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SC Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

26/09/2023 Asha

Supreme Court extends stay on bail granted to Mahesh Raut

27/09/2023

The Leaflet / by Sarah Thanawala

On September 21, Bombay High Court had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency to appeal in the Supreme Court.
On Wednesday, the Supreme Court extended the stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
On September 21, a division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency (NIA) to appeal in the Supreme Court.
Today, a division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi heard the special leave petition filed by the NIA challenging the Order of the high court.
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Supreme Court Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

27/09/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (September 27) admitted the appeal by the National Investigation Agency (NIA) challenging the bail granted to tribal rights activist Mahesh Raut in the Bhima Koregaon case over alleged maoist list.
The Court also extended the stay, which was granted by the Bombay High Court itself on the bail order, till the next date of hearing October 5.
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Supreme Court extends Bombay High Court stay on bail to Mahesh Raut

27/09/2023

Bar & Bench / by Abhimanyu Hazarika

A bench of Justices Aniruddha Bose and Bela M Trivedi admitted the NIA’s appeal against the High Court’s order granting Raut bail and listed the case on October 5. The stay on Raut’s bail order will continue until then.
The Supreme Court on Wednesday extended till October 5 the stay imposed by the Bombay High Court on its order granting bail to Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case. [National Investigation Agency v. Mahesh Sitaram Raut and anr]
A bench of Justices Aniruddha Bose and Bela M Trivedi passed the order on the appeal filed by National Investigation Agency (NIA) before the apex court challenging the High Court’s bail order.
Read more

Also read:
▪ The cost of protesting against mining in Gadchiroli (Scroll.in | by Nolina Minj | Sep 27, 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)
▪ No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order] (Live Law / Sep 21, 2023)
▪ Encountering Resistance – State Policy for Development in Gadchiroli (Coordination of Democratic Rights Organisations (CDRO / June 2018)
▪ Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)

In Jail for 5 Years, Activist Mahesh Raut Gets Regular Bail in Bhima Koregaon Case [read order]

21/09/2023 Asha

In Jail for 5 Years, Activist Mahesh Raut Gets Bail in Elgar Parishad Case

21/09/2023

The Wire / by Sukanya Shantha

The 36-year-old tribal rights activist is one of the first five persons to have been arrested in the controversial case, on June 6, 2018.
Five years after 36-year-old tribal rights activist Mahesh Raut was arrested for his alleged role in the Elgar Parishad case, the Bombay high court on Thursday, September 21, granted him bail.
The National Investigating Agency (NIA), which is handling the investigation in the case, sought two weeks’ time to appeal in the Supreme Court. The HC, however, granted a week’s time.
Read more

Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut

21/09/2023

The Leaflet / by Sarah Thanawala

The operation of the Order granting bail to Mahesh Raut is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Thursday, the Bombay High Court granted regular bail to forest rights activist Mahesh Raut.
A division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh, however, has stayed the Order for one week.
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Bombay High Court grants bail to Mahesh Raut; sixth accused to get bail [read order]

21/09/2023

Bar & Bench / by Neha Joshi

Raut is the sixth person to get bail in the Bhima Koregaon case after Sudha Bhardwaj, Varavara Rao, Anand Teltumbde, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Thursday granted bail to Mahesh Raut, one of the accused persons in the Bhima Koregaon riots case of 2018.
A division bench of Justices AS Gadkari and Sharmila Deshmukh passed the order.
The Court stayed its order for a week after the National Investigation Authority (NIA) sought time to file appeal against the same before the Supreme Court.
Read more

Read order

No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order]

21/09/2023

Live Law / by Sharmeen Hakim

Observing that the material against forest rights activist Mahesh Raut couldn’t lead to a prima-facie inference that he had indulged in a ‘terrorist act’ under Section 15 of the Unlawful Activities (Prevention) Act 1967, the Bombay High Court granted him bail in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
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Bhima Koregaon Case: Bombay High Court Grants Bail To Mahesh Raut, Stays Bail For One Week At NIA’s Request

21/09/2023

Live Law / by Sharmeen Hakim

The Bombay High Court granted bail to Mahesh Raut an accused in the 2018 Bhima Koregaon – Elgar Parishad larger conspiracy case making him the sixth person to get bail in this case. However, the High Court stayed the order granting bail for one week at the request of the National Investigating Agency (NIA), which sought for a stay of two weeks.
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Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC!

21/09/2023

Sabrangindia.in / by SabrangIndia

After 5 years of incarceration, court grants bail as Section 16, 17, 18 of UAPA not made out, order stayed for one week as NIA seeks time to file appeal with the Supreme Court.
Mahesh Raut, the youngest accused in the Bhima Koregaon Elgar Parishad Violence case, has been granted bail by the Bombay High Court. On September 21, 2023, a division bench of Justice AS Gadkari and Justice Sharmila Deshmukh passed the bail order.
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Elgaar Parishad case: Mahesh Raut sixth to secure bail; 8 others still in jail

22/09/2023

The Indian Express / by Omkar Gokhale

The High Court had initially allowed a regular bail plea of Mahesh Raut but stayed its order for a week after the National Investigation Agency (NIA) sought a stay for 14 days so that it can approach the Supreme Court.
… Of the total 16 accused who were held, six of them (including Raut) have received bails from either the High Court or the Supreme Court. Among the accused who are still in custody are Gautam Navlakha, who is under house arrest.
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Who is Mahesh Raut? Bombay HC grants him bail in Elgaar Parishad Case

23/09/2023

The Statesman / by Statesman Web

The Bombay High Court has recently granted bail to Mahesh Raut in connection with the Elgaar Parishad case, with the condition that the order will be stayed for a week upon the National Investigation Agency’s (NIA) request.
Raut, a dedicated land rights activist working in the Gadchiroli region of Maharashtra, had initially sought regular bail in 2022 after his bail plea was rejected by the special NIA court in November 2021. Let’s take a closer look at Mahesh Raut and his background.
Read more

Also read:
● Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / by Neema Pathak Broome and Mahesh Raut / June 2017)

Bombay High Court allows NIA’s request to adjourn Mahesh Raut’s bail plea

27/07/2023 Asha

Bombay High Court allows NIA’s request to adjourn Mahesh Raut’s bail plea

27/07/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency has sought the adjournment of Mahesh Raut’s bail plea on the ground that the newly appointed Additional Solicitor General of India is yet to assume office. The matter is posted for further hearing on August 7.
On Thursday, the division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige allowed adjournment of hearing in the bail plea of forest rights activist Mahesh Raut.
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ASG for Bombay High Court takes charge, seeks time to argue Elgar Parishad bail plea

27/07/2023

India Today / by Vidya

Devang Vyas is currently the ASG for Gujarat High Court and has now assumed the additional role of ASG for the Bombay High Court for a duration of six months or more.
Additional Solicitor General (ASG) Devang Vyas on Thursday informed the Bombay High Court that he had just assumed charge and requested some time to prepare himself. As a result, he sought an adjournment for the hearing of the bail plea of Elgar Parishad accused Mahesh Raut… He also requested that the bail plea of Raut’s co-accused, Gautam Navlakha, be adjourned to another date.
Read more

Also read:
● National Campaign to Defend Democracy: 5 Years of Unjust Incarceration under Fabricated Evidence (Counterview / July 2023)
● NIA opposes Mahesh Raut’s bail plea in Bombay HC (Indian Express / June 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / by Neema Pathak Broome and Mahesh Raut / June 2017)

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

12/07/2023 Asha

Bacha Singh, Damodar Turi during protests

Counterview / by Counterview Desk / FACAM

Civil rights group Forum Against Corporatization And Militarization (FACAM), even as condemning the alleged harassment of Jharkhand activists by the National Investigation Agency (NIA), has said that they are being intimidated because they have “opposed corporate loot of people’s resources.”
…
It is a malicious plot of the state machinery to suppress democratic voice against corporate loot and displacement of adivasis
Among Bhima Koregaon political prisoners, most were actively opposing the state-corporate expropriation of people’s resources, displacement and state repression. Father Stan Swamy himself played an instrumental in formation of Visthapan Virodhi Janvikas Andolan (VVJA) and was active in Pathalgadhi Movement to ensure the autonomy and sanctity of gram sabha.
Read full statement

Also read
● Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)
● This Organisation In Jharkhand Is Holding The State Accountable (Youthkiawaaz / April 2022)
● NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)

Fourth Drone Bomb Attack on Indigenous People in Bastar, Chhattisgarh

18/04/2023 Asha

IndiaMatters UK / by over 60 international organisations and individual campaigners, activists and academics

Fourth Drone Bomb Attack on Indigenous People in Bastar, Chhattisgarh
Stop This State Terror Now!

Press Note

Indigenous (Adivasi) people in Bijapur district of Bastar, in the Indian state of Chhattisgarh, have been traumatised by yet another aerial bomb attack from the security forces which have been using drones to carry out these operations. Although the Indian Air Force is not officially deployed for combat in Chhattisgarh, the repeated use of aerial bombardment on civilian populations suggests a new dimension to the state terror being inflicted on the Adivasi population of Bastar for years.
… Social activists who have been speaking out against this injustice have also ended up in prisons … there are the well known sixteen democratic rights activists falsely implicated in what has come to be known as the Bhima Koregaon case. These sixteen were locked in prison between 2018 and 2020 on the basis of an essentially fabricated case prepared by the notorious National Investigative Agency against them under the Unlawful Activities Prevention Act.
Read full statement

Also read:
▪ Security forces’ operations in adivasi areas compared with Russia-Ukraine war (Counterview.net / April 2022)
▪ In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence (Indiaspend.com / Oct 2021)
▪ Gadling in jail. Reason? As lawyer-activist he has been ‘unpleasant’ to India’s topcops (Counterview.net / Dec 2020)
▪ Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
▪ Condemn the State Sponsored Massacre Scripted as ‘Encounter’ in Gadchiroli and Bijapur in Central India (wssnet.wordpress.com / May 2018)
▪ How corporate land grab is sought to be legitimized in Chhattisgarh by misusing legal framework (Kractivism │ by Sudhy Bharadwaj │ Feb 2018)

Podcast #2 | Ideas Behind Bars: Shoma Sen

16/04/2023 Asha

en | 18:01min | 2023

By InSAF India

This is a podcast in which we discuss the ideas, thoughts, and works of thinkers, activists, artist and scholars from India who have ended up behind bars for their work, or whose work has been censored or silenced. This podcast is produced by InSAF India in collaboration with nether quarterly.

Works by Shoma Sen discussed*:
“The Village and the City: Dalit Feminism in the Autobiographies of Baby Kamble and Urmila Pawar.” The Journal of Commonwealth Literature, vol. 54, no. 1, 2019, pp. 38–51., doi:10.1177/0021989417720251. “Class Struggle and Patriarchy: Women in the Maoist Movement.” Economic and Political Weekly, vol. 52, no. 21, 2017, pp. 56–56.
* Direct quotations have been shortened for clarity.

Sound Editor: Ashish Kumar
Voice: Divya Nadkarni
Listen to the podcast

Also Read:
● Mahesh Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)

Appeal for Contributions to Stan Swamy Fellowship

14/02/2023 Asha

by Jharkhand Janadhikar Mahasabha / @JharkhandJanad1 (Feb 14, 2023):
Johar!
Stan Swamy’s friends are initiating a fellowship in his name to keep his memory alive & to continue his work to defend human rights. We appeal to all friends & well-wishers to contribute to the Father Stan Swamy Fellowship for Human Rights Defenders.

Also read:
● I am not a silent spectator – An autobiographical fragment, memory and reflection (Indian Social Institute | By Stan Swamy | 2021)

Publisher: Indian Social Institute
First published in 2021
140 pages
Download pdf

Anybody dissenting will be treated in this manner: Father Frazer Mascarenhas

09/02/2023 Asha

Rediff.com / by Neeta Kolhatkar

In November 2021, the Bombay High Court allowed Father (Dr) Frazer Mascarenhas, SJ, to approach the court to clear the name of Father Stan Swamy, the oldest of the 16 Bhima Koregaon accused, who died in hospital in July 2021 …
Known to speak freely and stand by his principles, Father Frazer, who is now the parish priest at a Mumbai church, tells Rediff.com Senior Contributor Neeta Kolhatkar, “It seems to be a culture now. Anybody dissenting will be treated in this manner. No human rights… It is not limited to any one political party. The evidence shows that a group of political parties seem to be using this in an extensive and deliberate manner.”

The first of a two-part interview
Read more

Also read:
● Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case (Mumbai Rises to Save Democracy / Dec 2022)

Press Conference & Public Meeting: “Conspiracy of Conspiracy Cases”

12/01/2023 Asha

Poster by Campaign Against State Repression

Wives of Khalid Saifi, Hany Babu, GN Saibaba demand release of ‘political prisoners’

12/01/2023

Maktoob / by Maktoob Staff

Life partners of jailed human rights defenders Khalid Saifi, Hany Babu and GN Saibaba who gathered in national capital Delhi on Thursday under the banner of Campaign Against State Repression, demanded the immediate release of all political prisoners incarcerated under the Bhima Koregaon and CAA-NRC cases.
This event titled “conspiracy of conspiracy cases” was held to discuss the recent developments in Bhima Koregaon and CAA-NRC case where top intelligence officers have disclosed that there was no connection between the Elgaar Parishad event and Bhima Koregano violence, as well as multiple international forensic reports revealing that the evidence was planted on the BK accused.
Read more

Civil rights leaders allege corporate loot of resources, suppression of democratic rights

14/01/2023

Countercurrents / by Our Representative

Civil rights activists have alleged, quoting top intelligence officers as also multiple international forensic reports, that recent developments with regard to the Bhima Koregaon and the Citizenship Amendment Act-National Register of Citizens (CAA-NRC) cases suggest, there was “no connection between the Elgaar Parishad event and the Bhima Koregaon violence.”
Activists of the Campaign Against State Repression (CASR) told a media event at the HKS Surjeet Bhawan, New Delhi, that, despite this, several political prisoners continue to be behind bars on being accused under the anti-terror the draconian Unlawful Activities (Prevention) Act.
Read more

Also read
● Press Release by Campaign Against State Repression (CASR), Dec 5, 2022

Click to enlarge

● CASR meeting: GN Saibaba, others called new generation freedom fighters, victims of state terror (Countercurrents / Oct 2022)

Long forgotten: India’s pretrial and undertrial prisoners

15/12/2022 Asha

Frontline / by Ashutosh Sharma

The country’s jails teem with poor and marginalised people detained without justification.
Since there was no one to furnish a Rs.30,000 surety bond, Jai Parkash, 47, spent over 22 years in judicial custody without a trial. On November 21, Parkash, a stout man with swollen hands and a puffy face, was finally released on bail as part of the remissions granted under “Azadi Ka Amrit Mahotsav”.
… Quoting the Prison Statistics India report, Raghavan said: “Nearly 85 to 90 per cent of prisoners are SCs, STs, OBCs and Muslims. There is no data available on their socio-economic background, but our work with prison populations in Maharashtra shows that more than 60 per cent have a monthly family income less than Rs. 10,000.
Read more

Also read/watch:
● The Burgeoning Share of Undertrial Prisoners in India’s Jails (The Wire / Oct 2022)
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
● 4,484 People Died in Police Custody Since 2020: Govt Data (The Swaddle / Jul 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

● Video: The Prison Song of Surendra Gadling

By The Wire

hindi | 11min | 2021
In August, when human rights lawyer Surendra Gadling was released on interim bail for a week, he made a quick visit to the Nagpur sessions court to meet his colleagues and friends. 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.
Watch video