Bombay High Court seeks NIA’s stance on request by Surendra Gadling to argue his bail plea in person
01/03/2023
Bar & Bench / by Neha Joshi
Through a letter, Gadling had told the Court that it would be difficult to brief his legal aid lawyer about the case since the chargesheet was voluminous and since prison meetings are permitted only for about 20 minutes.
The Bombay High Court on Wednesday sought the assistance of the National Investigation Agency (NIA) to decide whether the Court should allow Surendra Gadling, an accused in the Bhima Koregaon case, to appear in person before the High Court to argue his default bail application. Read more
To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates
01/03/2023
India Today / by Vidya
The HC bench has asked the advocate representing the NIA to discuss the issue with the investigating agency and revert.
The Bombay High Court on Wednesday deliberated for long whether advocate Surendra Gadling should be granted permission to appear in person before the court to make his submissions for default bail. Read more
Webinar: Human Rights Defenders in India – Examining the Elgar Parishad Case (March 2)
March 2, 2023
at 11:00 am EDT/10:00 am CST/8:00 am Pacific
The Declaration on human rights defenders was adopted by consensus by the General Assembly in 1998 after 14 years of negotiations. Despite the Declaration, human rights and environmental defenders all over the world continue to suffer significant harm as a result of their efforts to raise awareness on significant issues in their communities and within their states. This webinar will present the significant challenges that human rights defenders face in India, specifically focusing on the arrest of 16 activists, which included lawyers, sometimes referred to as the “BK 16.”
The panelists will discuss the events leading up to the criminal charges, the criminal charges, and the significant evidentiary issues that have already been discovered, and why these cases are critical in India at this time and how they could become critical for the rights of defenders everywhere around the world.
Admission to this webinar is free, but registration is required: Register here
The Supreme Court continues hearing bail pleas of activists Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon case. Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
Sr Adv Rebecca John appearing for Gonsalves takes Court through documents relied on by the prosecution.
…
Sr Adv R Basant for Ferreira: I am in the next matter. I shall not repeat what my friend said. I have been in custody for over 4 years. In custody since 28.8.2018.
…
Hearing to continue on Friday.
John: They are looking for the elusive ‘goli’.
Senior advocate Rebecca M. John, appearing for Gonsalves, argued that the documents relied on by the NIA as evidence fail to prove Gonsalves’ connection with the alleged offence.
On Tuesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, heard arguments on behalf of trade unionist, activist and academic Vernon Gonsalves for the grant of regular bail. Gonsalves, and activist and lawyer Arun Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas.
… The matter is posted for further hearing tomorrow, March 1. Read more
‘No Incriminating Material Found Against Me’: Bhima Koregaon Accused Vernon Gonsalves Tells Supreme Court Seeking Bail
28/02/2023
Live Law / by Awstika Das
To deny bail on the basis of the little evidence that the centre has against Bhima Koregaon-accused Vernon Gonsalves was a ‘stretch’, said senior advocate Rebecca John, appearing on behalf of the jailed activist. “There is no evidence,” said John, after taking the court through the documents on which the National Investigation Agency relied…
A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for offences under the Unlawful Activities (Prevention) Act, 1967. Read more
Gautam Navlakha Not Involved With Maoist Party, Rather Suspected By Them To Be A ‘Govt Agent’: Lawyer Tells Bombay High Court
28/02/2023
Live Law / by Sharmeen Hakim
The Communist Party of India (Maoist) suspected senior journalist Gautam Navlakha was a “government agent” who negatively impacted their movement, his counsel argued before the Bombay High Court on Monday.
He cited a document seized from co-accused researcher Rona Wilson’s laptop to demonstrate the CPI(M)’s contempt for Navlakha is diametrically opposite from the UAPA charges NIA has levelled against him of “deep involvement in the activities of the CPI(Maoist) party,” and of connections with the ISI and separatist movement of Kashmir. Read more
Gautam Navlakha seeks bail, cites delay in commencement of trial
28/02/2023
India Today / by Vidya
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court on Monday. Navlakha sought bail after citing a delay in the commencement of the trial.
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court, citing a delay by the prosecution in filing a reply on the discharge application argued months ago.
Highlighting the issue, Yug Mohit Chaudhari representing Navlakha, submitted that there was no prospect of a trial in the case to commence in the near future, adding Navlakhha’s discharge application was argued months ago, but the prosecution is yet to file its reply. Read more
Elgar Parishad case: Proof against Navlakha is his own articles, HC told
28/02/2023
Hindustan Times / by HT Correspondent
The bench was further informed that the applicant was criticised by the government as well as the Maoists for his critical articles were a sure sign of his independence.
The Bombay high court, while hearing the regular bail application of Elgar Parishad accused Gautam Navlakha, was informed that the incriminating evidence showing his connection with the banned CPI (Maoist) group was the articles which he had written as a journalist. Read more
No allegation of Gautam Navlakha committing any act of violence, lawyer tells HC
27/02/2023
National Herald / by pti
A division bench of Justices A S Gadkari and P D Naik is hearing the arguments on the bail plea, and the same will continue on Tuesday.
There is no allegation against Gautam Navlakha of committing any “act of violence” in the voluminous chargesheet filed in the Elgar Parisha-Maoist links case, the activist’s lawyer told the Bombay High Court on Monday.
While arguing for the activist’s bail, the lawyer also said that there was no prospect of the trial in the case to commence in the near future. Read more
[Bhima Koregaon – Elgar Parishad Case]
Bombay High Court is hearing senior journalist Gautam Navlakha’s plea for regular bail. He is currently under house arrest.
Hearing before the bench of Justices AS Gadkari and PD Naik.
Adv Yug Mohit Chaudhary for Navlakha.
Chaurdhry – There are four compilations. In the bail application I have included everything that’s in the charge sheet that I could file against the applicant.
HC – There are three orders of the HC, which one correctly mentions the basic facts?
Chaudhry – I will get back.
Chaudhry – The applicant is 74 yrs. Accused No. 11. He surrendered on 14.4.2020 to NIA in Delhi after his ABA was rejected.
He has been in custody for three years and he is presently under house arrest pursuant to SC’s orders.
Chaudhry – He has been chargesheeted under sections 153A, 120B…
Chaudhry continues correcting the sections from the record.
HC – Where are the actual charges?
Chaudhry – Charges have not been framed. But let us take every word in the chargesheet.
Chaudhry – The four grounds are…
1. THERE is not a single allegation of committing ANY act of violence. Since there is no association of violence in the allegations, then no offence punishable under chapter 4 of UAPA made out.
Chaudhry – The basic ingredient for invocation of chapter 4 of UAPA is a commission, association, abetment or conspiracy to commit a terrorist act. That is not even alleged in this case.
Chaudhry – Therefore nothing involving life imprisonment is even attracted .. at the highest only section 38 & 39 of UAPA may be attracted if the chargesheet is taken as it is. Section 20 of UAPA is not attracted at all.
Chaudhry – There is no description of a terrorist act in this 54 volume chargesheet. There has to be something. It cannot be just imagination.
Chaudhry – Their answer always is he possesses the Maoist Constitution. Can that be a terrorist act? I have written articles critical of Maoist violence. I am a writer and a scholar.
In India, the cries for justice, are becoming louder and longer! They come from different segments of society and particularly from those who continue to be exploited and excluded!
… Human Rights defenders cry for justice! Thanks to those who have had the courage to stick their necks out for the poor, exploited and other vulnerable sections of society – that reality is still on the canvass! Many human rights defenders are still paying the price for their courageous and selfless deeds. The likes of Vernon Gonsalves, Arun Ferreira and others are still languishing in jail, in the Bhima- Koregaon conspiracy case. Read more
The ugly face of justice: Anand Teltumbde reviews Abdul Wahid Shaikh’s ‘Innocent Prisoners’
The book exposes a sinister modus operandi of the police of charging innocent Muslims for terror acts, which is structurally made easier in India. “The struggle of man against power is the struggle of memory against forgetting.”
– Milan Kundera, ‘The Book of Laughter and Forgetting’.
What if the state that is supposed to have been created by the people, the real sovereign as the constitution proclaims, turns into a monster that devours them? What if the police, vested with the responsibility of protecting people with law and order, turns into an organised gang of criminals supported by the state, conspire against innocent people, arrest them, torture them, and kill them with impunity? Read more
Supreme Court Adjourns Bail Applications Of Vernon Gonsalves & Arun Ferreira To Feb 28
by Bar & Bench (Feb 21, 2023)
++ #SupremeCourt to shortly hear bail pleas by Bhima Koregaon accused Vernon Gonsalves and Arun Ferreira who are facing charges under the Unlawful Activities (Prevention) Act, 1967 for alleged Maoist links. ++
++ Pass-over granted, at the behest of the Additional Solicitor-General. To be taken up later today. ++
++ Bench about to rise for lunch.
Senior Advocate Rebecca John: We have informed the other side, I have some difficulty after lunch. Can it be listed next Tuesday?
Bench: Alright, next Tuesday. Feb 28. ++
Supreme Court Adjourns Bail Applications Of Vernon Gonsalves & Arun Ferreira To Feb 21
13/02/2023
Live Law / by Awstika Das
The Supreme Court on Monday adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 after their arrest over alleged Naxal links in Bhima Koregaon case. The accused are facing charges under the Unlawful Activities (Prevention) Act, 1967.
A division bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia stated in the order: “Accommodation has been sought on behalf of the solicitor-general. List the matter as the first item on Tuesday, February 21.” Read more
The Supreme Court to shortly hear bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case.
Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
Justice Bose: Mr SG, Your junior is saying it will take some time. Should we keep it tomorrow?
SG: Could it be next week?
Justice Bose: That is too long a time.
Sr Adv Rebecca John: Can it be today? SG: That is difficult.
SC: First item Thursday after the fresh matters.
Justice Dhulia: We are told (by court staff) that we cannot have it on Thursday.
John: I have waited so long. I can wait till Tuesday.
Order: List on next Tuesday.
NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case
21/02/2023
India Today / by Vidya
The National Investigation Agency (NIA) has opposed the bail plea of Elgar Parishad accused Gautam Navlakha, claiming that he was an active member of banned terror outfit CPI (Maoist) and had links with a Pakistani secret agent.
The NIA said that Gautam Navlakha sought clemency for an ISI (Inter-Services Intelligence) agent, who was arrested in the US, in an American court…
The bench of Justices AS Gadkari and PD Naik will be hearing Navlakha’s petition on February 27. Read more
Gautam Navlakha was introduced to Pakistan ISI General for recruitment, NIA tells Bombay High Court
21/02/2023
Bar & Bench / by Neha Joshi
The agency claimed that Navlakha was working in urban areas to unite intellectuals against government forces to defeat them “both physically and otherwise.”
Activist Gautam Navlakha was introduced to a Pakistan Inter-Services Intelligence (ISI) General for his recruitment, which shows his nexus to the organisation, the National Investigation Agency (NIA) told the Bombay High Court on Tuesday. Read more
Neo-fascist regime working towards ‘destruction of thought’
The government is reportedly planning a crackdown against “Maoist intellectuals operating front organisations in the cities in the guise of NGOs and civil rights organisations”, months after Prime Minister Narendra Modi called for the eradication of “Naxalism”, whether “the ones with guns or the ones with pens”.
But who are these so-called “Urban Naxals” and why does the government consider them so dangerous? Social scientist PRABHAT PATNAIK explains in this interview with SUBHORANJAN DASGUPTA, professor of human sciences. Read more
