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Supreme Court upholds Bombay High Court bail to Anand Teltumbde

25/11/2022 Asha

Poster by Siddesh Gautam / #bakeryprasad

Supreme Court upholds Bombay High Court bail to Anand Teltumbde; dismisses appeal by NIA

25/11/2022

Bar & Bench / by Debayan Roy

A bench of Chief Justice of India DY Chandrachud (CJI) and Justice Hima Kohli said that it will not interfere with the High Court order.
The Supreme Court on Friday dismissed an appeal filed by the National Investigation Agency against the Bombay High Court order granting bail to Dalit rights activist Anand Teltumbde in the case relating to his alleged role in the Bhima Koregaon violence of 2018 [NIA vs Anand Teltumbde].
A bench of Chief Justice of India DY Chandrachud (CJI) and Justice Hima Kohli said that it will not interfere with the High Court order.
“We will not interfere. Dismissed,” the Court said.
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Supreme Court Dismisses NIA’s Plea Against Bail Granted To Anand Teltumbde In Bhima Koregaon Case

25/11/2022

Live Law / by Livelaw News Network

The Supreme Court on Friday dismissed the special leave petition filed by the National Investigation Agency challenging the Bombay High Court order granting bail to Professor Anand Teltumbde in the Bhima Koregaon case. A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli however added that the High Court’s observations will not be treated as conclusive final findings at the trials.
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Supreme Court dismisses NIA’s petition challenging bail granted to Dr. Anand Teltumbde

25/11/2022

The Leaflet / by Sarah Thanawala

Deciding not to interfere with the order of the Bombay High Court, the SC upheld Dr. Teltumbde’s bail
On Friday, a Supreme Court division bench comprising the Chief Justice of India (‘CJI’) Dr. D.Y. Chandrachud and Justice Hima Kohli dismissed a special leave petition filed by the National Investigation Agency (‘NIA’) challenging the order of the Bombay High court that granted bail to Dr. Anand Teltumbde, the 73-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act (‘UAPA’) for allegedly being a senior member of the banned organisation, the Communist Party of India (Maoist) (‘CPI (Maoist)’).
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Thread by Bar & Bench (Nov 25, 2022):

Supreme Court is hearing the appeal by National Investigation Agency (NIA) against the Bombay High Court’s order granting bail to activist Anand Teltumbde in the Elgar Parishad-Maoist links case

…

Supreme Court DISMISSES appeal by National Investigation Agency (NIA) against the Bombay High Court’s order granting bail to activist Anand Teltumbde in the Elgar Parishad-Maoist links case.

“We will not interfere”: CJI DY Chandrachud

Live Thread

Thread by Live Law (Nov 25, 2022):

#SupremeCourt to hear NIA’s plea against the Bombay High Court order granting bail to Professor Anand Teltumbde in the Bhima Koregaon case

…

Live Thread

Anand Teltumbde’s SC Bail Hearing Is A Bellwether Case For Govt’s Use of India’s Anti-Terror Law

23/11/2022 Asha

A Professor’s Supreme Court Bail Hearing Is A Bellwether Case For Govt’s Use of India’s Anti-Terror Law

23/11/2022

article 14 / by Chitrangada Choudhury

When the Supreme Court considers the case for bail to management professor and writer Anand Teltumbde this week, it will be one of a handful since 2018 to evaluate the merit of a government allegation of terrorism in a case against 15 academics, intellectuals and artistes. The hectoring of judges and attempts by government lawyers to stop bail, even though the trial has not begun after more than four years, appears to indicate how important the Bhima-Koregaon case is to the State’s model of arrest and incarceration without trial using the Unlawful Activities (Prevention) Act.
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Material does not inspire confidence that Teltumbde indulged in terrorist acts

23/11/2022

Citizens for Justice & Peace / by CJP Team

He has spent more than 2.5 years in prison under the stringent UAPA.
… CJP stands in solidarity with the human rights defenders targeted by a vindictive state. A healthy democracy needs voices of dissent. We also need human rights defenders and social activists to work tirelessly to uphold our shared values of equality, peace and justice.
The Case
The case against Teltumbde is that he was the convener of Elgar Parishad conference held on December 31, 2017 which led to clashes in Bhima Koregaon resulting in one person’s death. When the police probed further and the NIA took over the case, it was alleged that there was a conspiracy to assassinate the Prime Minister. The NIA also alleges that Teltumbde is an active member of CPI (Maoists) and also linked him to his late brother, Milind, who was the Secretary of the (Maharashtra-Madhya Pradesh-Chhattisgarh) unit of the banned CPI(M).
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Also read:
● The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)

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Supreme Court to Hear on Friday NIA Appeal Against Bail to Anand Teltumbde

22/11/2022 Asha

Poster by @/bakeryprasad

SC to Hear on Friday NIA Appeal Against Bail to Anand Teltumbde

22/11/2022

The Wire / by The Wire Staff

The Bombay high court on November 18 granted bail to Teltumbde noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it.
After the National Investigation Agency (NIA) on Tuesday moved the Supreme Court against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad case, the top court agreed to hear the matter on Friday.
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NIA Moves Supreme Court Against Bombay High Court Bail to Anand Teltumbde

22/11/2022

Bar & Bench / by Debayan Roy

Solicitor General of India Tushar Mehta mentioned the matter on Tuesday before a bench led by Chief Justice of India (CJI) DY Chandrachud who agreed to hear the case on November 25.
The National Investigation Agency (NIA) has moved the Supreme Court challenging an order of the Bombay High Court granting bail to Dalit rights activist Anand Teltumbde in the case relating to his alleged role in the Bhima Koregaon violence of 2018.
Solicitor General of India Tushar Mehta mentioned the matter on Tuesday before a bench led by Chief Justice of India (CJI) DY Chandrachud who agreed to hear the case on Friday this week.
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NIA Moves Supreme Court Against Bail Granted To Anand Teltubmde In Bhima Koregaon Case; Matter Listed On Nov 25

22/11/2022

Live Law / by Livelaw News Network

The National Investigation Agency has approached the Supreme Court against the Bombay High Court order granting bail to Professor Anand Teltumbde in the Bhima Koregaon case.
Solicitor General of India Tushar Mehta mentioned the matter before Chief Justice of India DY Chandrachud for urgent listing on Thursday. While granting bail on November 18, the High Court had suspended the order for one week.
Read more

Also read:
● Bombay HC grants bail to Dr. Anand Teltumbde (The Leaflet / Nov 18, 2022)

Activist Gautam Navlakha released from jail, put under house arrest

19/11/2022 Asha

CPI(M) library, Agroli village: Gautam Navlakha’s new address during house arrest stay

20/11/2022

The Telegraph / by pti

This is for the first time that I saw so many police personnel and media persons in here, says villager.
A nondescript library in a village in Navi Mumbai, a satellite city of Mumbai, is suddenly buzzing with activity as police personnel stand guard amid mounted surveillance, but villagers, unaware about who Gautam Navlakha is, discuss in hushed tone about the “powerful” occupant of the ground-plus-one-storey structure.
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Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest

20/11/2022

The Wire / by The Wire Staff

Activist Gautam Navlakha walked out of prison on Saturday evening, November 19, and was taken to a building in Navi Mumbai where he will be living under house arrest.
His release from Taloja prison after more than two years came nine days after the Supreme Court earlier this month granted his plea seeking house arrest on medical grounds.
Navlakha walked out of prison around 6 pm on Saturday. A police team took him to a building in Belapur-Agroli area of Navi Mumbai where he would be staying.
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Gautam Navlakha released from jail, put under house arrest

19/11/2022

Scroll.in / by Scroll Staff

The Supreme Court has allowed the activist accused in the Bhima Koregaon case to be shifted from jail on grounds of ill health and poor facilities in prison.
Activist Gautam Navlakha was on Saturday evening released from Taloja Jail in Navi Mumbai, where he had been lodged for more than two years, PTI reported.
After being released around 6 pm, he was taken to a premises in Belapur-Agroli area of Navi Mumbai, where he will be kept under house arrest, an unidentified police official told the news agency.
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Activist Gautam Navlakha released from jail, to be placed under house arrest

19/11/2022

The Indian Express / by Express Web Desk

More than a week after the Supreme Court’s order, Bhima Koregaon case accused Gautam Navlakha was Saturday released from Taloja Central Prison. He will now be placed under house arrest at a community hall in Navi Mumbai owned by the Communist Party of India (Marxist).
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Granted Bail on ‘Merits’, Bombay HC Order on Anand Teltumbde Is Significant

19/11/2022 Asha

The Wire / by Sukanya Shantha

While Sudha Bharadwaj secured a ‘default bail’, Varavara Rao is out on medical bail. The order in Teltumbde’s case is significant, because for the first time in the case, a court has dealt with the merits of the allegations levelled.
Observing that there is “no proof or any material” to show that 73-year-old civil liberties activist and academic Anand Teltumbde had made international visits sponsored by the banned CPI (Maoist) organisation, the Bombay high court on Friday, November 18, granted him bail.
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SC Refuses To Recall Order Allowing House Arrest Of Gautam Navlakha

18/11/2022 Asha

Supreme Court dismisses NIA’s application for vacating its order granting house arrest to Gautam Navlakha

19/11/2022

The Leaflet / by Sarah Thanawala

The court reaffirmed its order placing Navlakha in house custody, with additional security measures, within 24 hours of the pronouncement of the order.
On Friday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, dismissed the National Investigation Agency’s (‘NIA’) application to vacate the order of the bench, passed on November 10, which allowed Gautam Navlakha to be placed in house arrest for a period of one month under certain restrictions.
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SC Refuses To Recall Order Allowing House Arrest Of Gautam Navlakha, Directs NIA To Execute It In 24 Hours

18/11/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Friday dismissed the application filed by the National Investigation Agency seeking to vacate the order allowing the shifting of activist Gautam Navlakha to house arrest from the Taloja prison in Mumbai where he is lodged in connection with the Bhima Koregaon case.
A bench comprising Justices KM Joseph and Hrishikesh Roy also engrafted certain additional conditions for the house arrest of the septuagenarian, such as the sealing of the kitchen door leading to the exit point and the locking of the grills of the hall.
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by Bar & Bench (Nov 18):
Gautam Navlakha hearing
Solicitor General (SG): The public library belongs to Communist Party
Justice KM Joseph: It is a recognised party. What is the issue?
SG: If it does not shock you, what can I say.
SC: No it does not shock us.

SC rejects plea by NIA against shifting Gautam Navlakha from jail to house arrest; directs compliance in 24 hours

18/11/2022

Bar & Bench / by Debayan Roy

However, the bench comprising Justices KM Joseph and Hrishikesh Roy mandated some additional safeguards to ensure that the house arrest is not misused.
The Supreme Court on Friday rejected a plea by the National Investigation Agency (NIA) against an earlier order of the Court directing Bhima Koregaon accused Gautam Navlakha to be placed under house arrest instead of keeping him in jail [Gautam Navlakha v NIA].
The bench comprising Justices KM Joseph and Hrishikesh Roy directed that the order be complied within 24 hours.
However, the Court mandated some additional safeguards to ensure that the house arrest is not misused.
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Bombay High Court Grants Bail To Anand Teltumbde

18/11/2022 Asha

Bombay High Court Grants Bail To Bhima Koregaon Accused Anand Teltumbde

18/11/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday granted bail to former IIT professor and Dalit scholar Prof. Anand Teltumbde, booked under the Unlawful Activities (Prevention) Act in the Bhima Koregaon-Elgar Parishad case.
The court observed that prima facie offences under sections 13 (Punishment for unlawful activities), 16 (punishment for for terrorist act) and 18 (punishment for conspiracy) of the UAPA were not made out and only section 38 and 39 (membership and support to a terrorist were made out.
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Bombay High Court Grants Bail to Anand Teltumbde in Elgar Parishad Case

18/11/2022

The Wire / by The Wire Staff

The court has stayed the order for one week to allow the NIA to approach the Supreme Court and appeal the decision.
The Bombay high court on Friday (November 18) granted bail to scholar Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case. Seventy-three-year-old Teltumbde has been in Mumbai’s Taloja Central Prison since his arrest on April 14, 2020.
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Bombay High Court grants bail to Anand Teltumbde

18/11/2022

Bar & Bench / by Neha Joshi

A bench of Justices AS Gadkari and Milind Jadhav pronounced the verdict today after extensively hearing the application.
The Bombay High Court on Friday granted bail to Dalit rights activist and scholar Anand Teltumbde presently detained in Taloja Central Prison since 2020 for his alleged role in the Bhima Koregaon violence of 2018.
A bench of Justices AS Gadkari and Milind Jadhav pronounced the verdict today after extensively hearing the application and reserving its order last week.
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Bombay HC grants bail to Dr. Anand Teltumbde

18/11/2022

The Leaflet / by Sarah Thanawala

The operation of the bail order is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Friday, a division bench of the Bombay High Court comprising Justices A.S. Gadkari and Milind N. Jadhav granted bail to Dr. Anand Teltumbde, the 71-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act for allegedly being a senior member of the banned organisation, the Communist Party of India (Maoist) (‘CPI (Maoist)’). He is currently lodged at Taloja Central Jail, Navi Mumbai and is awaiting trial.
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Also read:
● Dr. Anand Teltumbde’s bail plea highlights flaws in the prosecution story (The Leaflet / Nov 16, 2022)

Supreme Court To Hear Pleas Of Gautam Navlakha & NIA In Relation To House Arrest Tomorrow

17/11/2022 Asha

Thread by Bar & Bench (Nov 18, 2022)
#SupremeCourt to shortly hear separate applications moved by #BhimaKoregaon accused Gautam Navlakha, in which he alleged delay to implement SC’s order granting him #housearrest, and the NIA’s plea to cancel his house arrest due to bias in medical records among other grounds.

Supreme Court To Hear Pleas Of Gautam Navlakha & NIA In Relation To House Arrest Tomorrow

17/11/2022

Live Law / by Sohini Chowdhury

On Thursday, the Bench led by CJI, Justice D.Y. Chandrachud directed two applications, one filed by activist Gautam Navalakha and another to be filed during the course of the day by the National Investigation Agency, to be listed tomorrow before the Bench led by Justice K.M. Joseph
Last week, the Court had allowed Navlakha’s request to be placed under house arrest in consideration of his medical condition. However, the Special NIA Court at Mumbai yesterday refused to pass orders to execute the house arrest of Navlakha , after the NIA objected to the location of the house chosen by Navlakha.
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Supreme Court to hear plea of Gautam Navlakha, probe agency on Friday

17/11/2022

The Telegraph / by Web Desk

The bench took note of submissions of a senior lawyer, appearing for the activist, that the apex court’s direction to keep him in house arrest has not been complied with so far.
The Supreme Court agreed to list for hearing on Friday a fresh plea of activist Gautam Navlakha, who has not been shifted to house arrest despite the apex court’s direction in the Elgar Parishad-Maoist link case.
Read more

Also read:
● Supreme Court allows Gautam Navlakha’s plea seeking house arrest (The Leaflet / Nov 10, 2022)

Dr. Anand Teltumbde’s bail plea highlights flaws in the prosecution story

16/11/2022 Asha

The Leaflet / by Sarah Thanawala

Contradictions in the prosecution’s story and witness statements, and unsubstantiated allegations of Dr. Teltumbde’s involvement with the CPI (Maoist) and the planning of Elgar Parishad are brought out in his appeal before the Bombay High Court challenging his rejection of bail.
IN his appeal petition for bail before the Bombay High Court, Dr. Anand Teltumbde, the 71-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act (‘UAPA’) for allegedly being a senior member of the banned organization, the Communist Party of India (Maoist) (‘CPI (Maoist’), has highlighted the contradictions in the story of the prosecution.
… On November 11, a division bench of the Bombay High Court comprising Justices A.S. Gadkari and Milind N. Jadhav concluded hearing arguments pertaining to Dr. Teltumbde’s appeal challenging his rejection of bail by the NIA special court in July last year. The division bench has reserved the matter for orders.
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Prisoners of conscience / Court directs top cop to look into the mosquito menace in Taloja prison

16/11/2022 Asha

Prisoners of conscience

16/11/22

Deccan Herald / by Jyoti Punwani

Is it just their relentless opposition to State policies that gets the NIA’s goat, or is it also their privileged background?
Stone walls do not a prison make, nor iron bars a cage. Sometimes they do, even for the most creative minds.
Take Maharashtra’s Taloja Jail, on the outskirts of Mumbai. For the last almost three years, it’s been home to some of the country’s most valuable public intellectuals, and also the site of their steady deterioration. The Bhima Koregaon trial is yet to begin, but the 16 accused have already been punished, by the NIA that’s handling their case and the jail authorities.
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Court directs top cop to look into the mosquito menace in Taloja prison

16/11/22

Free Press Journal / by Staff Reporter

In his plea made on Tuesday, he said that there is no reply from the jail’s superintendent despite the court’s direction to the authority to file one.
Following an application by civil rights activist and accused in Bhima-Koregaon case, Anand Teltumbde, on Tuesday, a special court has directed the Deputy Inspector General of police (DIG, Prisons) to look into the mosquito menace in Taloja prison as the jail superintendent has not complied with previous orders to take precautions to control the situation despite repeated directions.
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Also read:
● Two more accused move court seeking mosquito nets (Hindustan Times / Sep 2022)
● Gautam Navlakha approaches court again seeking mosquito net (Scroll.in / Sep 2022)
● Bhima Koregaon accused calls off hunger strike (The Hindu / May 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)
● by PantherAjay (May 27, 2022):
Jailed Shahir Sagar Gorkhe is not the only under trail prisoner who has been continually harassed and whose ‘Machchhardani’ stolen by the insolent jail administration. This is an attempt to condemn the unlawful treatment meted against the under trial prisoners and to safeguard their rights. Following is the account of a similar incident that was faced by another imprisoned writer and poet Ramesh Gaichor translated from the original written in Marathi.