Posts – Page 96 – free them all

Interim protection for Varavara Rao extended til March 8 / Why was bail granted only for 6 months?

01/03/2022 Asha

Why was bail granted to Varavara Rao only for 6 months? Bombay High Court

03/03/2022

Bar & Bench / by Neha Joshi

The High Court noted that the February 2021 order granting temporary medical bail to Rao contained strong observations about the inadequate medical facilities at Taloja Jail.
The Bombay High Court on Tuesday mused as to why Varavara Rao, accused in the Bhima Koregaon case, was only granted 6 months of bail despite its strong observations regarding medical conditions at Taloja prison [P Varavara Rao v. State of Maharashtra & Anr].
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Varavara Rao’s medical bail extended till March 8

02/03/2022

Scroll.in / by Scroll Staff

The Bombay High Court also asked if the condition of Taloja jail, where Rao will be sent, has improved.
The Bombay High Court on Tuesday extended the duration of activist Varavara Rao’s medical bail till March 8, reported PTI.
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Interim protection for Varavara Rao extended until March 8

01/03/2022

The Leaflet / by Sabah Gurmat

On Tuesday, the Bombay High Court heard a plea filed by poet and activist P. Varavara Rao – an accused in the Bhima Koregaon case – seeking extension of his interim bail and for being allowed to stay in Hyderabad while on bail. The division bench of Justices S.B. Shukre and G.A. Sanap decided to continue the hearing of arguments on March 8 and has granted interim protection from coercive action to Rao until then.
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Also read:
● Telugu, Wheelchair & Blanket: How Prison Broke Poet Varavara Rao (The Quint / Feb 2021)
● Varavara Rao’s Bail: Leading Newspapers Urge Courts to Protect the Fundamental Right to Liberty (The Leaflet / Feb 2021)

India retains ‘partially free’ status for second year in Freedom House’s 2022 report

01/03/2022 Asha

India retains ‘partially free’ status for second year in Freedom House’s 2022 report

04/03/2022

Scroll.in / by Scroll Staff

The report from the US-based NGO attributed BJP government’s ‘discriminatory policies’ and persecution of Muslims for India’s standing in the report.
India was called a “partially free” country for the second year in a row in the 2022 report by the United States non-governmental organisation, Freedom House. India’s was 66th on the “Freedom of the World” rankings – a notch higher from last year’s 67.
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For the second consecutive year, India drops on freedom score

01/03/2022

The Hindu / by Parvathi Benu

The main pointers for the lower rankings include – politicians and journalists surveillance, activist Stan Swamy’s death, and the Lakshmipur Kheri incidents.
India, for the second consecutive year, continues to not completely free country, according to the findings in the Freedom of the World report.
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Read full report: Freeedom in The World 2022: The Global Expansion of Authoritarian Rule

Sudha Bharadwaj seeks court’s permission to shift back to Mumbai

01/03/2022 Asha

TOI / by pti

Sudha Bharadwaj, recently released on bail in the Elgar Parishad-Maoists links case, on Tuesday filed an application before a court seeking permission to live in suburban Mumbai.
Bharadwaj was granted bail by the Bombay high court in December 2021. The special court for National Investigation Agency (NIA) cases, while passing the release order, had directed that she shall not leave Mumbai without permission.
Read more

● Sudha Bharadwaj interview: ‘I hope I can begin practising in Mumbai’ (The Indian Express │ Feb 2022)
● ‘I Am Ready To Put On My Black Coat’: Lawyer Sudha Bharadwaj, Out On Bail After 3 Years In Jail (article 14 │ Jan 2022)
● Sudha Bharadwaj speaks – A Life in Law and Activism. (PUCL │ Jan 2021 │ 316 pages)

Bail of Varavara Rao extended till March 3

26/02/2022 Asha

Bail of Varavara Rao extended till March 3

26/02/2022

The Leaflet / by PTI

The Bombay High Court on Saturday extended till March 3 the medical bail granted to poet and activist P. Varavara Rao, an accused in the Elgar Parishad-Maoist links case.
Rao, 82, was first granted bail on health grounds by the high court in February last year for a period of six months. He was also asked not to leave Mumbai.
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Bombay High Court extends Varavara Rao’s medical bail till March 3

26/02/2022

Scroll.in / by Scroll Staff

The activist’s lawyer said he is suffering from various ailments, including asymptomatic Parkinson’s disease.
Rao, 82, was granted bail on medical grounds in February last year. The court has been granting extensions on the bail order since September.
In a fresh application on Saturday Rao’s lawyers sought another extension.
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Bhima Koregaon Inquiry: Police evasive when questioned about its failure to prevent violence

26/02/2022 Asha

Bhima Koregaon Inquiry Commission: Police evasive when questioned about its failure to prevent violence

26/02/2022

Sabrang India / by Sabah Gurmat

The ongoing proceedings before the Bhima Koregaon Inquiry Commission took an interesting turn on Friday with the police giving evasive replies to the counsel, who posed probing questions on its role during the days leading to the 200th anniversary of the Battle of Bhima Koregaon (when the British aided by Mahar soldiers defeated the Peshwas) on January 1, 2018, which ended in violence, and subsequent arrests of activists.
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IPS officer Nangare Patil files affidavit on ‘security threat’ to ‘Jaystambh’ in- charge’s house, bandobast preparation

26/02/2022

The Indian Express / by Chandan Haygunde

The current joint commissioner (law and order) of Mumbai Police, Nangare Patil, was the special inspector general of police, Kolhapur Range, at the time of the violence in Koregaon Bhima area (in the jurisdiction of Pune Rural Police), which was under his supervision.
IPS OFFICER Vishwas Nangare Patil submitted his affidavit before the Koregaon Bhima Commission of Inquiry in Mumbai on Friday.
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Also read:
● Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│by Sudhir Dhawale│March 2018)

After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

25/02/2022 Asha

After Justices PB Varale And SS Shinde Recuse From Hearing Bhima Koregaon Case, Chief Justice Agrees To Constitute New Bench

25/02/2022

Live Law / by Sharmeen Hakim

After two judges recused themselves from hearing petitions arising out of the Bhima Koregaon – Elgar Parishad Case, Chief Justice Dipankar Datta of the Bombay high Court said a third bench would be constituted to hear the cases at the earliest.
After Justice PB Varale’s bench, that has the criminal assignment, recused from hearing matters earlier this month, the alternate bench of Justice SS Shinde also recused from taking up petitions connected to the case.
Justice Shinde, however, will hear the interim application filed by Vernon Gonsalves, Arun Ferreira and Varavara Rao seeking bail and factual corrections in his order refusing them default bail.
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Judge recuses from Elgar Parishad cases, new bench to hear pleas

25/02/2022

India Today / by Vidya

The new Bench, comprising Justice SB Shukre and AB Borkar, will hear all pleas related to the Elgar Parishad from here on.
Anew Bench of the Bombay High Court will now hear all the pleas related to the Elgar Parishad case after a judge recused himself from the case in which several arrests have been made since 2018.
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Jusitce SS Shinde of Bombay High Court Recuses hearing Bhima Koregaon cases

24/02/2022

Bar & Bench / by Neha Joshi

Sources told Bar & Bench that Justice Shinde will continue hearing the plea filed by three accused in the case seeking review of his own judgment refusing them default bail; however, he has recused from other cases.
Justice Shinde will be releasing a circular/notification to that effect shortly, sources have told Bar and Bench.
After such circular/notification is issued, the respective lawyers representing the 15 accused in the case, will have to move the Chief Justice of the High Court on administrative side to get a new Bench constituted for hearing the petitions arising from the 2018 case.
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‘Speeches were very provocative’: Police officer about the Elgar Parishad

24/02/2022 Asha

Rediff.com / by Jyoti Punwani

The senior police officer, who deposed in such detail about the Elgar Parishad, however, claimed to know nothing about the opposition to it from organisations such as Milind Ekbote’s Samastha Hindu Aghadi as well as Pune’s then mayor Mukta Tilak.
The speeches made by Umar Khalid, Jignesh Mewani, Prashant Dhontha and Sudhir Dhawale at the Elgar Parishad were provocative, but the pledge administered at the end of the Parishad to the audience, to ‘protect the Constitution and never vote for opponents of the Constitution, the RSS and BJP’, was not objectionable.
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Also read:
● Bhima Koregaon: Is Milind Ekbote Being Protected? (Rediff.com / Feb 2022)
● Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│by Sudhir Dhawale│March 2018)

NIA opposes default bail plea filed by Varavara Rao, Vernon Gonsalves & Arun Ferreira in Bombay HC

24/02/2022 Asha

Varavara Rao, Vernon Gonsalves, Arun Ferreira

NIA opposes default bail plea in Bombay HC, cites embargo on review

24/02/2022

Bar & Bench / by Neha Joshi

The NIA stated that the review petition filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira is barred by law as they were seeking an alteration or review of the final judgment passed by the High Court.
The National Investigation Agency (NIA) has opposed the plea filed by three accused in the Bhima Koregaon case before the Bombay High Court seeking review of the judgment refusing them default bail [P Varavara Rao & Ors. v. State of Maharashtra & Anr.]
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S.362 CrPC Puts An Embargo’: NIA Opposes Plea Filed By Bhima Koregaon Accused Seeking Review Of Bombay HC’s Judgement Refusing Default Bail

24/02/2022

Live Law / by Sharmeen Hakim
The National Investigation Agency has sought dismissal of the application filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira seeking bail and factual corrections in the Bombay High Court’s order refusing them default bail.
In their reply tendered to the Bombay High Court, the agency cited the embargo under section 362 of CrPC to alter or review judgements once a petition is decided on merits.
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Also read:
● Vernon Gonsalves, Varavara Rao & Arun Ferreira File Review Application In Bombay High Court, Seek Default Bail (Live Law / Feb 2022)

Lawyer seeks examination of cop who probed Elgaar Parishad case

24/02/2022 Asha

Lawyer seeks examination of cop who probed Elgaar Parishad case

24/02/2022

The Indian Express / by Chandan Haygunde

Elgaar Parishad was a conclave held on December 31, 2017 ahead of the 200th commemoration of the battle of Koregaon Bhima.
Senior lawyer B A Desai on Wednesday asked the Koregaon Bhima Commission of Inquiry to call police officer Shivaji Pawar, who investigated the Elgaar Parishad case, to depose as a witness. The two-member commission headed by retired judge, Justice J N Patel, is probing the causes of violence in Koregaon Bhima area in which a person was killed and many others were injured.
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Sharad Pawar not to appear before probe commission on Feb. 23 and 24

22/02/2022

The Hindu / by Shoumojit Banerjee

Nationalist Congress Party (NCP) chief Sharad Pawar will not be able to appear before the commission appointed by the Maharashtra government to probe the 2018 Bhima Koregaon clashes on February 23 and 24. He has accordingly conveyed the same to the commission, Maharashtra Minister and NCP spokesperson Nawab Malik said on Tuesday.
Mr. Malik, who gave this information in a video statement, said the NCP chief would “definitely” appear before the probe panel in future to record his version of events.
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Also read:
● The Mystery of Fadnavis’ Terms of Reference – Jyoti Punwani reports from the Bhima Koregaon Commission hearing (Rediff.com / Dec 2021)

NIA Court refused bail to 4 accused [read orders]

22/02/2022 Asha

Hany Babu, Sagar Gorkhe, Jyoti Jagtap, Ramesh Gaichor

Plan to end Modi raj with Rajiv Gandhi type incident and other reasons NIA Court refused bail to 4 accused [read orders]

22/02/2022

Bar & Bench / by Neha Joshi

Special NIA Judge rejected regular bail applications of Sagar Gorkhe, Ramesh Gaichor, Jyoti Jagtap and Associate Professor Hany Babu.
The Special Court under National Investigation Agency (NIA) Act rejected bail applications of four accused in the Bhima Koregaon case of 2018 relying upon a letter written by the accused which mentioned about ending the Modi-raj in the country.
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No bail; ‘prima facie evidence Hany Babu part of Maoist outfit’: NIA Court

22/02/2022

The Indian Express / by Express News Service

“The same can be said to be sufficient to prima facie establish that the applicant was instrumental for the release of convict G N Saibaba, who was convicted for the activities of the CPI (M),” special Judge Dinesh E Kothalikar said in the detailed order made available on Monday.
IN ITS detailed order rejecting bail to Delhi University associate professor Hany Babu, a special court has said that there is prima facie evidence that he was ‘actively involved’ in activities of banned organisation, CPI (Maoist).
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No hesitation to prima facie conclude that applicant was actively involved in activities of banned organisation: NIA Court

21/02/2022

Free Press Journal / by Staff Reporter

A special court that last week denied bail to Delhi University’s associate professor Hany Babu, an accused in the Elgar Parishad – Bhima Koregaon case, has said in its detailed order that if material on record is taken into consideration, there would be no hesitation to prima facie conclude that he was actively involved in activities of the banned organisation.
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Special NIA Court rejects former CM Fadnavis’ statement as evidence, denies bail to three Bhima Koregaon accused

19/02/2022

The Leaflet / by The Leaflet

A special National Investigative Agency (NIA) court denied bail on Monday to three persons accused in the Bhima Koregaon (Elgar Parishad) case and declined to consider former Maharashtra Chief Minister Devendra Fadnavis’ statement in the Maharashtra Legislative Assembly. The court, while denying bail, maintained that the accused hatched a “serious conspiracy” to create unrest in the country.
The three accused — Jyoti Jagtap, Sagar Gorkhe and Ramesh Gaichor — are musical performers, anti-caste activists and members of the cultural troupe Kabir Kala Manch.
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Also read:
● They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says (Washington Post / Feb 2021)
● The many plots to assassinate Narendra Modi (The Caravan / Sep 2018)