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PUCL Welcomes Bail for Sudha Bharadwaj / Statement by Workers Unions

PUCL Welcomes Bail for Sudha Bharadwaj / Statement by Workers Unions

PUCL Welcomes Bail for Sudha Bharadwaj

08/12/2021

PUCL / by People’s Union For Civil Liberties (PUCL)

The PUCL welcomes the short order of the Supreme Court  yesterday, 07th December, 2021, dismissing the SLP filed by the NIA which challenged the grant of statutory bail to Advocate Sudha Bharadwaj, a committed activist lawyer and member of PUCL. The PUCL sees this important order and the order of the Bombay High Court which was under challenge, as a vindication of the long campaign against the UAPA by the PUCL and other allied groups.
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On the granting of bail to Advocate Sudha Bharadwaj by the Bombay High Court

05/12/2021

ReleaseSudhaBharadwaj.net/ by CMM-MKC and other workers unions

On the 1st of December 2021, after having spent three years in jail on fabricated charges in the Bhima Koregaon case, Human Rights activist and lawyer Sudha Bharadwaj was granted bail by the Bombay High Court. We the undersigned unions and workers collectives welcome the judgement. It is a great relief for the working people of Chhattisgarh who have consistently campaigned against the illegal arrest of Sudha Bharadwaj and continuously demanded her release.
Full statement

Sudha Bharadwaj To Be Released After NIA Court Sets Bail Conditions

Sudha Bharadwaj To Be Released After NIA Court Sets Bail Conditions

Sudha Bharadwaj To Be Released After NIA Court Sets Bail Conditions

08/12/2021

The Wire / by Sukanya Shantha

The court has directed Bharadwaj from refraining from making any media statements on the ongoing Elgar Parishad trial.
The special National Investigating Agency (NIA) court on Tuesday, December 8, imposed a series of bail conditions on academic and rights activist Sudha Bharadwaj, who spent over three years in Maharashtra prisons. Bharadwaj, one of 16 persons arrested in the Elgar Parishad case, was granted default bail by the Bombay high court last week.
Bharadwaj is likely to be released from Byculla women’s prison tomorrow on completion of bail procedures.
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Activist Sudha Bharadwaj can be released on bail bond of Rs 50,000, rules NIA court

08/12/2021

Scroll.in / by Scroll Staff

The court allowed Bharadwaj to file a application for the verification of her address so that she can be released on Wednesday itself.
A National Investigation Agency court on Wednesday ruled that lawyer-activist Sudha Bharadwaj can be released from jail after furnishing a bail bond of Rs 50,000 and one or more sureties in the Bhima Koregaon case, reported Live Law.
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Special NIA Court Paves Way For Sudha Bharadwaj’s Release, Sets Bail Conditions

08/12/2021

Live Law / by Sharmeen Hakim

She has been allowed provisional cash bail for a period of one month, disallowed from speaking to the media.
A special NIA Court on Wednesday decided the bail conditions to be imposed on Bhima Koregaon- Elgar Parishad accused Sudha Bharadwaj. She was granted default bail by the Bombay High Court, on December 1.
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Sudha Bharadwaj: NIA court sets bail conditons for release; bail bond of ₹50.000, no statements to media

08/12/2021

Bar & Bench / by Neha Joshi

She should also not make any contact with any co-accused or any other persons involved in similar activities, or make any international phone calls.
The special court under National Investigation Agency (NIA) Act on Wednesday framed the bail conditions to be followed by Bhima Koregaon case accused Sudha Bharadwaj for her release on default bail.
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Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive

Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive

Scroll.in / by Riddhi Dastidar, IndiaSpend.com

While the fight has faltered, Swamy’s friends and colleagues are taking forward the work he had lived and died for.
“Until his last breath, Stan had hope in the judiciary,” recalled Sheela*, a Delhi-based lawyer who asked to be anonymous for fear of being targeted. “He was waiting for the July 3 hearing where his interim bail plea was to be taken up. I think when that did not happen, he finally lost hope.”
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Surendra Gadling Says Jail Authorities Denying Him Medicines

Surendra Gadling Says Jail Authorities Denying Him Medicines

The Wire / by Sukanya Shantha

“The non-availability of medicines and hot water is posing a danger to my life,” the lawyer wrote in a letter to the additional director general of prisons.
In the latest instance of inhumane treatment meted out to the accused in the Elgar-Parishad case, lawyer Surendra Gadling has accused the Taloja central jail superintendent of blocking his supply of ayurvedic medicines, which he had been permitted to access by the trial court.
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Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

In August, when human rights lawyer Surendra Gadling was released on interim bail for a week, he made a quick visit to the Nagpur sessions court to meet his colleagues and friends. 51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
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Supreme Court dismisses NIA’s appeal, confirms Sudha Bharadwaj’s release on bail

Supreme Court dismisses NIA’s appeal, confirms Sudha Bharadwaj’s release on bail

SC dismisses NIA’s appeal, confirms Sudha Bharadwaj’s release on bail

07/12/2021

The Leaflet / by The Leaflet

The Supreme Court on Tuesday paved the way for the release of activist-lawyer Sudha Bharadwaj as it dismissed the appeal filed by the National Investigation Agency (NIA) against the Bombay High Court’s order granting her default bail in the Bhima Koregaon case.
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Sudha Bharadwaj bail: Supreme Court rejects NIA appeal against default bail granted by Bombay High Court

07/12/2021

Bar & Bench / by Debayan Roy

The top court said that extension of time for investigation and detention under provisions of Section 43D(2) of the UAPA and Section 167(2) of CrPC could have only been done by the special court hearing NIA cases.
The Supreme Court on Tuesday rejected the appeal filed by National Investigation Agency (NIA) challenging the Bombay High Court order granting default bail to lawyer activist Sudha Bharadwaj in the 2018 Bhima Koregaon case [National Investigation Agency v. Sudha Bharadwaj].
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Supreme Court Dismisses NIA’s Plea Challenging Default Bail To Sudha Bharadwaj In Bhima Koregaon Case

07/12/2021

Live Law / by Srishti Ojha

The Supreme Court on Tuesday dismissed the petition filed by National Investigation Agency challenging the default bail grantedto lawyer-activist Sudha Bharadwaj by the Bombay High Court on December 1, after over three years of her arrest in the Bhima Koregaon case.
A Bench comprising Justice UU Lalit, Justice Ravindra Bhat and Justice Bela Trivedi observed that there was no reason to interfere with the Bombay High Court’s order and dismissed the NIA’s Special Leave Petition.
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Supreme Court dismisses NIA plea challenging default bail to Sudha Bharadwaj

07/12/2021

Scroll.in / by Scroll Staff

The court said it had no reason to interfere in the bail granted by the Bombay High Court.
The Supreme Court on Tuesday rejected the National Investigation Agency’s plea challenging the default bail granted to lawyer-activist Sudha Bharadwaj by the Bombay High Court in the Bhima Koregaon case, Live Law reported.
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‘The Point Is Not to Surrender’: The Sudha Bharadwaj I Know

‘The Point Is Not to Surrender’: The Sudha Bharadwaj I Know

The Quint / by Smita Gupta

‘They call Sudha a terrorist, an anti-national. I have known her for over 30 years. You can’t find a better friend.’
“Sudha’s got bail!” These were the three words we have been desperate to hear for over three years and for which our brilliant and committed lawyers – Adv Yug Mohit Chaudhry and his team – have left no stone unturned; news her daughter Maaysha (Anu to all of us) has agonised over and lived for the past three years. And yet, I couldn’t believe it until I spoke to the lawyers myself. For all of us, Sudha’s friends and family, it is devastating that on some technicality the other co-accused were denied default bail.
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NIA opposes Gautam Navlakha plea for medical bail and house arrest

NIA opposes Gautam Navlakha plea for medical bail and house arrest

Why NIA has opposed house arrest plea of Gautam Navlakha in Bombay High Court

07/12/2021

Bar & Bench / by Neha Joshi

Apart from tampering with evidence and witness, NIA opposed the plea filed by Navlakha stating that under the guise of a writ petition Navlakha is seeking regular bail.
The plea filed by Bhima Koregaon accused Gautam Navlakha praying that he be transferred from prison and placed under house arrest instead, is a waste of judicial time, the National Investigation Agency (NIA) has told the Bombay High Court.
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NIA opposes Gautam Navlakha plea for medical bail and house arrest

07/12/2021

The Indian Express / by Express News Service

The NIA, through Mumbai branch SP V Vikraman, submitted before a division bench of Justice Nitin M Jamdar and Justice Sarang V Kotwal an affidavit in reply to a plea by Navlakha.
The National Investigation Agency on Monday opposed the medical bail and house arrest plea by Elgar Parishad case accused Gautam Navlakha, who is currently lodged at Taloja Central Prison, Navi Mumbai, alleging denial of basic medical care and other necessities in jail. The agency said the petitioner did not satisfy the criteria of house arrest.
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Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

By CMM-MKC and other workers unions

Press Statement
On the granting of bail to advocate Sudha Bharadwaj by the Bombay High Court

On the 1st of December 2021, after having spent three years in jail on fabricated charges in the Bhima Koregaon case, Human Rights activist and lawyer Sudha Bharadwaj was granted bail by the Bombay High Court. We the undersigned unions and workers collectives welcome the judgement. It is a great relief for the working people of Chhattisgarh who have consistently campaigned against the illegal arrest of Sudha Bharadwaj and continuously demanded her release. It is important to note that Sudha Bharadwaj was granted bail because the chargesheet against her was not produced before the appropriate court within the legally specified time limit. There were 8 others along with Sudha Bharadwaj arrested under the same case whose bail was rejected on the same day. We express our deep disappointment at the courts decision to reject their applications for bail. It is amply clear that the 16 Human Rights activists, lawyers, artists and writers were arrested under false and fabricated charges in the Bhima Koregaon case. We the undersigned unions have condemned these arrests from the very beginning.

The granting of bail to Sudha Bharadwaj is most certainly a jolt to the current pro-corporate, brahminical, fascist central government, as is evident from how promptly they moved the Supreme Court to challenge the bail order. The very day after the judgment of the Bombay High Court was pronounced, the National Investigating Agency (NIA) was ready with their appeal to the Supreme Court to act against the granting of bail to Sudha Bharadwaj. They seem determined to ensure she is not released under any circumstance. All recent events have in any case pointed clearly to the fact that the NIA is not an independent invesitgation agency but in fact one that works simply like an arm of the ruling Bharatiya Janta Party (BJP). The NIA has been indiscriminately wielding the draconian Unlawful Activities Prevention Act (UAPA) legislation against anyone who dares to exercise their democratic right to protest against the BJP. In such a scenario, we place all our hope and faith in the Supreme Court that it will uphold the democratic fabric of the country, uphold the notion of justice and grant Sudha Bharadwaj bail at the earliest.

It must be mentioned that Father Stan Swamy, one of the 16, aged 84, lost his life in custody while awaiting bail. Apart from the aforesaid Bhima Koregaon case, the draconian UAPA legislation was recently used once again to silence the democratic voices of the people of Chhattisgarh by arresting Human Rights Adivasi activist Hidme Markam on March 9 this year, at a program marking International Womens Day in Dantewada, Bastar. Hidme Markam has spent the last several years speaking out against the environmental destruction wrought by the government and large mining companies in Bastar. She has raised her voice against militarization and sexual violence against women in Bastar continuously perpetrated by the police and palamilitary.

The UAPA has been indiscriminately used to incarcerate dalits, adivasis and minorities in the country. Seveal arguments have been made and facts brought to light that clearly indicate why such a draconian legistaltion must be withdrawn. We the undersigned unions strongly and unequivocally support the demand to repeal the UAPA. We sincerely hope that Sudha Bharadwaj will be released from the four walls of prison and that she will be amongst us soon. We shall continue to campaign for the release for all those, who like her, have been arrested for fighting to uphold democratic values in this country, and further resolve to strengthen our campaign to demand the repeal of the UAPA.

Chhattisgarh Mukti Morcha (Mazdoor Karyakarta Samiti), Mahila Mukti Morcha, Nagari Nikay Janvadi Safai Kamgar Union, Pragatisheel Cement Shramik Sangh, Loktantrik Ispat evam Engineering Mazdoor Union, Jan Adharit Power Plant Workers Union, Jan Swasth Karamchari Union

Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail

Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail

The Leaflet / by Hamza Lakdawala

The denial of temporary bail to Anand Teltumbde, an accused in the Bhima Koregaon violence and conspiracy case, flies in the face of Indian constitutional jurisprudence and is violative of the basic tenets of human rights law, writes Hamza Lakdawala.
On December 1, the Special National Investigation Agency (NIA) Court in Mumbai rejected the plea of Anand Teltumbde, who was seeking temporary bail of 15 days to meet his mother and family after the recent death of his brother Milind Teltumbde in an alleged encounter with the security forces.
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Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other accused must also be questioned

Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other accused must also be questioned

Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other Bhima Koregaon accused must also be questioned

04/12/2021

The Indian Express / by Editorial

The Bhima Koregaon/Elgar Parishad case is the most prominent example of what has become the standard “process as punishment” in UAPA cases.
The Bombay High Court’s decision to grant default bail to lawyer-activist Sudha Bharadwaj is welcome, even if it comes after three long years of incarceration without trial. It must also turn the spotlight on the prolonged imprisonment — also without trial — of those accused under the UAPA in the Elgar Parishad case.
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Pique and petulance: On Sudha Bharadwaj’s bail and NIA’s appeal

04/12/2021

The Hindu / by Editorial

The NIA’s appeal against Sudha Bharadwaj’s bail order reveals its bull-headedness.
In filing a quick appeal against the grant of statutory bail to lawyer-activist Sudha Bharadwaj, the NIA has displayed nothing but pique and petulance over a well-reasoned order of the Bombay High Court. The bail order itself is a much-delayed relief, considering that the right to ‘default bail’ had accrued to her as early as January 2019, on completing 90 days in prison and when there was neither a charge sheet nor a lawful order extending the time limit for filing it from 90 to 180 days.
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Will the Sudha Bharadwaj Bail Order Affect the Bhima Koregaon Case as a Whole

04/12/2021

The Quint / by Vakasha Sachdev

The Bombay HC’s order may not affect the merits of the case, but the issues raised could have major consequences.
As soon as the Bombay High Court held on 1 December that Sudha Bharadwaj, the reputed activist and lawyer who is an accused in the Bhima Koregaon case, was entitled to be released on default bail, certain questions became inevitable.
First, how quickly would the NIA file an appeal against the judgment in the Supreme Court? (Answer: Very quickly, by the evening of 2 December)
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Failure to take cognisance of chargesheet does not entail default bail under UAPA: Bombay HC

04/12/2021

Sabrangindia / by Sanchita Kadam

A closer look at why the court granted bail to Sudha Bharadwaj, but denied it to her eight co-accused in the Bhima Koregaon case.
On December 1, the Bombay High Court granted bail to lawyer-activist Sudha Bharadwaj vide a detailed order and in the same order denied bail to other eight co-accused in the Bhima Koregaon case, purely on technicality. Since the grounds raised by Bharadwaj were different from those raised by the eight others, her contention was accepted and agreeable to the bench of Justices SS Shinde and NJ Jamadar.
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