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Tag: Arun Ferreira

Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

10/01/2022

The Wire / Sukanya Shantha

On January 3, the committee issued a public notice urging people to contact them in case they have reasons to believe that their phones were compromised using the malware.
Several human rights defenders and academics implicated in the Elgar Parishad case and their lawyers have sent their representation to the Supreme Court-appointed Technical Committee alleging that their phones were infected by the vicious Pegasus malware.
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Bhima Koregaon accused and their counsel write to SC’s Pegasus technical committee alleging snooping

08/01/2022

The Leaflet / by The Leaflet

On January 3, the Supreme Court-appointed Technical Committee (TC) to investigate the snooping allegations using Pegasus spyware had issued a public notice urging citizens to contact it if they felt that their mobile device had been infected…
The Leaflet learns that at least four accused in the Bhima Koregaon case, and their counsel, Nihalsing B. Rathod, have written to the committee separately alleging that their mobile devices had been infected with the Pegasus malware.
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Counsel Of Bhima Koregaon Accused Writes To SC-Appointed Technical Committee Suspecting Hacking Of His Device

09/01/2022

Live Law / by Srishti Ojha

A lawyer, who represented several persons implicated in the Bhima Koregaon Elgar Parishad case has written to the Technical Committee appointed by the Supreme Court to probe into the allegations of snooping through Pegasus, suspecting compromise of his mobile device by Pegasus Malware.
Advocate Nihalsing B Rathod, a practicing lawyer based in Nagpur has argued that his phone was intercepted for accessing the privileged communication and legal strategies drawn on behalf of his clients in the Bhima Koregaon Elgar Parishad.
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Bhima Koregaon accused, counsel write to SC appointed Committee alleging phones were compromised

08/01/2022

Bar & Bench / by Abhimanyu Hazarika

Advocate Nihal Singh Rathod has offered to appear before the committee and submit his phone for probe.
A Nagpur-based lawyer on Friday wrote to the Supreme Court appointed Technical Committee probing the Pegasus spyware scandal, stating that he has reasons to believe his phone was hacked and compromised by the spyware.
Read more

Also read:
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

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Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

23/12/2021

Live Law / by Sharmeen Hakim

The Court cited the bar under Section 362 CrPC in reviewing the order.
The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC’s order denying them bail.
Through a precipice (application) for “speaking to minutes”, the accused claimed that just like Sudha Bharadwaj, who was granted bail, they had also filed their default bail pleas in the stipulated time.
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Bombay HC refuses to entertain plea by 8 accused claiming „factual errors“ in default bail order

23/12/2021

Bar & Bench / by Neha Joshi

The 8 accused had moved the High Court seeking a minor rectification in the order passed by the Division Bench refusing default bail to them.
The Bombay High Court on Thursday refused to intervene in a plea by eight accused in the Bhima Koregaon violence case seeking a rectification of the ‘factual errors’ in the order refusing default bail to them.
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HC disposes plea of eight accused seeking rectification in order denying them bail

23/12/2021

Scroll.in / by Scroll Staff

The activists and academicians had said that the Bombay High Court order was based on a ‘factual error’.
The Bombay High Court on Thursday refused to intervene in a plea filed by eight accused persons in the Bhima Koregaon case, seeking rectification in an order that refused them bail, Bar and Bench reported.
The Bhima Koregaon case pertains to caste violence in a village near Pune in January 2018. Eight activists and academicians are among the 16 people arrested for allegedly plotting the violence.
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Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’

22/12/2021

The Wire / by The Wire Staff

Sudhir Dawale, Varavara Rao, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira have approached the high court claiming its order denying them default bail was based on a “factual error”.
Eight activists and academics currently in jail in the Elgar Parishad case, who were denied default bail by the Bombay high court earlier this month, have approached the high court on Tuesday, seeking a correction in the relevant order. They said that they had in fact exercised their right to default bail within the stipulated period …
The high court will hear the matter further on December 23.
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Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment

21/12/2021

Live Law / by Sharmeen Hakim

Eight accused in the Bhima Koregaon-Elgar Parishad case denied default bail have re-approached the Bombay High Court claiming to have exercised their right to default bail well within the stipulated period.
It may be recalled that the High Court had granted default bail to lawyer-activist Sudha Bharadwaj, an accused in the case, on the ground that the Pune Sessions Court was not competent to extend the time for probe as it was not notified as a Special Court under the NIA Act. However, the Court denied the same benefit to other accused by saying that they had not filed applications for default bail when that right accrued to them.
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Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Audio: Understanding the Judgement of the Bombay High Court

01/12/2021

By PUCL

Date: Dec 1, 2021
Speakers: Mihir Desai and others
In order to understand the judgement in the Bhima Koregaon, default statutory bail case granting bail to Sudha Bharadwaj (National Secretary of the PUCL), but rejecting the bail of 8 others who had also similarly applied, namely Dr. Varavara Rao, Dr. Shoma Sen, Surendra Gadling, Vernon Gonsalves, Sudhir Dhawale, Rona Wilson, Arun Ferreira, Mahesh Raut,
we are holding a meeting on December 1st, 2021 from 8pm to 10pm.
All are welcome to listen to the lawyers share their views on the judgement.
V. Suresh (General Secretary PUCL )
Kavita Srivastava (National Secretary)

Listen to recording

Why the Bombay High Court granted default bail to Sudha Bharadwaj and not to others [read order]

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj’s application for default bail was pending on the date the application for extension of time to file chargesheet was made.
While granting default bail to lawyer and activist Sudha Bharadwaj on Wednesday, the Bombay High Court refused bail to eight other co-accused in the Bhima Koregaon case.
The Bench of Justices SS Shinde and NJ Jamadar made certain interesting observations in the 120-page order while deciding the pleas filed by Bharadwaj and 8 others challenging orders of the Pune Sessions Judges.
Read more/read judgement

Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction: Bombay HC [read order]

01/12/2021

Live Law / by Sharmeen Hakim

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under provision of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail.
Read more/read judgement

Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused

01/12/2021

The Leaflet / by Sabah Gurmaj and Paras Nath Singh

The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases.
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BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

01/12/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday granted default bail to lawyer-activist Sudha Bharadwaj in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
However, the Court rejected the bail applications of the 8 other accused Sudhir Dawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira. They were arrested between June – August 2018.
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Sudha Bharadwaj granted default bail by Bombay High Court; plea of 8 others rejected

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj and 8 others had challenged the jurisdiction of the Pune Sessions Judge in 2019 who they submitted was not the Special NIA judge and hence not competent to hear their applications under UAPA.
In a significant development, the Bombay High Court on Wednesday allowed the default bail plea filed by Bhima Koregaon accused advocate Sudha Bharadwaj [Sudha Bharadwaj v. National Investigation Agency].
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Also read:
● Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon (Live Law / Sep 2021)

How the ‘anda cell’ is used to discipline inmates / Do we run to courts for basic human rights? / Video

How the ‘anda cell’ is used to discipline inmates / Do we run to courts for basic human rights? / Video

How the ‘anda cell’ is used to discipline prison inmates

28/10/2021

The Indian Express / by Jinee Lokaneeta

The torturous practice of solitary confinement, whether for 24 hours or a large part of a day, remains a key feature of modern prisons, sometimes by another name. The continued use of an “anda” (egg-shaped) cell or high security cell in the Indian context appears to be, in effect, the use of solitary confinement — defined by many as cruel, inhuman and degrading treatment or torture — by another name. The news that eminent journalist and human rights activist and scholar implicated in the Bhima Koregaon case, Gautam Navlakha, has been moved to an “anda” circle in Taloja jail on October 12 is just another reminder that imprisonment itself appears inadequate for the state.
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Do we run to courts for basic human rights? asks Navlakha’s partner, says he’s not allowed to call

27/10/2021

The Print / by Bismee Taskin

Sahba Husain says the rights activist has also been denied access to the library, canteen and jail’s green areas ever since he was shifted to the high-security Anda cell.
It was in April last year when human rights activist Gautam Navlakha surrendered before the National Investigation Agency (NIA) in the Bhima Koregaon case.
Since then Navlakha has been in prison — first in Delhi’s Tihar jail and then in the Taloja jail in Mumbai. Earlier this month, the 70-year-old, along with five other accused, was shifted to the high-security ‘Anda cell’ of the Mumbai prison.
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Also watch: Book Launch “Colours of the Cage”


en | 1h 10min | 2014
‘Colours of the Cage’ is the real story of what goes on behind bars – it isn’t like the celluloid or novelistic versions that readers are familiar with. However, it is not just a harrowing account of life in prison but also a memoir of astonishing power – about a man’s stubborn fight for justice and the triumph of the human will.
This video was recorded at the launch of Arun’s book ‘Colours of the Cage’ on the 26th of September, 2014 at the Press Club, Mumbai. Seated on the dais from the left, are journalist-author Naresh Fernandes, author-poet Varavara Rao, Arun Ferreira and playwright-director Ramu Ramanathan.
Watch video

Also read:
● Kin of jailed activists write to authorities to not discontinue telephone calls (Sabrangindia / Oct 25, 2021)

Jail Authorities Are Blocking Letters From Elgar Parishad Arrested to Their Loved Ones

Jail Authorities Are Blocking Letters From Elgar Parishad Arrested to Their Loved Ones

The Wire / by Sukanya Shantha

After Father Stan Swamy’s death in July, Sudhir Dhawale penned an emotional letter. But Taloja jail authorities decided nobody should read it.
When 84-year-old Jharkhand-based tribal rights activist and Jesuit priest Father Stan Swamy passed away on July 5, one of his co-accused in the Elgar Parishad case, Sudhir Dhawale, penned an emotional poem. Dhawale, a writer and anti-caste activist from Mumbai who is currently jailed at the Taloja central prison, wrote an eight-page poem describing his first meeting with Swamy, their interactions in jail and Swamy’s contribution to the tribal rights movement in Jharkhand. He titled the poem Pathalgadicha Father or the ‘Father of Pathalgadi’.
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NIA court reject medical bail pleas of four accused / Court reject application seeking copy of draft charges

NIA court reject medical bail pleas of four accused / Court reject application seeking copy of draft charges

NIA Court refuses medical bail to four Bhima Koregaon accused; citing past precedent, two other accused activists seek laptops in jail

22/09/2021

The Leaflet / by Sabah Gurmat

Shoma Sen, Vernon Gonsalves, Gautam Navlakha and Anand Teltumbde had applied for bail.
On Tuesday, 21 September 2021, a special National Investigation Agency (NIA) court in Mumbai rejected the bail applications filed on behalf of four of the senior citizens accused in the Bhima Koregaon case…
Notably, three of the Bhima Koregaon accused – Gonsalves, Arun Ferreira and Surendra Gadling – were also produced in-person at the special NIA court in Mumbai. The three argued before court by themselves.
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NIA Court rejects medical bail to Shoma Sen

22/09/2021

Sabrang / by Sabrang

She was arrested in June 2018, and has been in jail since then, with no relief.
… Further, as per media reports, the court has also rejected the applications filed by co-accused Sudha Bharadwaj, Hany Babu and Gautam Navlakha for a copy of the draft charges filed by National Investigation Agency (NIA) that has reportedly submitted a list of seventeen draft (proposed) charges against the 15 accused, including the serious charge of waging a war against the country, which is punishable with death or imprisonment for life (section 121 of the Indian Penal Code)…
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Special NIA Court Rejects Professor Shoma Sen’s Interim Medical Bail Plea In Bhima Koregaon – Elgar Parishad Case

22/09/2021

Live Law / by Sharmeen Hakim

A special NIA court on Tuesday refused interim medical bail to Shoma Sen, a former professor at Nagpur University, who was arrested in the Bhima Koregaon – Elgaar Parishad caste violence case in 2018…
Meanwhile, the court has extended co-accused researcher Rona Wilson’s interim bail by three days…
Lastly, the court rejected an application filed by accused Gautam Navlakha, Hany Babu and Sudha Bharadwaj seeking a copy of draft charges submitted by NIA.
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NIA court reject medical bail pleas of four Bhima-Koregaon case accused

21/09/2021

The Hindu / by Sonam Saigal

The special National Investigation Agency (NIA) court on Tuesday rejected the medical bail applications filed by senior citizens Shoma Sen, Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves.
Special Judge D.E. Kothalikar rejected the pleas by relying on recommendations from the high-powered committee set up to decongest prisons owing to the COVID-19 pandemic.
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NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves

NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves

NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves

07/09/2021

India Today / by Vidya

A special NIA court will pass an order on the bail pleas of the accused Rona Wilson and Vernon Gonsalves in connection to the Elgar-Parishad case.
A special NIA court in Mumbai will be passing an order on the interim bail pleas of accused Rona Wilson and co-accused Vernon Gonsalves in the Elgar Parishad case, on Tuesday.
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NIA opposes activist Rona Wilson’s plea to attend mass after his father’s death

06/09/2021

Scroll.in / by Scroll Staff

The agency claimed that the activist was creating grounds for his release as his father’s last rites had already been performed.
The National Investigation Agency on Monday opposed a petition filed by activist Rona Wilson, an accused in the Bhima Koregaon case, for interim bail to attend a ceremonial mass after his father’s death, PTI reported.
The agency said that Wilson’s family members could perform the rituals in his absence, The Indian Express reported.
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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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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

02/09/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon – Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail.
The accused have filed the appeal against the Sessions court’s order rejecting the default bail application under Section 167(2) of the Code of of Criminal Procedure read with Section 43-D (2) of Unlawful Activities (Prevention) Act.
… The HC is likely to pronounce its judgement along a similar plea made co-accused Sudha Bharadwaj, on which order was reserved on August 4.
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HC reserves order on plea by eight accused

01/09/2021

Hindustan Times / by KAY Dodhiya

The Bombay high court reserved its orders in the petition filed by the eight Elgar Parishad accused who challenged the cognizance taken by the sessions judge of the charge sheet filed by Pune Police in November 2018.
The counsel for the accused argued that as the sessions judge had passed orders and not the special NIA court or a magistrate court as stipulated by the provisions of the Unlawful Activities (Prevention) Act (UAPA) under which the accused were booked, the orders passed by the sessions judge were not valid and they were eligible for default bail.
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Bombay HC reserves verdict in plea by 8 accused challenging cognizance taken by Pune Sessions Judge

01/09/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Wednesday reserved its verdict in the plea filed by eight of sixteen accused in the 2018 Bhima Koregaon case challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them.
Read more

Also read:
● 8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail (Bar & Bench, Aug 23)
● Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)