Persecution – Page 69 – free them all

Video: The Bizarre Evidence That Put Stan Swamy & The BK 16 in Prison

08/07/2021 Rani

en | 6:41min | 2021

By The Wire Video

On Monday, 5th July, Fr. Stan Swamy passed away after eight months in prison – conditions that exacerbated his Parkinson’s. He was one of the jailed human-rights advocates also known as the Bhima Koregaon 16.
The evidence that surrounds the case is bizarre. The Wire breaks down the story, looking into the investigation conducted by Arsenal Consulting, a Boston-based digital forensics firm that has claimed the evidence for the arrests of the activists, was planted on their computers.
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Cognizance Of Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? / 8 Accused Seek Bail

08/07/2021 Rani

By LawBeat (July 15):
BombayHighCourt bench led by Justice SS Shinde to hear Lawyer-Activist Sudha Bharadwaj, accused in the #BhimaKoregaon – #ElgaParishad case seeking default bail contending that the trial judge was not authorised to take cognisance of the 2019 charge sheet against her.

Produce papers showing Pune judge was competent to pass orders, HC tells Maharashtra

08/07/2021

Scroll.in / by Scroll Staff

In a petition seeking default bail, activist Sudha Bharadwaj said that Sessions Judge KD Vadane was an additional judge and not a designated special judge.
The Bombay High Court on Thursday directed the Maharashtra government to produce documents to show that the judge who granted an extension to the Pune Police to file the chargesheet in the Bhima Koregaon violence case and took cognisance of it was authorised to do so, PTI reported.
… The court posted the matter for next hearing on July 15.
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Cognizance Of Bhima Koregaon Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? Bombay High Court To Examine

08/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday said that the Court’s records were consistent with lawyer-activist Sudha Bharadwaj’s RTI replies, according to which Additional Sessions Judge (Pune) Kishore Vadane was not appointed as a Special Judge under the NIA Act in 2018/2019.
“Record is the same as you had annexed under RTI,” Justice SS Shinde heading the division bench said at the beginning of the hearing.
The court also asked the State if it had anything additional to show that the judge was assigned the case back then.
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Judge who extended chargesheet deadline not special judge under NIA Act, reveals Sudha Bharadwaj’s lawyer

06/07/2021

The Free Press Journal / by Staff Reporter

Trade unionist, human rights lawyer and activist Sudha Bharadwaj through her advocate Yug Chaudhry claimed that the special judge, who extended the time to file chargesheet into the Bhima Koregaon violence case, and also took cognisance of the chargesheet, was not a special judge under the National Investigation Agency Act.
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Sudha Bharadwaj’s Bail Plea: Bombay High Court To Verify If Pune Sessions Judge Was Competent To Take Cognizance Of Chargesheet

06/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court said it would verify with the Registry if Additional Sessions Judge Kishor Vadane was a Special Judge under the National Investigation Agency (NIA) Act in 2018/2019 and if he was authorised to take cognisance of the Pune police’s charge sheet against the accused in the Bhima Koregaon Elgar – Parishad Case.
A division bench of Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea seeking bail in default Under Sections 439, 482 and section 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act. She has challenged two orders of Judge KD Vadane.
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8 accused in Bhima Koregaon seek bail as judge who rejected bail was not authorised

06/07/2021

The Hindu / by Sonam Saigal

Eight accused in the Bhima Koregaon caste violence case moved the Bombay High Court on Tuesday seeking bail on the ground that the special judge at Pune who rejected their default bail was not authorised to do so. Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Varavara Rao, Vernon Gonsalves and Arun Ferreira filed the petition through advocate R. Sathyanarayanan.
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Also read: Bombay High Court Seeks Reply On Sudha Bharadwaj’s Plea For Default Bail In Bhima Koregaon Case (Live Law, June 2021)

Father Stan Swamy Died Awaiting Bail, What About Other UAPA Accused?

08/07/2021 Rani

The Quint / by Mekhala Saran

For the 15 Bhima Koregaon accused, there’s no trial in sight, and no interim relief in reach either.
Father Stan Swamy’s death, as an incarcerated undertrial in the Bhima Koregaon case, has sparked outrage and triggered international condemnation.
Swamy was 84 years old, suffered from Parkinson’s disease, and had told the Bombay High Court, weeks before his death, that all he wanted was to go home.
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Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

06/07/2021 Rani

Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

06/07/2021

The Hindu / by Special Correspondent

In appeal against temporary bail application rejection by additional sessions judge, Pune
Advocate Surendra Gadling, an accused in the Bhima Koregaon caste violence case, recently moved the Bombay High Court in appeal against the rejection of his temporary bail application.
He was arrested on June 6, 2018, by the Pune Police and is currently lodged at the Taloja Central Jail. On November 6, 2018, his bail application was rejected by additional sessions judge, Pune. He then filed the bail application in the High Court.
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Bhima Koregaon Accused Challenges NIA Court’s Refusal To Allow Him To Join Family For Mother’s Last Rites

06/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday heard Bhima Koregaon- Elgar Parishad Case accused – Advocate Surendra Gadling’s plea challenging the Special NIA Court’s order refusing him temporary bail for his mother’s last rites in 2020.
Gadling was arrested on June 6, 2018. This day, three years ago. He faces charges under sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of the UAPA along with 14 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away yesterday.
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Status of medical bail pleas of other accused / An Account Of Stan Swamy’s Struggles For Basic Rights

06/07/2021 Rani

Status of medical bail pleas of other accused

06/07/2021

The Indian Express / by Sadaf Modak

In June 2020, the special NIA court rejected interim bail pleas of poet Varavara Rao and former professor Shoma Sen, who sought bail citing their health conditions in light of Covid. Rao was subsequently granted temporary bail by HC for six months.
In May, a vacation bench of the High Court hearing a medical bail filed by Maaysha Singh, the daughter of activist and lawyer Sudha Bharadwaj, said prisoners are entitled to access their own medical records and that prisoners should be allowed to make a phone call to a family member after a hospital visit. The court disposed of the medical bail plea after Singh’s lawyer submitted that Bharadwaj had received treatment.
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An Account Of Father Stan Swamy’s Struggles For Basic Rights

06/07/2021

Live Law / by Sharmeen Hakim

Father Stan Swamy, an 84-year-old Jesuit priest who spent over 60 years of his life working for the most marginalised communities, for Adivasis and against the illegal detention of minors branded as Maoists in Jharkhand, passed away at the Holy Family hospital on Monday, his last wish unfulfilled.
… Father Swamy’s lawyer Sharif Shaikh had argued during his first application for interim bail on medical grounds in October 2020 that he could not sign even his vakalatnama and a thumb impression had to be taken.
But NIA opposed his plea. They accused the old man of trying to take “undue benefit” of the pandemic.
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Father Stan Swamy Passes Away Ahead Of His Bail Hearing / Lawyer Demands Judicial Inquiry

05/07/2021 Rani

Father Stan Swamy Passes Away Ahead Of His Bail Hearing In Bombay High Court

05/07/2021

Live Law / by Sharmeen Hakim

Octogenarian tribal rights activist Father Stan Swamy, an undertrial prisoner in the Bhima Koregaon case, passed away today at 1.30 PM, a month after he was admitted to a private hospital in Mumbai, following court’s orders.
This fact was told by Swamy’s counsel to the Bombay High Court, which was hearing his application for bail on medical grounds.
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Stan Swamy Passes Away After Contracting COVID-19 in Jail, Lawyer Demands Judicial Inquiry

05/07/2021

The Wire / by The Wire Staff

The 84-year-old tribal rights activist had been seriously ill since May, but was moved to a private hospital only after the high court intervened.
Jesuit priest and tribal rights activists Stan Swamy passed away on Monday afternoon, two days after he was placed on ventilator support in Mumbai’s Holy Family Hospital. Swamy had tested positive for COVID-19 and was shifted out of the Taloja central prison to a private hospital over a month ago.
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Urgent need for bail and and specialised medical treatment for critical Stan Swamy

05/07/2021 Rani

An Open Letter To Bombay High Court CJI To Save Stan Swamy

05/07/2021

Outlook India / by PUDR

In light of the worsening health conditions of Father Stan Swamy, who was arrested in connection to the Elgar Parishad case in October last year, the People’s Union for Democratic Rights (PUDR) has written an open letter to the Chief Justice of Bombay High Court, seeking immediate intervention in the case.
The complete letter sent by PUDR is published below.
Read full statement

Jharkhand Janadhikar Mahasabha (July 5):
Stan’s condition exposes how the Bhima-Koregaon case, based on fabricated charges, is being used to target activists. We reiterate – Drop all charges against Stan Swamy and all other BK16, set them free and close the BK conspiracy case +++

Urgent need for bail and specialised medical treatment for critical Stan Swamy

04/07/2021

by Jharkhand Janadhikar Mahasabha

Mahasabha demands from the central & Maharashtra governments that all necessary medical and specialised treatment be urgently ensured for Stan Swamy. We further demand that the High Court immediately grants him bail.

NHRC asks Maharashtra Chief Secretary to ensure every possible medical treatment to the imprisoned FR. Stan Swamy as part of life saving measure and protection of his basic human rights

04/07/2021

By National Human Rights Commission

Press release
The National Human Rights Commission, NHRC, India looking into the complaint alleging serious health condition of imprisoned FR. Stan Swamy( 84yrars), has today issued a notice to the Chief Secretary, Government of Maharashtra, calling upon him to ensure that every possible efforts are made in providing him proper medical care and treatment as part of life saving measure and protection of his basic human rights. The Commission has also called for a report in the light of the allegations made in the complaint and the treatment record of FR Swamy, who is very old and lodged in Taloja Jail, Navi Mumbai.
Read full statement

by Indian Social Institute (July 4):
Stan is on ventilator and his condition is critical. Prayers requested +++

by Mary Lawlor UN Special Rapporteur HRDs (July 4):
Horrible news to learn that Indian HRD Fr. Stan Swamy is in very serious condition & was put on a ventilator last night. He’s spent 9 months in jail on unfounded charges.I’m deeply saddened & expect that every possible specialist treatment will be provided to him +++

by Karwan e Mohabbat (July 4):
News coming in that Fr #StanSwamy’s health has deteriorated in hospital. We urge the government provide him the best medical intervention. After a life of selfless service for those who are oppressed, Stan Swamy has been incarcerated under UAPA despite no evidence against him +++

Ensure Every Possible Medical Treatment To Imprisoned FR. Stan Swamy To ‘Protect’ His Human Rights: NHRC To Maharashtra Chief Secretary

Live Law / by Sparsh Upadhay

In a significant move, the National Human Rights Commission, NHRC, India has asked Maharashtra’s Chief Secretary to ensure that every possible medical treatment is provided to the imprisoned FR. Stan Swamy (currently lodged in Taloja Jail, Navi Mumbai) “as part of life-saving measure and protection of his basic human rights.”
NHRC has issued the notice in view of the complaints alleging the serious health condition of imprisoned FR. Stan Swamy (84yrars).
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Activist Stan Swamy put on ventilator support at Mumbai hospital as health deteriorates

04/07/2021

Scroll.in / by Scroll Staff

Swamy is in a critical condition, his friend and colleague Father Joseph Xavier said.
Tribal rights activist Stan Swamy was put on ventilator support at the Holy Family Hospital in Mumbai on Sunday, his friend and colleague Father Joseph Xavier said.
“He [Swamy] was put on ventilator early this [Sunday] morning,” Xavier told Scroll.in. “He remains in a critical condition.”
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Taloja jail official who wanted Elgaar accused shifted gets transferred

04/07/2021 Maya

Taloja jail superintendent transferred

05/07/2021

The Indian Express / by Express News Service

Had sought accused in Bhima Koregaon case to be shifted to other prison.
Taloja jail superintendent Kaustubh Kurlekar, who recently sought the transfer of the male accused in the Bhima Koregaon case to another prison, has been moved to another posting attached to the office of the Inspector General (prisons) as a part of an administrative shuffle, a senior prison department official said.
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Elgar Parishad Accused Could Soon Be Separated, Moved to Different Prisons Across Maharashtra

29/06/2021

The Wire / by Sukanya Shantha

The Taloja Central jail authorities have moved NIA court claiming that the lawyers and family members of those arrested have been giving ‘fake information’ to the media.
The activists and academics arrested in the Elgar Parishad case now have a new challenge before them – the possibility of being separated and thrown into different prisons across the state.
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Also read: Amid pandemic, India’s political prisoners struggle with failing health in unequipped jails (The Caravan, June 22)

Stan Swamy to stay in Bandra private hospital till July 6

04/07/2021 Rani

The Indian Express / by Express News Service

On June 17, taking note of “serious medical issues” in his hospital report, the HC had extended the stay of Father Stan Swamy, Holy Family Hospital for two weeks, till July 5.
The Bombay High Court Friday said Father Stan Swamy, the 84-year-old Jesuit priest and activist arrested last year in the Elgaar Parishad case, can remain in Bandra’s Holy Family Hospital till July 6. It is expected to hear Swamy’s bail plea on the day.
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Bombay HC issues notice on petition against jail authorities withholding letters

03/07/2021 Maya

Bombay HC issues notice on petition by Rama Anand Teltumbde, Susan Abraham Gonsalves against jail authorities withholding letters to and from their jailed husbands

03/07/2021

The Leaflet / by Hamza Lakdawala

The Bombay High Court Saturday issued a notice to the Maharashtra Government, the National Investigation Agency(NIA), and the jail superintendent on a petition filed by Rama Anand Teltumbde and Susan Abraham Gonsalves seeking a direction from the court to the Superintendent of Taloja Prison to allow letter communication between the petitioners and their respective jailed husbands.
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Permit Anand Teltumbde & Vernon Gonsalves To Receive & Send Letters : Spouses Move Bombay High Court

03/07/2021

Live Law / by Shrutika Pandey

A plea has been filed by wives of Anand Teltumbde and Vernon Gonsalves in the Bombay High Court seeking action against the Superintendent of Taloja Prison for withholding communication from Teltumbde and other co-accused to their family members. The matter was posted before a division bench of Justice S.S Shinde and N.J Jamadar, where counsel on behalf of the National Investigation Agency (NIA) Sandish Patel, contended not receiving a copy of the petition; thus, the matter was adjourned with directions to serve the respondents.
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