Posts – Page 83 – free them all

Day to day hearing of discharge applications in Bhima Koregaon – Elgar Parishad case begins

27/09/2022 Asha

Day to day hearing of discharge applications in Elgar Parishad case begins

28/09/2022

India Today / by Vidya

A special National Investigation Agency court in Mumbai began a day-to-day hearing of four discharge applications filed by the Elgar Parishad.
Highlights
▪ Mumbai’s special National Investigation Agency court began a day-to-day hearing in Elgar Parishad case
▪ The court to hear four discharge applications filed by the accused
▪ Three more discharge applications were filed on Tuesday
… Procedurally, courts hear the discharge applications, and if it finds no material against the accused in the charge sheet filed by the investigators, it discharges the accused.
However, if the court finds substantial evidence, the discharge plea gets rejected, and a full-fledged trial ensues.
Read more

Bhima Koregaon case trial process begins over four years after case was registered

28/09/2022

Scroll.in / by Scroll Staff

An NIA court started hearing a discharge plea filed by Sudhir Dhawale, one of the accused persons.
A Mumbai court on Tuesday started hearing the first of the seven discharge applications filed by accused persons in the Bhima Koregaon case, Bar and Bench reported. The hearing marks the beginning of the trial process in the case four years after it was filed in 2018.
The development came after the Supreme Court, on August 19, ordered a National Investigation Agency court to decide on framing charges against the accused persons within three months.
Read more

Mumbai Court begins hearing discharge applications of accused

28/09/2022

Bar & Bench / by Neha Joshi

The Court also rejected an application filed by octogenarian P Varavara Rao seeking permission to live in Hyderabad for 3 months in order to conduct cataract surgery.
A Mumbai court on Tuesday began hearing the first of the seven discharge applications filed by the accused in the Bhima Koregaon case of 2018.
The hearing on discharge is the first step towards framing of charges, thus, kick-starting the trial in the case which has been pending in the pre-trial stage since 2018.
This development comes in compliance with the directions of the Supreme Court in August asking the special court to decide on framing of charges within 3 months.
Read more

Three more accused, including activist Navlakha, seek discharge in Elgar case

27/09/2022

The New Indian Express / by pti

While Navlakha and Babu are currently in jail under judicial custody, Bharadwaj is out on bail.
Activists Gautam Navlakha, Sudha Bharadwaj and Delhi University professor Hany Babu, all accused in the Elgar Parishad-Maoist links case, on Tuesday moved discharge applications before the special National Investigation Agency (NIA) court here …
Meanwhile, the court on Tuesday heard the arguments on the discharge plea of another accused, Sudhir Dhawale. The arguments will continue on Wednesday …
The discharge pleas of some other accused – Jyoti Jagtap, Anand Teltumbde and Mahesh Raut – were also pending before the court.
Read more

SC Seeks Responses On Gautam Navalkha’s Plea For House Arrest / Setalvad’s Personal Plea

27/09/2022 Asha

Live Law / by Rintu Mariam Biju

The Supreme Court of India on Tuesday sought the responses of the National Investigation Agency and State of Maharashtra in a petition moved by Gautam Navalkha seeking to be placed in house arrest instead of Taloja jail in connection with the Bhima Koregaon case.
A bench comprising Justices KM Joseph and Hrishikesh Roy, while considering the matter, asked the counsel appearing for the petitioner to brief them on the present plea.
… The matter will be next taken up on September 29
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A Home Behind Bars: Teesta Setalvad’s Personal Plea for ‘House Arrest’ for Political Prisoners

28/09/2022

The Wire / by Teesta Setalvad

The activist-writer, herself incarcerated for 63 days this June-September, makes a strong plea for the recognition of political prisoners and the option of house arrest – if at all, they deserve incarceration.
The prison, it is famously said, holds a mirror to society. The conditions within prisons, to stretch this analogy further, reflect the quality of any democracy. By that yardstick, India needs a hard and harsh soul-search. Not only has our collapsing criminal justice system ensured a mockery of reasonably speedy trials but tardy and often skewed (if not biased) investigations and prosecutions have ensured that undertrials languish unforgotten in our jails, for decades.
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NCHRO calls for solidarity to Lawyers and Human Rights Defenders who are arbitrarily detained

27/09/2022 Asha

By National Confederation of Human Rights Organizations (NCHRO)

27/09/2022

This letter elaborates our concerns about the unlawful detention of lawyers and other human rights defenders who were arrested on September 22nd, 2022 in an early morning raid along with over 100 others across the country by the National Investigation Agency (NIA), the principal counter-terrorist task force of India and Enforcement Directorate. The activists have been arbitrary detained under repressive laws including the Unlawful Activities (Prevention) Act (UAPA). Such detentions have become a regular practice of the present government…

The Bhima Koregaon case is just one emblematic example of the Indian authorities’ increasing use of anti-terror legislation, particularly the Unlawful Activities (Prevention) Act (UAPA) to punish those who ask questions about the illegitimate anti-minority and anti-poor stances.
Read full statement

The National Confederation of Human Rights Organisations (NCHRO) halts its work in the country

28/09/2022

By National Confederation of Human Rights Organizations (NCHRO)

The National Confederation of Human Rights Organisations (NCHRO) halted its work in the country as the news came that the Ministry of Home Affairs (MHA) had banned the organisation. This is a reprisal for the organization’s human rights work. The NCHRO is very proud of the vital human rights work carried out by the confederation.
As a result, we are suspending all our activities. Effective immediately, NCHRO halted all its programmes and we are not engaged and responsible for any posts on social media.
We will pursue legal remedies against this injustice.

Sincerely,
Prof A Marx

Draconian UAPA provisions challenged in the SC [read petition] / SC to hear plea on Oct 18

27/09/2022 Asha

Draconian UAPA provisions, constitutionality challenged in the SC [read petition]

28/09/2022

Sabrang India / by Tanya Arora

The most recent challenge to the UA(P)A is a petition filed that makes the case that vague language and arbitrary provisions violate allow governments to abuse powers and violate the fundamental rights of the citizens
The Unlawful Activities (Prevention) Act, 1967, is being challenged in court as having “manifestly arbitrary” provisions and a very broad definition of “unlawful activity” that has a stifling impact on free expression. The Supreme Court, that first took up the matter September 26, 2022 will hear the matter on October 18.
… The petition argues that the UAPA’s provisions are “arbitrary and perverse, since they represent a condemnation of all democratic expression,” and that governments are abusing them “to target any and all kinds of dissent.” The petition was filed through attorney Rahul Bhatia.
Read more

Supreme Court to hear plea challenging UAPA on October 18

27/09/2022

Scroll.in / by Scroll Staff

The petitioner has argued that the law is being misused by the government as a political tool to target all forms of dissent.
The Supreme Court on Monday said it will hear a petition challenging the constitutional validity of the Unlawful Activities (Prevention) Act on October 18, Live Law reported.
Under the stringent provisions of the Unlawful Activities (Prevention) Act, investigation agencies get 180 days to probe a case, as against 60-90 days under ordinary criminal law.
… Umar Khalid, Sharjeel Imam, Siddiqui Kappan and Stan Swamy are some of the activists who have been accused under the draconian law.
Read more

Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in case

26/09/2022 Asha

Allowing Varavara Rao to travel will delay framing of charges, says NIA court

27/09/2022

Scroll.in / by Scroll Staff

The 83-year-old activist had told the judge that he has cataracts in both eyes and the condition requires surgery.
Framing of charges in the Elgar Parishad case will get delayed if Varavara Rao is allowed to travel to Hyderabad for cataract surgery, a National Investigation Agency court has said while denying permission to the activist, Live Law reported.
Rao was denied permission to travel by the court on Friday. A detailed order was made available on Monday.
Read more

Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court

26/09/2022

Live Law / by Live Law News Network

Observing that framing of charges in the 2018 Bhima Koregaon-Elgar Parishad caste violence case will get delayed, the Special Court last week rejected poet-accused Varavara Rao’s application to undergo cataract treatment in Hyderabad.
Special Judge Rajesh Katariya cited the recent SC judgement granting Rao bail in which it was said that a decision on framing of charges must be taken within three months.
Read more

Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in Elgar Parishad case

26/09/2022

India Toda / by Vidya

The NIA opposed the application, saying the treatment sought by Rao was available in Mumbai and that he was only seeking to nullify the SC’s terms for granting him medical bail.
A special NIA court in Mumbai has rejected the request of Telugu poet and Elgar Parishad accused Varavara Rao to go to Hyderabad for three months to undergo cataract surgery. The court said it had to frame charges against the accused within the next three months and so rejected the request.
Read more

Also read:
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

Prisoners of Conscience Under Modi Regime

25/09/2022 Asha

By Communist Party of India (Marxist-Leninist) Liberation

Since the BJP’s rise to power in 2014, the list of people -ranging from human rights activists to lawyers, and journalists to students – being persecuted for their identity and their fidelity to fighting for democratic and progressive rights, has grown rapidly. Starting from the arrests related to Bhima Koregaon in 2018 and protests against CAA in 2020 to the recent arrests of activist Teesta Setalvad and journalist Mohammad Zubair, the current regime is bent on imprisoning any person who speaks uncomfortable truths and exposes their lies.
Read full statemnt

Click to enlarge

Also visit:

● Prisoners of Conscience in India. The Prisoners of Conscience in India (PoCI) documents and highlights the cases of people who have been imprisoned in India because of their peaceful expression of political, religious, or other conscientiously held beliefs.

Court rejects Varavara Rao’s plea for short stay in Hyderabad for cataract surgery

23/09/2022 Asha

Court rejects Varavara Rao’s plea for short stay in Hyderabad for cataract surgery

24/09/2022

Hindustan Times / by Charul Shah

The special National Investigation Agency (NIA) court on Friday rejected the plea of Telugu poet Varavara Rao, an accused in the Elgar Parishad – Bhima Koregaon violence case, seeking permission for a short stay in Hyderabad for undergoing cataract surgery.
Read more

Court Rejects Varavara Rao’s Plea To Go To Hyderabad For Eye Surgery

23/09/2022

Outlook India / by pti

A special National Investigation Agency (NIA) court in Mumbai on Friday rejected the plea of poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, seeking permission to travel to Hyderabad for cataract surgery.
The Supreme Court had, in August, granted medical bail to the 82-year-old activist, with his bail conditions being set by the special NIA court presiding over the case.
Read more

Also read:
● Varavara Rao told to remain in Mumbai, not to make statement on case to media (The Indian Express / Aug 2022)
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case (The Leaflet / Aug 2022)

Bombay High Court Refuses Bail To DU Professor Hany Babu [read judgment]

19/09/2022 Asha

Bombay HC rejects Hany Babu’s bail plea: ‘Prime facie conspired and abetted terrorist act’

20/09/2022

The Indian Express / Omkar Gokhale

Babu was arrested by the NIA in 2020 for being “actively involved” with banned CPI (Maoist) and booked under charges, including criminal conspiracy and under the Unlawful Activities (Prevention) Act.
The Bombay High Court Monday turned down an appeal filed by Elgaar Parishad case accused and former Delhi University associate professor Hany Babu, challenging the rejection of his bail plea by a special NIA court. The court had concluded the hearing on Babu’s plea on August 29 before reserving its verdict.
Read more

Bombay High Court Refuses Bail To DU Professor Hany Babu In Elgar Parishad Case [read judgment]

19/09/2022

Live Law / by Sharmeen Hakim

Delhi University Professor Hany Babu mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook, the Bombay High Court said in its order refusing him bail.
Prof Babu was arrested by the National Investigating Agency on July 28, 2020 in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
he court relied on a “Secrecy Handbook” allegedly recovered from Babu on setting up a secret network and avoiding surveillance, which explicitly states that “if one comrade is arrested, other comrades must do everything to help…by providing legal representation, publicity and organising protest.”
Read more

Bombay HC refuses bail to DU professor Hany Babu

19/09/2022

Bar & Bench / by Neha Joshi

A bench of Justices Nitin Jamdar and NR Borkar rendered the verdict today in an appeal filed by Babu challenging an order of the Special National Investigation Agency (NIA) Court rejecting his bail application.
The Bombay High Court on Monday rejected the regular bail application filed by Delhi University professor Hany Babu, one of the accused in the Bhima Koregaon riots case of 2018.
Read more

Bombay HC Denies Bail to Hany Babu in Elgar Parishad Case, Upholds Trial Court Verdict

19/09/2022

The Wire / by The Wire Staff

The National Investigation Agency has accused Babu of being a “co-conspirator” in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist).
Bombay high court on Monday, September 19, rejected the bail plea filed by Delhi University’s associate professor Hany Babu, who is an accused in the Elgar Parishad-Maoist links case.
A division bench of Justices N. M. Jamdar and N.R. Borkar upheld the earlier ruling of a special National Investigation Agency (NIA) court, which had denied him bail.
Read more

Also read:
● Profile of Hanybabu Musaliyarveetil Tharayil – Associate Professor of linguistics at Delhi University, anti-caste scholar and social activist arrested in the Bhima Koregaon case. (By Prisoners of Sconscience India)
● The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)

Court directs NIA to remain present for report on cloned copies

18/09/2022 Asha

The Indian Express / by Sadaf Modak

Citing the Supreme Court direction to decide on framing of charges and discharge pleas of the accused within three months, the court also said it will begin hearing the discharge applications of four accused from next week.
The special court hearing the Elgaar Parishad case directed an officer of the National Investigation Agency (NIA) to remain present before it for a report on the pending issue of providing cloned copies of electronic devices to all the accused.
Read more

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

17/09/2022 Asha

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

17/09/2022

Scroll.in / by Scroll Staff

Susan Abraham said the counsel sought access to his medical records and asked the authorities to not discharge the activist from the hospital prematurely.
Activist Vernon Gonsalves’ wife on Monday said that he is recovering at the state-run JJ Hospital in Mumbai and they are not pressing for his medical bail at the moment.
Read more

Vernon Gonsalves bail plea to be heard on September 16

14/09/2022

The Hindu / by Special Correspondent

He was admitted to the hospital on September 8 and is currently undergoing treatment for dengue.
The National Investigation Agency (NIA) court will hear activist Vernon Gonsalves’s bail on September 16 as he continues to be on oxygen support at the State-run J.J. hospital.
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Court seeks Vernon Gonsalves’s medical report from JJ Hospital

14/09/2022

The Times of India / by TNN

A special trial court on Tuesday called for a report on an affidvait from state-run J J Hospital on the health condition of Elgar Parishad case accused Vernon Gonsalves who was admitted there last week after being diagnosed with dengue.
Read more

Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’ (Counterview / Sep 2022)