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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.
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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.

Gautam Navlakha’s Release Further Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

14/11/2022 Asha

Gautam Navlakha’s Release Delayed Due to ‘Safety Concerns’ About Premises for House Arrest

16/11/2022

The Wire / by pti

Actor Suhasini Mulay appeared in the court on Wednesday and said she was standing as surety for the activist.
The release of activist Gautam Navlakha, an accused in the Elgar Parishad-Maoists links case, was delayed yet again on Wednesday as the National Investigation Agency (NIA) raised safety concerns about the premises in Navi Mumbai where he had proposed to live during his house arrest.
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Supreme Court Waives Requirement Of Solvency Certificate For Gautam Navlakha To Avail House Arrest [read order]

16/11/2022

Live Law / by Livelaw News Network

The Supreme Court on Tuesday waived the condition that activist Gautam Navlakha, who is lodged in Mumbai prison in the Bhima Koregaon case, should obtain a solvency certificate for availing the benefit of house arrest.
Last week, the Court had allowed Navlakha’s request to be placed under house arrest in consideration of his medical condition. However, the Court had imposed several conditions, including the requirement to furnish surety of Rs 2 lakhs.
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SC alters conditions to facilitate house arrest

16/11/2022

Hindustan Times / by Abraham Thomas

The Supreme Court on Tuesday waived the requirement of a solvency certificate in a case involving activist Gautam Navlakha who was allowed to be placed under house arrest
The Supreme Court on Tuesday waived the requirement of a solvency certificate in a case involving activist Gautam Navlakha, who received relief from the top court and was allowed to be placed under house arrest but whose release from jail was delayed over the certificate and other documents.
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Civil rights activist Gautam Navlakha’s payment for house arrest expenses rejected by CP, Navi Mumbai

15/11/2022

Free Press Journal / by Staff Reporter

A special court was informed about the rejection by Navlakha’s lawyer on Monday. Navlakha’s plea for house arrest was permitted by the Supreme Court last Thursday.
In what could mean a delay for civil rights activist Gautam Navlakha’s release from prison and into house arrest, the Commissioner of Police, Navi Mumbai has rejected a demand draft payment of Rs 2,40,000 made for police deployment expenses during house arrest.
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4 days after SC order, activist Navlakha yet to be placed under house arrest

14/11/2022

Midday.com / by pti

However, till Monday evening he was still in prison as formalities for his release could not be completed.
Jailed human rights activist Gautam Navlakha, who was last week allowed to be placed under house arrest for a month by the Supreme Court owing to his medical condition, is yet to walk out of Navi Mumbai’s Taloja prison, where he is lodged in connection with the Elgar Parishad-Maoist links case, as formalities for his release are still under process.
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Also read:
● Supreme Court allows Gautam Navlakha’s plea seeking house arrest (The Leaflet / Nov 10, 2022)

Bhima Koregaon – Before the Law

14/11/2022 Asha

Monthly Review / by Saroj Giri

In “Before the Law,” Franz Kafka portrays a countryman who can only be forever “before the law,” but never entering. “It is possible” to gain entry, says the doorkeeper, “but not at the moment.” The man gets old and is about to die—and only now does he understand that the gate was meant for him! “No one else could ever be admitted here, since this gate was made only for you. I am now going to shut it.“
… Bhima Koregaon is, in terms of its empirics, so loaded with historical memory and the legacy of caste oppression that the so-called progressive left would rather take cover in the past-erasing, rarefied realms of the futuristic non-world of the constitution and the rights and innate liberties it supposedly guarantees to all citizens. Before the law, any day!
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Also read/watch:
● The Bhima Koregaon Arrests and the Resistance in India (Monthly Review / April 2022)
● Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati, by Sudhir Dhawale │ March 2018)

● Documentary: The battle of Bhima Koregaon – an unending journey

multiple Indian languages / en subtitles │ 50 min │ 2017

By pedestrian pictures

Direction and Camera – Somnath Waghmare
Editor – Deepu (Pradeep K P)

About the film
History speaks about great wars fought, brave warriors and clever kings and emperors. What history doesn’t do is justice to the wars, warriors and leaders of the oppressed. This documentary is about the 500 Mahar soldiers who offered to fight alongside their countrymen, against the colonisers. Rejected by the ruling class they joined forces with the colonisers and fought in the ‘Bhima Koregaon Battle’, defeating the Brahminical rule of the Peshwas. Just as history did, so do the media and ruling class today conveniently forget to acknowledge them. On the 1st of January, every year, 20 lakh (2 million) people gather at Bhima-Koregaon, Pune, Maharashtra to commemorate that battle. No national or local media covers the largest annual gathering in the region. The documentary captures the history of Bhima Koregaon and its relevance to contemporary Dalit issues and politics in the country. It tells the history of the Bahujans through the coverage of the events of this gathering.
Watch video

The Uses (and Abuses) of Investigative Agencies

12/11/2022 Asha

The Wire / by Ajay K. Mehra

A critical look at the three central agencies show how and why they were conceived and how they are being used today.
It has been over a decade since Supreme Court Justice R.M. Lodha described the Central Bureau of Investigation as a “caged parrot” that speaks in “its master’s voice” in 2013, highlighting disconcerting trends of the misuse of federal probe agencies.
…
National Investigation Agency
The NIA’s political overreach was seen for the first time in June, 2020, when the Union Ministry of Home Affairs transferred the Bhima Koregaon-Elgar Parishad case to it from the Maharashtra Police, which was conducting the investigation of the case from the inception. Human rights activists campaigning against the BJP’s Hindutva agenda congregated on December 31, 2017.
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● PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR

Study of UAPA Abuse in India, 2009 – 2022
Published: Sep 28, 2022
41 pages
PUCL’s study on the use and abuse of UAPA covering the period between 2009 and 2022, with special emphasis on the NIA.
Download report

● Struggling to find evidence in Bhima Koregaon case, NIA is now resorting to outright bullying (Scroll.in / Sep 2020)
● Dubious decision: On NIA takeover of Bhima Koregaon case (The Hindu / Jan 2020)
● Bhima-Koregaon case transferred to NIA to compromise independent probe: Front Line Defenders (Sabrangindia / Jan 2020)

Bombay High Court reserves order in bail plea filed by Anand Teltumbde

11/11/2022 Asha

Times of India / by Swati Deshpande

Bombay high court bench of Justices Ajay Gadkari and M N Jadhav on Friday reserved for orders a bail application filed by Anand Teltumbde, 73, former management professor accused of alleged Maoist links and under the stringent anti-terror law—UAPA-, in the 2018 Elgar Parishad case from Pune.
Teltumbde’s plea on merits filed last year argues that he was never present at the December 31, 2017 Elgar Parishad event nor made any provocative speeches.
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As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

11/11/2022 Asha

Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

11/11/2022

Scroll.in / by Umang Poddar

When allowing him to leave Taloja jail for house detention, the Supreme Court on Thursday listed stringent conditions he would have to follow.
On Thursday, the Supreme Court allowed human rights activist Gautam Navlakha, who has been in Taloja jail since April 2020 in the Bhima Koregaon case, to be placed under house arrest for a month. The activist, who is 70 years old, said that he was suffering from various health ailments and had asked to be shifted out of jail.
While ordering house arrests, courts have the power to impose conditions as they deem fit, so that the trial is not hampered. In a 2021 case, the Supreme Court ruled that house arrests can also be used as a form of detention.
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Elgar Parishad-Bhima Koregaon accused struggle to find house in city

11/11/2022

Hindustan Times / by Charul Shah and Gautam S Mengle

Getting a house in and around the city has been a challenge – both due to financial reasons as well as the fact that they were arrested by the National Investigation Agency (NIA) and charged under sections of the UAPA for alleged Naxalite links
The Supreme Court on Thursday allowed Elgar Parishad – Bhima Koregaon violence case accused Gautam Navlakha for a month’s house arrest on account of his old age and ill health.
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