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Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

14/09/2021

Bar & Bench / by Neha Joshi

The Bench of Justices SS Shinde and NJ Jamadar issued notice to the NIA in the matter, with a direction to file a reply within three weeks.
Bhima Koregaon accused Anand Teltumbde has approached the Bombay High Court challenging bail provisions of the Unlawful Activities (Prevention) Act (UAPA) and misuse of the term “front organisation” by the National Investigation Agency (NIA).
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Anand Teltumbde Moves Bombay High Court Challenging Stringent Bail Conditions & ‘Vague Terminology’ In UAPA

13/09/2021

Live Law / by Sharmeen Hakim

In a significant challenge, Professor Anand Teltumbde, an accused in the Bhima Koregaon- Elgar Parishad Caste Violence Case, has filed a writ petition in Bombay High Court to quash the terminology “and all its formations and front organizations” attached to the banned CPI (Maoist) in the first schedule of the Unlawful Activities Prevention Act (UAPA).
He claims that the “vagueness” of the terminology is used as a tool to circumvent due process wherein the State does not notify a particular organization as banned under the UAP Act but investigating agencies keep using the ‘front organization’ card with impunity and no oversight, especially to oppose bail.
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Bombay HC seeks NIA response to Teltumbde’s pleas seeking bail, challenging UAPA

13/09/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was on Monday hearing Anand Teltumbde’s appeal against the July order of the NIA court that rejected his bail application.
The Bombay High Court on Monday issued a notice to the National Investigation Agency (NIA), seeking its response to an appeal filed by Elgaar Parishad case accused Anand Teltumbde against rejection of his bail application by the special NIA court.
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Teltumbde moves HC on UAPA”s ”frontal organisation” provisios

13/09/2021

Outlook / by pti

Anand Teltumbde, an accused in the Elgar Parishad Maoist links case, has filed a writ petition in Bombay High Court seeking that a provision under the Unlawful Activities Prevention Act (UAPA) to brand certain groups as a front for banned or terrorist organisations be quashed as it was bad in law.
The UAPA provides for the declaration of an association as unlawful and for the listing of organisations in the first schedule of the Act as “terrorist organisations”.
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Also read: ‘Mass frenzy has made India’s destroyers nationalists, its selfless servers traitors. Hope you speak out before your turn comes’ (The Polis Project / by Anand Teltumbde, April 14, 2020)

The Legal Battle of Bhima Koregaon: The story so far

The Legal Battle of Bhima Koregaon: The story so far

Bar & Bench / by Neha Joshi

The Special NIA Court has listed the pending applications on September 6, 2021
On July 5, 2021, 83-year-old activist and priest Father Stan Swamy passed away in a Mumbai private hospital while in judicial custody for his alleged involvement in the riots that took place in Bhima Koregaon post the Elgar Parishad event held on January 2018.
His death highlighted the state of undertrials in the Bhima Koregaon case, most of whom have been awaiting trial for the past three years.
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10 prisoners accuse ex-jail superintendent of ‘political censorship’

10 prisoners accuse ex-jail superintendent of ‘political censorship’

Prisoners accuse ex-jail superintendent of ‘political censorship’

27/08/2021

Sabrang / by Sabrangindia

The former Taloja Jail Superintendent Kaustubh Kurlekar has been allegedly saving copies of the letter exchanged between the accused and their family and lawyers
Ten activists, who have been falsely implicated in the Bhima Koregaon violence case, have written to the Home Minister of Maharashtra, alleging that Taloja Central Jail’s former Superintendent Kaustubh Kurlekar has been taking scans and saving copies of the letters exchanged between them and their family and advocates.
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10 Elgaar Parishad accused allege ‘political censorship’ by jail authorities

27/08/2021

The Hindu / by Sonam Saigal

Kaustubh Kurlekar of Taloja jail scans and saves letters, they have said in a letter to State Home Minister
Ten accused in the Elgar Parishad case have written a letter to Home Minister of Maharashtra on Thursday alleging that Taloja Central Jail’s Superintendent Kaustubh Kurlekar scans and saves copies of letters written by them to their family and advocates.
The letter written on Thursday has been signed by Anand Teltumbde, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves, Mahesh Raut, Sudhir Dhawale, Surendra Gadling, Rona Wilson, Sagar Gorkhe and Ramesh Gaichor.
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Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

24/08/2021

Live Law / by Live Law News Network

The Special NIA Court has rejected temporary bail pleas of professor Anand Teltumbde and journalist Gautam Navlakha, accused in the Bhima Koregaon – Elgar Parishad caste violence Case.
In their applications sent directly from prison, the two sought to be released temporarily citing their age and vulnerability to Covid-19. The pleas were filed pursuant to directions from the jail administration asking all inmates above 60 years to apply for interim bail due to the pandemic.
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NIA Court refuses temporary bail to activist Gautam Navlakha

23/08/2021

Bar & Bench / by Neha Joshi

Navlakha had sought temporary bail relying upon the guidelines issued by the High Power Committee for decongestion of prisons in light of the COVID pandemic.
The Special Court under the National Investigation Agency (NIA) Act has refused temporary bail to Bhima Koregaon accused Gautam Navlakha.
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Accused activists seek default bail claiming sessions court had no jurisdiction

23/08/2021

Midday / by pti

The petitioners are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, and Arun Ferreira
Seven activists and academics accused in the Elgar Parishad-Maoist links case told the Bombay High Court, the Pune sessions court, which remanded them to custody following their arrest and also took cognisance of the police’s chargesheet in 2019, had no jurisdiction to do so and sought a default bail.
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Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

By Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders

On 11 June 2021, I wrote a letter jointly with two other UN experts on the alleged inhumane prison conditions and deteriorating condition of 15 human rights defenders, as well as Varavara Rao who was granted medical bail.
Of pressing concern was the inhumane prison conditions and deteriorating health of the human rights defenders. The death of Fr. Stan Swamy shortly after this communication was written demonstrate the severity of the conditions in which the human rights defenders are being held. It is haunting to now read how Fr. Swamy’s requests to be transferred to hospital to receive treatment were initially denied repeatedly.
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Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

06/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter to Wednesday after the State sought time.
The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale’s friend. Tribal rights activist Mahesh Raut has filed the second plea.
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Victimized For Demanding Their Rights as Prisoners: Kin of Bhima Koregaon Move Bombay High Court Against Prison Transfer Orders

03/08/2021

Live Law / by Sharmeen Hakim

The petition accuses Taloja’s previous Superintendent of initiating the transfers to cover up violations of the rights guaranteed under The Prisons Act, 1894
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar’s orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice.
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Kin of Surendra Galding, Anand Teltumbde, Sudhir Dhawale move Bombay HC challenging transfer from Taloja jail

03/08/2021

Bar & Benach / by Neha Joshi

Immediate family members of Dr. Anand Teltumbde, Surendra Gadling and Sudhir Dhawale, accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other “unspecified prison” in the State.
The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails and it was “an act of victimization for having demanded their rights as prisoners.
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Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

29/07/2021

India Today / by Vidya

The National Investigation Agency probing the Elgar Parishad case has been asked by a special court in Mumbai to submit draft charges against the accused on August 9.
The draft charges will be filed by the central agency against all the accused in the case before Special Judge Dinesh E Kothalikar.
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Teltumbde, Navlakha, Gonsalves approach special court, seek bail

27/07/2021

The Indian Express / by Express News Service

Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves sent their applications from Taloja Central Jail where they are lodged and sought to be released temporarily citing their age and vulnerability to Covid-19.
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Anand Teltumbde, Gautam Navlakha, Vernon Gonsalves move NIA Court for temporary bail after HPC remommendation to decongest jails

27/07/2021

Bar & Bench / by Neha Joshi

Special Judge DE Kothalikar has now directed NIA to file their responses to these applications.
Bhima Koregaon accused Gautam Navlakha, Vernon Gonsalves and Dr. Anand Teltumbde have moved the Special Court, which hears cases under the National Investigation Agency (NIA) Act, for interim bail.
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161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

161 Names Revealed By The Wire On Snoop List So Far

27/07/2021

The Wire / by The Wire Staff

Over the past few days, The Wire – in collaboration with 16 other media organisations – has been revealing the names of people who were either persons of interest or forensically identified as having been targeted by clients of the NSO Group’s Pegasus spyware.
Those on the list include heads of state, political figures, activists, students, lawyers and journalists, among others.
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Pegasus exposé raises unjust detention cry

20/07/2021

The Telegraph / by Pheroze L. Vincent

The leaked database showed that the mobile numbers of several accused were on a list of those selected for surveillance by an unidentified client of NSO.
The families of the Elgaar Parishad-Maoist links detainees and one of their lawyers have said the new revelations about targeted surveillance have vindicated their stand that the prolonged imprisonment of the 15 surviving accused is unjust.
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From Ambedkarites and Labour Activists to Umar Khalid and JNU Students, Snoop List Targets All

20/07/2021

The Wire / by Ajoy Ashirwad Mahaprashasta, Sukanya Shantha and Kabir Agarwal

Leaked list of potential surveillance targets indicates attempt to keep tabs on critics of government policy.
The telephone numbers of an anti-caste leader and several prominent activists are part of a leaked database accessed by the Pegasus Project which includes individuals confirmed to have been targeted with the Israel based NSO group’s spyware.
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Indian activists jailed on terrorism charges were on list with surveillance targets

20/07/2021

The Washington Post / by Joanna Slater and Niha Masih

The Bhima Koregaon activists were also victims of an unidentified hacker who planted evidence on their computers, recent reports found.
When the Indian authorities began arresting lawyers and human rights activists in 2018, Sudha Bharadwaj did what she had done for more than three decades wherever she saw injustice. She organized. She spoke out. She asked courts to uphold the law.
Later that year, the police arrested her, too.
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Cops used Pegasus in Koregaon Bhima case, says Digvijaya Singh

20/07/2021

Times of India / by Suchandana Gupta

Congress Rajya Sabha MP Digvijaya Singh on Monday told TOI TOI that Pegasus was used by police in the Koregaon Bhima case, and even his name had surfaced, but he couldn’t be implicated because he had stopped using the phone that was mentioned in the ‘Naxalite letter’.
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Phones of ministers, journalists, lawyers and activists tapped by Pegasus spyware. Indians should worry

19/07/2021

The Leaflet / by Ramesh Menon

In the days ahead, we will know more about the investigations as they will be released in parts. Clearly, there is going to be a stormy monsoon session in Parliament as opposition members will question the government’s role in the snooping scandal. These revelations, if true, bode dangerously for the health of our democracy, writes Ramesh Menon as he recaps what we know about the Pegasus hacking allegations so far.
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The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

Frontline / by Anupama Katakam

The arrests and incarceration of 16 activists, known as the BK-16, on specious charges relating to the Bhima Koregaon violence case is part of the Central government’s systematic and methodical targeting of people who dissent and fight against oppression and for the causes of sections of society that a majoritarian government has no space for …
A look at the profile of each victim clearly indicates why the current regime feels threatened by their work.
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Parliament panel to hold meeting on data security / Shah alleged report was released to cause disruption

Parliament panel to hold meeting on data security / Shah alleged report was released to cause disruption

Parliament panel to hold meeting on data security and privacy on July 28

21/07/2021

Scroll.in / by Scroll Staff

The Parliamentary Standing Committee on Information Technology will question officials from the Ministry of Home Affairs and the Ministry of Electronics and Information Technology on July 28 in connection with reports about the illegal surveillance using Pegasus spyware, ANI reported.
… In November 2019, BJP MPs opposed when the standing committee wanted to discuss the matter, according to The Hindu. In a later meeting, the panel met 17 individuals representing a platform called the “Pegasus Targeted Persons”. They included human rights activist Bela Bhatia, Dalit activist and Bhima Koregaon case accused Anand Teltumbde, Jagdalpur Legal Aid group member Shalini Gera, Chattisgarh-based civil rights activist Alok Shukla and human rights activist Jagdish Meshram.
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Report on Pegasus ‘by the disrupters for the obstructers’, says Home Minister Amit Shah

19/07/2021

Scroll.in / by Scroll Staff

Union Home Minister Amit Shah on Monday dismissed an investigation pointing to the use of the Pegasus hacking software to spy on journalists, activists and Opposition leaders in India, calling it “a report by the disrupters for the obstructers”.
… On Sunday, The Wire revealed the names of dozens of journalists and activists on the list, including its own founder-editors Siddharth Vardarajan and MK Venu, The Hindu’s Vijaita Singh, the Hindustan Times’ Shishir Gupta, as well as scholars and activists on the Committee for the Release of Political Prisoners and relatives, lawyers and friends of those arrested in the Bhima Koregaon case and the accused themselves.
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