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Decide on framing charges against Vernon Gonsalves within 3 month: Supreme Court

20/08/2022 Asha

Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas

20/08/2022

The Leaflet / by The Leaflet

A Supreme Court bench of CJI-designate, Justice Uday Umesh Lalit, and Justice S. Ravindra Bhat has decided to keep the petition seeking bail by Vernon Gonsalves on hold, but its direction to the trial court to begin its trial within three months comes as a relief.
Afterhearing at considerable length a bail petition filed by trade unionist, activist and academic Vernon Gonsalves, one of the accused undertrials in the Bhima Koregaon violence case, the Supreme Court on August 18 chose to keep the petition pending with it for three months. In the meantime, it has directed the trial court in Mumbai to decide whether the charges are to be framed against the accused under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
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Decide on framing charges against Vernon Gonsalves within 3 month: Supreme Court

20/08/2022

Bar & Bench / by Abhimanyu Hazarika

The Court also directed the special court to segregate Gonsalves’ trial from that of other accused who are absconding.
The Supreme Court on Thursday asked the special NIA court to decide on framing of charges against Bhima Koregaon accused Vernon Gonsalves within 3 months [Vernon Gonsalves vs State of Maharashtra and anr].
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Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022

Live Law / by Rintu Mariam Biju

The Supreme Court on Thursday asked the Special NIA Court to decide on framing charges in the Bhima Koregaon case within a period of three months. The Court also directed the NIA Court to decide the discharge applications filed by the accused in the case simultaneously.
A bench comprising Justice UU Lalit and Justice Ravindra Bhat passed the direction while considering a petition field by accused Vernon Gonsalves seeking bail in the case.
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Also read:
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022 Asha

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022

The Wire / by pti

With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
In the case that is being probed by the National Investigation Agency (NIA), of the total 16 arrested accused, Jesuit priest Stan Swamy died at a private hospital here last year during judicial custody, while Telugu poet Varavara Rao is currently out on medical bail. Only one accused – Sudha Bharadwaj – is out on regular bail.
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Also read:
● Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Arun Ferreira moves Bombay HC seeking default bail; Justice recuses from hearing case

19/08/2022 Asha

Arun Ferreira Approaches Bombay High Court For Default Bail

19/08/2022

Live Law / by Sharmeen Hakim

Activist Arun Ferreira, an accused in Bhima Koregaon – Elgar Parishad case, has approached the Bombay High Court seeking default bail.
Ferreira’s plea was listed before a division bench of Justices Revati Mohite Dere and Sharmila Deshmukh on Friday, however, Justice Dere has already recused from hearing any matters in the case.
In the criminal appeal under section 21(4) of the NIA Act, Ferreira claims that his position is at par with co-accused Sudha Bharadwaj who was granted default bail by the High Court in December last year, while he and eight of his co-accused were denied the relief.
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Arun Ferreira Moves Bombay High Court seeking default bail; Justice Revati Mohite Dere recuses

19/08/2022

Bar & Bench / by Neha Joshi

The accused in the 2018 riots case has sought an order from the High Court on the same grounds used by the court in the order granting default bail to co-accused Sudha Bharadwaj in December 2021.
The petition was listed before Bench led by Justice Revati Mohite Dere who recused from hearing the matter on Friday, without assigning any reason. The appeal will now be heard by another Bench.
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Arun Ferreira seeks default bail, judge recuses from hearing case

19/08/2022

Free Press Journal / by Staff Reporter

Arun Ferreira, one of the accused in the Elgar Parishad case, has sought default bail on parity with co-accused Sudha Bharadwaj in the case. Bhardwaj was granted default bail by the Bombay High Court on December 1, 2021.
On Friday, Ferreira’s petition came up for hearing before a division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh. However, Justice Dere recused herself from hearing the plea without assigning any reason.
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Also read:
● Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused (The Leaflet / Dec 2021)

Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022 Asha

SC Asks NIA Court To Frame Charges Within 3 Months

18/08/2022

The Quint / by The Quint

The Supreme Court also allowed Varavara Rao to approach the trial court with his plea to travel to Hyderabad.
The Supreme Court on Thursday, 18 August, asked the Special National Investigation Agency (NIA) Court to decide on framing charges in the 2018 Bhima Koregaon case within a period of three months.
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Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

18/08/2022

Live Law / by Rintu Mariam Biju

Also read:
● Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
● What NIA draft charges submitted in court say, against whom (Indian Express / Aug 2021)
● NIA Submits Draft Charges in Bhima Koregaon-Elgar Parishad Case: Read Details (Live Law / Aug 2021)

Trial court can decide Varavara Rao’s plea to visit Hyderabad for surgery: SC

17/08/2022 Asha

The Hindu / by pti

Mr. Rao’s bail conditions do not permit travel out of Greater Mumbai
The Supreme Court on August 16 allowed activist-poet Varavara Rao, an accused in the Bhima Koregaon case, to move the trial court for permission to go to his native Hyderabad for cataract surgery in order to spare himself the expenses of doing it in Mumbai.
A three-judge Bench led by Justice U.U. Lalit asked the trial court to decide Mr. Rao’s plea, if made, for leave to go to Hyderabad, within three weeks.
Read more

Also read:
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case [read order] (The Leaflet / Aug 2022)

Enforcement Directorate to question Surendra Gadling about allegedly funding Maoists

17/08/2022 Asha

ED to question Surendra Gadling about allegedly funding Maoists

17/08/2022

Sabrangindia / by Sabrangindia

A special NIA court had granted permission to the ED to conduct questioning between Aug 17 and 19.
A team of the Enforcement Directorate will today start questioning advocate Surendra Gadling in connection with allegations of funding a banned Maoist organization…
What is also noteworthy is that in June 2021, American digital forensics firm Arsenal unearthed evidence that 14 key files mentioned in the chargesheet against activist and lawyer Surendra Gadling were planted on his hard drive using Netwire, the very same malware that was used to plant false evidence on a laptop belonging to Rona Wilson, another accused in the case.
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Documents link Surendra Gadling to ‘Maoist money during demonetisation, hawala fund’

17/08/2022

The Indian Express / by Chandan Haygunde

The ED will be recording Elgaar Parishad case accused Surendra Gadling’s statement in Taloja Jail between Aug 17 and 19, sources said, adding that properties in the name of Gadling and his wife are also under ED scanner.
Surendra Gadling, one of the accused in the Elgaar Parishad case, will now be questioned by the Enforcement Directorate (ED) for his alleged role in funding the activities of the banned CPI (Maoist), officials said, adding that the interrogations are likely to begin Wednesday.
Read more

Also read:
● Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling’s Statement In PMLA Case (Live Law / Aug 2022)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Any litigation is like a war: Anand Grover

16/08/2022 Asha

Rediff.com / by Jyoti Punwani

‘You know the factors against you and those in favour, and you use the weapons you have in accordance with the strategy you’ve developed.’
Senior Counsel Anand Grover, last week got regular bail on medical grounds from the Supreme Court for Telugu poet and Bhima Koregaon accused Professor Varavara Rao.
“With all these ailments, if at his age, he were to go back to Taloja jail, his situation would deteriorate,” Grover tells Jyoti Punwani.
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Varavara Rao: The old man won’t die in jail. Thanks, SC

15/08/2022

Deccan Herald / by DH News Service

The grant of permanent bail to 82-year-old poet and activist Varavara Rao by the Supreme Court in the Bhima-Koregaon case came after a long and difficult legal struggle.
He was arrested under the draconian Unlawful Activities (Prevention) Act (UAPA) in 2018 and was granted medical bail in 2021. It had been extended from time to time on medical grounds. Now, the SC has granted him regular bail with conditions.
Read more

Also read:
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case (The Leaflet / Aug 2022)

#India@75: Song by Sagar Gorke, sung by Surendra Galding / PEN America …

15/08/2022 Asha

1:30min | 2022

by Panther Ajay

Lyrics by Shahir Sagar Gorkhe, sung by Adv Surendra Gadling
Watch video

PEN AMERICA, WITH 102 INTERNATIONAL WRITERS AND ARTISTS, CALLS FOR INDIA TO UPHOLD THE FREEDOM TO WRITE AHEAD OF 75TH INDEPENDENCE DAY CELEBRATION

15/08/2022

Pen.org / by PEN America

Raises Ongoing Concerns About Fraying of Free Expression and Jailing and Silencing of Writers

(NEW YORK)—As India marks 75 years of independence today, 102 notable U.S. and international writers and creative artists, including Marina Abramovic, Paul Auster, J.M. Coetzee, Jennifer Egan, Jonathan Franzen, Azar Nafisi, and Orhan Pamuk, joined PEN America and PEN International in signing a letter to Indian President Droupadi Murmu, raising concern over the deterioration of free expression and calling for the release of imprisoned writers and dissident and critical voices…
Seven of the eight writers in prison in India during 2021 have been detained in connection with the ongoing Elgar Parishad case, concerning a deadly inter-caste altercation in the village of Bhima Koregaon in 2018. In response, state- and national-level authorities detained a broad swathe of leftist writers and intellectuals, accusing them of inciting the violence and of links to banned groups.
Read full statement

INDIA AT 75 | CONTRIBUTORS S – Z

15/08/2022

PEN America / by Siddhartha Deb

…

Siddhartha Deb

I am not allowed to say the name of the person who told me, years ago: “India is not a nation. It is a prisonhouse of all possible nations.” Now this person is incarcerated, but I can’t describe the specifics of their suffering…
I can say the name of Stan Swamy, incarcerated and, eventually, killed by the Indian state on July 5, 2021. I can say his name because his life, if not his memory, is beyond the reach of the prisonhouse. Father Stan, dead at 84 because those running India are terrified of a Jesuit priest whose life was dedicated to working with indigenous people brutalized by Hindutva, the state, and the market.
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by Priyanka (Aug 15):

Our friend Mahesh is spending his 5th Independence Day in the prison with all the other activists in the Elgar Parishad case. They await their freedom. Please spare a thought for each one of them.

Ideas Behind Bars Podcast

– upcoming –

by InSAF India (Aug 15):

…

Also watch:

Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.

Watch video

“Was Stan Swamy a Maoist?” By A Fellow Traveller

13/08/2022 Asha

Academicfreedomindia.com / by a Fellow Walker

In this post, a fellow traveller of Stan’s in prison shares his reflections about the Jesuit priest who became one India’s foremost human rights defenders: the background to Stan’s own awakening and then participation in the continuing resistance movements among the most marginalised of Indian citizens, its indigenous peoples, the Adivasis:

People call him Father Stan Swamy. This way of addressing is different from the Maoist usage. He opted for the Christian way of life in the Jesuit order when he was an adolescent. He migrated from Tiruchirappalli in Madras State to Jamshedpur which was, at that time, part of the undivided Bihar State. Jamshedpur is the habitat of tribal people. The people who work in the coal reserves and steel factories, and the people who live in the nearby forests are all tribals. Being idealistic from a very young age, Stan was influenced by the preaching and practice of Jesus Christ.
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On courts and the tenability of the case / “When Will Trial Start?”: SC asks NIA

12/08/2022 Asha

Just in case: On courts and the tenability of the Bhima Koregaon case

12/08/2022

The Hindu / by Editorial

It is time the tenability of the Bhima Koregaon case was examined by courts.
The grant of bail to the 82-year-old Telugu poet and activist, Varavara Rao, on medical grounds is a welcome relief to at least one of those arraigned in the controversial Bhima-Koregaon case under the Unlawful Activities (Prevention) Act.
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Punishing process: Supreme Court bail for Varavara Rao again raises questions for the justice system

11/08/2022

Times of India / by TOI Edit

In granting permanent medical bail to Varavara Rao, the Supreme Court has made it clear that stringent restrictions against bail in laws like UAPA don’t hinder constitutional courts from protecting fundamental rights. Last year, SC had relied on this principle to uphold bail to a UAPA accused – arguing that his incarceration for over five years while the trial crawled on was unjustified. But Rao’s bail, granted on technical grounds – medical condition, advanced age, adherence to bail conditions, delay in framing charges – doesn’t answer any of the larger questions confronting the justice system.
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“When Will Trial Start?”, “How Will Letters Be Proved?”, Supreme Court Asks NIA In Bhima Koregaon Case

10/08/2022

Live Law / by Livelaw News Network

While hearing Varavara Rao’s bail application, the Supreme Court on Wednesday posed a host of queries to the National Investigation Agency on the Bhima Koregaon case, in which the agency has kept in custody several persons from academic-activist backgrounds on UAPA charges over alleged links with banned Maoist organization.
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