While Sudha Bharadwaj secured a ‘default bail’, Varavara Rao is out on medical bail. The order in Teltumbde’s case is significant, because for the first time in the case, a court has dealt with the merits of the allegations levelled.
Observing that there is “no proof or any material” to show that 73-year-old civil liberties activist and academic Anand Teltumbde had made international visits sponsored by the banned CPI (Maoist) organisation, the Bombay high court on Friday, November 18, granted him bail. Read more
Bombay High Court Grants Bail To Bhima Koregaon Accused Anand Teltumbde
18/11/2022
Live Law / by Sharmeen Hakim
The Bombay High Court on Friday granted bail to former IIT professor and Dalit scholar Prof. Anand Teltumbde, booked under the Unlawful Activities (Prevention) Act in the Bhima Koregaon-Elgar Parishad case.
The court observed that prima facie offences under sections 13 (Punishment for unlawful activities), 16 (punishment for for terrorist act) and 18 (punishment for conspiracy) of the UAPA were not made out and only section 38 and 39 (membership and support to a terrorist were made out. Read more
Bombay High Court Grants Bail to Anand Teltumbde in Elgar Parishad Case
18/11/2022
The Wire / by The Wire Staff
The court has stayed the order for one week to allow the NIA to approach the Supreme Court and appeal the decision.
The Bombay high court on Friday (November 18) granted bail to scholar Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case. Seventy-three-year-old Teltumbde has been in Mumbai’s Taloja Central Prison since his arrest on April 14, 2020. Read more
Bombay High Court grants bail to Anand Teltumbde
18/11/2022
Bar & Bench / by Neha Joshi
A bench of Justices AS Gadkari and Milind Jadhav pronounced the verdict today after extensively hearing the application.
The Bombay High Court on Friday granted bail to Dalit rights activist and scholar Anand Teltumbde presently detained in Taloja Central Prison since 2020 for his alleged role in the Bhima Koregaon violence of 2018.
A bench of Justices AS Gadkari and Milind Jadhav pronounced the verdict today after extensively hearing the application and reserving its order last week. Read more
Bombay HC grants bail to Dr. Anand Teltumbde
18/11/2022
The Leaflet / by Sarah Thanawala
The operation of the bail order is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Friday, a division bench of the Bombay High Court comprising Justices A.S. Gadkari and Milind N. Jadhav granted bail to Dr. Anand Teltumbde, the 71-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act for allegedly being a senior member of the banned organisation, the Communist Party of India (Maoist) (‘CPI (Maoist)’). He is currently lodged at Taloja Central Jail, Navi Mumbai and is awaiting trial. Read more
Contradictions in the prosecution’s story and witness statements, and unsubstantiated allegations of Dr. Teltumbde’s involvement with the CPI (Maoist) and the planning of Elgar Parishad are brought out in his appeal before the Bombay High Court challenging his rejection of bail.
IN his appeal petition for bail before the Bombay High Court, Dr. Anand Teltumbde, the 71-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act (‘UAPA’) for allegedly being a senior member of the banned organization, the Communist Party of India (Maoist) (‘CPI (Maoist’), has highlighted the contradictions in the story of the prosecution.
… On November 11, a division bench of the Bombay High Court comprising Justices A.S. Gadkari and Milind N. Jadhav concluded hearing arguments pertaining to Dr. Teltumbde’s appeal challenging his rejection of bail by the NIA special court in July last year. The division bench has reserved the matter for orders. Read more
Prisoners of conscience / Court directs top cop to look into the mosquito menace in Taloja prison
Is it just their relentless opposition to State policies that gets the NIA’s goat, or is it also their privileged background?
Stone walls do not a prison make, nor iron bars a cage. Sometimes they do, even for the most creative minds.
Take Maharashtra’s Taloja Jail, on the outskirts of Mumbai. For the last almost three years, it’s been home to some of the country’s most valuable public intellectuals, and also the site of their steady deterioration. The Bhima Koregaon trial is yet to begin, but the 16 accused have already been punished, by the NIA that’s handling their case and the jail authorities. Read more
Court directs top cop to look into the mosquito menace in Taloja prison
16/11/22
Free Press Journal / by Staff Reporter
In his plea made on Tuesday, he said that there is no reply from the jail’s superintendent despite the court’s direction to the authority to file one.
Following an application by civil rights activist and accused in Bhima-Koregaon case, Anand Teltumbde, on Tuesday, a special court has directed the Deputy Inspector General of police (DIG, Prisons) to look into the mosquito menace in Taloja prison as the jail superintendent has not complied with previous orders to take precautions to control the situation despite repeated directions. Read more
Bombay high court bench of Justices Ajay Gadkari and M N Jadhav on Friday reserved for orders a bail application filed by Anand Teltumbde, 73, former management professor accused of alleged Maoist links and under the stringent anti-terror law—UAPA-, in the 2018 Elgar Parishad case from Pune.
Teltumbde’s plea on merits filed last year argues that he was never present at the December 31, 2017 Elgar Parishad event nor made any provocative speeches. Read more
Try hugging your child with one arm
Political leaders on Saturday shared the stage with relatives and friends of activists imprisoned in terror cases, listening to how bail remained a mirage for years and police prevented the accused even from hugging their children in court.
Besides the release of their loved ones, most of the speakers demanded a repeal of the Unlawful Activities Prevention Act (UAPA) which made bail difficult to obtain, and alleged that an “undeclared emergency” had turned the country into a “police state”. Read more
Also read:
Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022) Download report
Press Release: India Behind Bars – The Cost Of Free Speech
by AILAJ (Oct 8, 2022):
AILAJ co-organised ‘India Behind Bars’ press conference in the Press Club of India with
@AISA_tweets and @ryaindia. Hundreds of students, teachers, activists and concerned citizens of Delhi joined us.
By AISA (Oct 8, 2022):
Despite heavy rains, students, citizens of Delhi flooded the Press Club of India in solidarity with different political prisoners incarcerated under acts like UAPA, PSA, NIA etc. #FreeAllPoliticalPrisoners #IndiaBehindBars
Recording by Millat Times: India Behind Bars: The Cost Of Free Speech (Excerpt)
by Akash (Oct 6, 2022):
To quote Com. Ravi Rai @ravirai2015: “Those behind bars spoke up for us, it’s time for us to speak up for them.” #DelhiPogrom #bhimakoregaon
Join the Press Conference on 8 October at the Press Club. #FreeAllPoliticalPrisoners #RepealUAPA
by AILAJ_HQ (Oct 5, 2022)
Join us on 8th Oct at 4 p.m. at the Press Club of India, New Delhi for a press conference on India Behind Bars: The Cost of Free Speech where we demand the scrapping of draconian laws and release of political prisoners.
click to enlarge poster
#ReleaseAllPoliticalPrisoners
click to enlarge posters
Also read:
Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022) Download report
Day to day hearing of discharge applications in Bhima Koregaon – Elgar Parishad case begins
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
Draconian UAPA provisions challenged in the SC [read petition] / SC to hear plea on Oct 18
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
Court directs NIA to remain present for report on cloned copies
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
