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The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed?

12/08/2021 Asha

The Guardian / by Siddhartha Deb

In 2018, Indian police claimed to have uncovered a shocking plan to bring down the government. But there is mounting evidence that the initial conspiracy was a fiction – and the accused are victims of an elaborate plot
In April 2018, a large group of policemen arrived at the Delhi flat of Rona Wilson, a 47-year-old human rights activist. They had travelled from Pune in the western state of Maharashtra, and appeared, accompanied by Delhi police officials, at Wilson’s single-room flat at 6am. For the next eight hours, they scoured the modest premises, searching the files on Wilson’s laptop and rifling through his books.
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Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

12/08/2021 Asha

By Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders

On 11 June 2021, I wrote a letter jointly with two other UN experts on the alleged inhumane prison conditions and deteriorating condition of 15 human rights defenders, as well as Varavara Rao who was granted medical bail.
Of pressing concern was the inhumane prison conditions and deteriorating health of the human rights defenders. The death of Fr. Stan Swamy shortly after this communication was written demonstrate the severity of the conditions in which the human rights defenders are being held. It is haunting to now read how Fr. Swamy’s requests to be transferred to hospital to receive treatment were initially denied repeatedly.
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Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

12/08/2021 Asha

Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

12/08/2021

Live Law / by Sharmeen Hakim

Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application.
Bhima Koregaon accused – Advocate Surendra Gadling – has been granted temporary bail in a 2016 case under the Unlawful Activities (Prevention) Act, paving the way for his release from Taloja Prison tomorrow to perform his mother’s funeral rites. Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application yesterday on the grounds that it was not maintainable.
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Bombay High Court refuses bail to Surendra Gadling in 2016 case

12/08/2021

Bar & Bench / by Neha Joshi

The Nagpur Bench of Bombay High Court refused bail to Gadling in a case registered by the Gadchiroli police in 2016 under UAPA.
The Nagpur Bench of Bombay High Court refused bail to lawyer and activist Surendra Gadling in a case registered by the Gadchiroli police in 2016 under offences of the Unlawful Activities (Prevention) Act and the Indian Penal Code (Surendra Gadling v. State of Maharashtra)
Gadling is also an accused in the Bhima Koregaon case of 2018 which is being investigated by the National Investigation Agency (NIA).
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Joint Statement: Freedom for Varavara Rao

11/08/2021 Asha

By PEN International

As PEN Centres we wish to highlight the case of renowned Indian poet, Varavara Rao, to all those who care about the defense of freedom of expression for writers. We call for all charges to be dropped against Rao, and hope that you will join our campaign to ensure his freedom.
Varavara Rao is an 82-year-old poet and activist who was arrested in 2018 along with several other activists in India on charges of inciting violence under the Unlawful Activities Prevention Act (UAPA).
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NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021 Rani

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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Video: Justice for Mahesh Raut / New website launched: Justice for Mahesh

08/08/2021 Asha

hindi │ 1h 17min │2021

Video: Justice for Mahesh Raut

08/08/2021

By family and friends of Mahesh

Our friend Mahesh, is spending his fourth year in jail. Without trial! Who is Mahesh though? Why is his story important? And why is he a threat to the powers that are?
Join us for an evening where we will discuss all this and more. Friends, family, colleagues and journalists will talk about Mahesh and why he is still in jail.
We will also be launching a website which documents much of Mahesh’s story through this event.
We miss our friend and we really hope we will see #JusticeForMahesh very soon!
Watch video
Twitter: @justice4mahesh

New website launched: Justice for Mahesh

Visit Justice for Mahesh website

The Unlawful Activities (Prevention) Act is a blot on the nation

06/08/2021 Asha

The Telegraph / by Prabhat Patnaik

The Unlawful Activities (Prevention) Act is a blot on the nation. In no nation reputed to be civilized is there a law that allows the State to pick up literally anybody and keep the person in jail for years, without trial and without bail; and, if, at the end of the trial, whenever it occurs, the person is found innocent, then there is no question of the State being obliged to pay any compensation for the lost years in the person’s life. But this is exactly what the UAPA does.
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PUDR report: Framed to Die – The Case of Stan Swamy

06/08/2021 Asha

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

06/08/2021 Asha

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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Koregaon Bhima Commission: Examination Of Ex-Cop Who Probed FIR Against Hindutva Leaders Begins

06/08/2021 Asha

Hindutva Watch / by Chandan Haygunde

The Koregaon Bhima Commission of Inquiry on Thursday started examination of a retired police officer Ganesh More, who had investigated the case against Hindutva leaders Milind Ekbote and Sambhaji Bhide.
More was attached to the Pune rural police as a sub-divisional officer (Daund) during the Koregaon Bhima violence on January 1 in which one person was killed and several others were injured. He retired in December 2018. He deposed as a witness on Thursday before the commission probing into the causes of the violence.
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Also read
■ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)
■ Casting a Veil – What we miss by ignoring Maratha caste politics in the Bhima Koregaon case (The Caravan, Dec 2020)