling had sought temporary bail from the Special Court on the ground that his mother had expired in August 2020 and he was required to join his family members to perform the last rituals.
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Bombay HC seeks Hany Babu’s health report from hospital after lawyer says his eye condition better

Bombay HC seeks Hany Babu’s health report from hospital after lawyer says his eye condition better

The Indian Express / by Express News Service

The court was hearing a petition by Hany Babu’s wife Jenny Rowenna seeking that the DU associate professor be released on bail on health grounds.
The Bombay High Court Thursday directed Breach Candy Hospital in the city to provide the latest health report of Delhi University associate professor Hany Babu, an accused in the Elgar Parishad case who is currently under treatment at a private hospital.
… The HC will consider the plea next on August 6.
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