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Category: Persecution

How 5 Reliance Workers Fighting For A Better Deal Found Themselves In Jail On Terrorism Charges

How 5 Reliance Workers Fighting For A Better Deal Found Themselves In Jail On Terrorism Charges

Article 14 / by Jyoti Punwani

For 15 years, these Mumbai contract workers struggled to be treated on par with regular workers and went from success to success, despite arrests and dismissals. Then the State used a law meant to be used against terrorists to incarcerate them with scant evidence of such crimes.
… So, long before the June 2018 arrests of six Left activists in what has come to be known as the Bhima Koregaon case, the Maharashtra Government’s narrative that the violence on 1 January 2018 was planned by “urban Naxals” was set into motion by the arrests of these workers. 
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Also read:
• Bail After 3 Years for the Incarcerated Mumbai Electric Employees Union Workers (groundxero, June 2021)
• Statement on release of four Reliance workers – First to be falsely implicated in Bhima Koregaon case (Sanhati India, January 2019)

Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

29/07/2021

India Today / by Vidya

The National Investigation Agency probing the Elgar Parishad case has been asked by a special court in Mumbai to submit draft charges against the accused on August 9.
The draft charges will be filed by the central agency against all the accused in the case before Special Judge Dinesh E Kothalikar.
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Teltumbde, Navlakha, Gonsalves approach special court, seek bail

27/07/2021

The Indian Express / by Express News Service

Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves sent their applications from Taloja Central Jail where they are lodged and sought to be released temporarily citing their age and vulnerability to Covid-19.
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Anand Teltumbde, Gautam Navlakha, Vernon Gonsalves move NIA Court for temporary bail after HPC remommendation to decongest jails

27/07/2021

Bar & Bench / by Neha Joshi

Special Judge DE Kothalikar has now directed NIA to file their responses to these applications.
Bhima Koregaon accused Gautam Navlakha, Vernon Gonsalves and Dr. Anand Teltumbde have moved the Special Court, which hears cases under the National Investigation Agency (NIA) Act, for interim bail.
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Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

27/07/2021

The Indian Express / by Express News Service

Their counsels, senior advocates Indira Jaising and Anand Grover, also told a division bench of Justices S S Shinde and N J Jamadar that there was no connection between the Elgaar Parishad event held on December 31, 2017, and the Koregaon Bhima violence that took place a day later.
Activists Rona Wilson and Shoma Sen, arrested in connection with the Elgaar Parishad case, urged the Bombay High Court on Monday to decide what was “legal electronic evidence” and stating the evidence relied upon by the probing agency was illegal as per law as it had been “planted”.
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Bhima Koregaon Violence Caused By Another Group: Jaising Argues Relying On Ex-CM’s Statements

26/07/2021

Live Law / by Sharmeen Hakim

The caste violence at Bhima Koregaon on January 1, 2018, was not caused by the “lawful” Elgar Parishad event held the previous day, and the case would not attract the stringent Unlawful Activities (Prevention) Act, researcher Rona Wilson told the Bombay High Court.
Senior Advocate Indira Jaising for Wilson submitted that she would be relying on two statements made by then Chief Minister Devendra Fadnavis in the Maharashtra Legislative Assembly.
… On Monday, a bench of Justices SS Shinde and NJ Jamadar began physical hearings in Wilson and professor Shoma Sen’s petitions under section 482 of the CrPC, Articles 226 and 227 of the Constitution of India, challenging the sanction to prosecute them under the UA(P) Act.
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Also read: Bhima Koregaon Case: Where Are The Hindutva Leaders Accused of Violence? (The Quint, July 12, 2021)

HC Reserves Order On Surendra Gadling’s Bail Plea To Attend Mother’s Death Anniversary

HC Reserves Order On Surendra Gadling’s Bail Plea To Attend Mother’s Death Anniversary

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday reserved for orders the temporary bail appeal of Bhima Koregaon- Elgar Parishad Case accused – Advocate Surendra Gadling to perform his mother’s funeral rites on her first death anniversary on August 15, 2021.
A division bench of Justices SS Shinde and NJ Jamadar said they would pronounce the order on July 30 2021, after hearing submissions from Senior Advocate Indira Jaising for Gadling and advocate Sandesh Patil for NIA.
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NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

25/07/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was hearing the plea filed by Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Shoma Sen, Surendra Gadling and Varavara Rao.
The National Investigation Agency (NIA) on Friday opposed the plea filed by eight accused in the Elgaar Parishad case challenging the June 2019 order of the Pune sessions court rejecting their default bail pleas.
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May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

23/07/2021

Live Law / by Sharmeen Hakim

The Maharashtra Government and the National Investigation Agency on Friday continued their arguments opposing Bhima Koregaon-Elgar Parishad accused Sudha Bharadwaj’s default bail application.
The State submitted that in her entire petition Bharadwaj hasn’t averred at a single place that she was “denied justice” because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and and other accused on February 21, 2019.
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If Court is not empowered to take cognizance, does not mean proceedings can be set aside: NIA to Bombay High Court

23/07/2021

Bar & Bench / by Neha Joshi

An affidavit stating the same was filed before the High Court in the petition filed by eight accused in the Bhima Koregaon case challenging the order refusing bail.
Merely because a court is not empowered by law to take cognizance and yet does so in good faith does not mean that the proceedings should be set aside on that ground alone, the National Investigation Agency (NIA) submitted before the Bombay High Court in the Bhima Koregaon case.
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Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

+++ The Court posted the case for further hearing on August 4, 2021 +++

Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

23/07/2021

The Indian Express / by Sadaf Modak

Oral comments made on Swamy, withdrawn by the court after ASG submitted they were ‘twisted’ on social media and by the press.
The Maharashtra government informed the Bombay High Court on Friday that a judicial magisterial inquiry into the death of Father Stan Swamy is yet to be initiated.
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Bombay High Court Withdraws Oral Praise For Late Father Stan Swamy After NIA Objection

23/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday withdrew its oral statements in praise of late tribal rights activist -Father Stan Swamy and his work – after the National Investigation Agency raised objections during his bail hearing posthumously.
Justice SS Shinde, however, said that even judges are human beings and the news of Father Swamy’s death on July 5 was sudden. Moreover, the court had added a rider that it wasn’t making any comment on Father Swamy’s incarceration or arrest under the Unlawful Activities (Prevention) Act.
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Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

22/07/2021

Free Press Journal / by Urvi Mahajani

The Bombay high court will decide on July 26 the application filed by human rights lawyer Surendra Gadling who is accused of his involvement in the Bhima Koregaon violence case, to perform last rights of his mother on her first death anniversary on August 15.
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Reason for seeking temporary bail daos not survive: NIA opposes Surendra Gadling´s temporary bail plea in Bombay High Court

22/07/2021

Bar & Bench / by Neha Joshi

Gadling had sought temporary bail from the Special NIA Court on the ground that his mother had expired in August last year but the same was dismissed by the special NIA court leading to the appeal before High Court.
The National Investigation Agency (NIA) has asked the Bombay High Court to dismiss the appeal filed by Bhima Koregaon accused Surendra Gadling seeking temporary bail, as the ground cited by Gadling regarding his mother’s demise does not survive anymore (Surendra Gadling v. National Investigation Agency)
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Also read: Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

The Quint / by Anand Venkatanarayanan

An expert decodes Arsenal report—on planting evidence in activists’ devices—& its significance after Pegasus leaks.
In the light of Pegasus leaks, suggesting that Indian government used a spyware to snoop on politicians, constitutional appointees, journalists, and activists, the Bhima Koregaon case deserves fresh and sharp attention.
The Bhima Koregaon case (BKC) is a unique case in many aspects, but one aspect stands out – the planting of evidence through the use of malware as detailed by the Arsenal reports (Report one, two, three).
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire, July 18, 2021)

For India’s undertrials, the legal process is the punishment

For India’s undertrials, the legal process is the punishment


Drawing by Arun Ferreira

The Indian Express / by Nandita Rao

After the death of Stan Swamy, questions about the conditions of jails and treatment of the incarcerated have been raised anew
Michel Foucault, in Discipline and Punish: The Birth of the Prison, wrote, “punishments like imprisonment – mere loss of liberty – has never functioned without a certain additional element of punishment that certainly concerns the body itself: rationing of food, sexual deprivation, corporal punishment, solitary confinement… There remains, therefore, a trace of ‘torture’ in the modern mechanisms of criminal justice.”
The National Crime Records Bureau data reports the death of over 1,800 prisoners in the year 2018. An estimated 70 per cent of prison inmates are undertrials, so it can be safely assumed that a large percentage of those dying in prison are not convicted of any offence.
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How many years can an undertrial languish in jail without trial? HC asks NIA on Bhima-Koregaon Case

How many years can an undertrial languish in jail without trial? HC asks NIA on Bhima-Koregaon Case

How many years can an undertrial languish in jail without trial? Bombay High Court asks NIA on Bhima-Koregaon Violence

19/06/2021

Free Press Journal / by Narsi Benwal

HC says it has too much of respect for Stan Swamy and his work, irrespective of the legal position.
The Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar on Monday asked the National Investigations Agency (NIA) as to for how many years could an undertrial be languishing in jail without trial. The bench was referring to the fact that several rights activists, some of them senior citizens, arrested in the Bhima-Koregaon violence case, have been in prison without charges being framed against them, since last three years.
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We Have Respect For Father Stan Swamy’s Work: Bombay High Court

19/06/2021

Live Law / by Sharmeen Hakim

Justice SS Shinde of the Bombay High Court on Monday said late tribal rights activist and priest – Stan Swamy’s – graceful funeral service after his demise on July 5 2021, had touched him.
“I was informed about the timing of the funeral service. Such a wonderful person. The kind of services he has rendered to the society. We have respect for his work. Legally, whatever is there against him is a different matter…We normally don’t get time for TV, but we saw this funeral, and it was very graceful.”
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You will argue and leave, but we have to answer: Bombay HC to NIA during bail hearing of late Father Stan Swamy

19/06/2021

Bar & Bench / by Neha Joshi

“For how many years without trial can people be asked to languish in jails? Speedy trial is a fundamental right,” the Court said.
The Bombay High Court on Monday lamented at the inordinate delay in concluding trials resulting in accused languishing in jails as undertrial prisoners.
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