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NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag

NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag

NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag

15/05/2023

The Leaflet / by Sarah Thanawala

The State opposed the change in the place of house arrest on the grounds of being “cumbersome” and creating a “security risk”. It also alleged that the plea demonstrated that Navlakha’s earlier arguments seeking house arrest on medical grounds was a farce because there is no super-speciality hospital in the vicinity of the newly proposed venue of house arrest. Senior advocate Nitya Ramakrishnan, representing Navlakha, opposed these arguments. The Bench has granted Navlakha time to search for other appropriate houses in Mumbai.
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Supreme Court Grants Time To NIA To File Counter Affidavit Regarding Change In Location of Gautam Navlakha’s House Arrest

15/05/2023

Live Law / by LIVELAW NEWS NETWORK

The Supreme Court, on Monday, granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case.
A Bench comprising Justice KM Joseph and Justice BV Nagarathna was considering an application filed by him seeking to shift his house arrest location in Mumbai.
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SC to hear activist Navlakha’s plea on Monday for shifting out from Mumbai public library under house arrest

15/05/2023

The Telegraph / by pti

The top court also directed Gautam Navlakha to deposit another Rs 8 lakh toward expenses for making available police personnel for his security
The Supreme Court is likely to hear on Monday a plea of activist Gautam Navlakha, who is under house arrest in the Elgar Parishad-Maoist links case, that he be shifted from a public library in Mumbai to some other place.
A bench of Justices K M Joseph and B V Nagarathna had on April 28 directed the CBI to file its reply within two weeks on Navlaka’s petition seeking to be shifted from the public library to some other place in the city as the facility needs to be vacated.
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Also read:
Supreme Court directs Gautam Navlakha to pay INR 8 lakhs as cost of deploying police for his house arrest (The Leaflet / April 2023)
Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)

SC seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen

SC seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen

Supreme Court Issues Notice On Bail Pleas Of Professor Shoma Sen & Jyoti Jagtap In Bhima Koregaon Case

04/05/2023

Live Law / by Sohini Chowdhury

The Supreme Court, on Thursday, issued notice in bail pleas filed by Jyoti Jagtap and Professor Shoma Sen, accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).
A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia issued notice in both the Special Leave Petitions.
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Supreme Court seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen

04/05/2023

Bar & Bench / by Abhimanyu Hazarika

The Supreme Court on Thursday sought the response of the Maharashtra government and the National Investigation Agency (NIA) on the bail pleas filed by, Jyoti Jagtap and Shoma Sen, accused in the Bhima Koregaon violence case.
A Bench of Justices Aniruddha Bose and Sudhanshu Dhulia issued notice to the State and NIA.
Sen, an English Literature professor and Dalit and women’s rights activist, was arrested on June 6, 2018.
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SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail

04/05/2023

The Print / by pti

The Supreme Court on Thursday sought the responses of the Maharashtra government and the National Investigation Agency (NIA) on a plea filed by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order declining her bail.
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Also read:
Shoma Sen moves Supreme Court seeking bail (The Leaflet / Apr 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)
The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)

Shoma Sen’s discharge application at NIA court claims lack of incriminating evidence

Shoma Sen’s discharge application at NIA court claims lack of incriminating evidence

The Leaflet / by Sarah Thanawala

The matter will now be heard on May 17.
A National Investigation Agency (NIA) court, presided by special judge Rajesh Kataria, on Tuesday heard a discharge application filed by women’s rights activist and academic Shoma Sen, claiming lack of incriminating evidence against her in the  Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Read more


Also Read:
Shoma Sen moves Supreme Court seeking bail (The Leaflet / Apr 2023)
Mahesh Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail (India Today / Jan 2023)

Shoma Sen moves Supreme Court seeking bail

Shoma Sen moves Supreme Court seeking bail

Shoma Sen

The Leaflet / by Sarah Thanawala

The Bombay High Court, in its order dated January 17, had refused to examine the correctness of the order of the trial court that rejected her bail application.
A special leave petition, filed by women’s rights activist and academic Shoma Sen challenging the order of the Bombay High Court on her bail plea, is listed to be heard on May 4. The petition was mentioned by senior advocate Anand Grover before a division Bench of the Supreme Court, led by Chief Justice of India Dr D.Y. Chandrachud, on Wednesday.
Read more


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)
Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail (India Today / Jan 2023)

Gautam Navlakha moves HC against NIA court’s rejection of bail plea

Gautam Navlakha moves HC against NIA court’s rejection of bail plea

Gautam Navlakha moves HC against NIA court’s rejection of bail plea

27/04/2023

The Indian Express / by The Indian Express

Navlakha, who was arrested on April 14, 2020, has been incarcerated since then. Since November, he has been under house arrest in Navi Mumbai.
Elgaar Parishad case accused Gautam Navlakha recently approached the Bombay High Court with a fresh appeal challenging a special NIA court’s order that had rejected his bail application earlier this month. Navlakha’s previous bail plea, filed before the special court, was rejected last September. Following this, he had filed an appeal before the Bombay High Court.
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Gautam Navlakha moves HC for bail again

27/04/2023

Hindustan Times / by HT Correspondent

Last year, he had filed an appeal in HC when the special court rejected his bail application in September 2022.
Mumbai: Gautam Navlakha, one of the accused in the Elgar Parishad case has approached the Bombay high court for a second time and appealed against the rejection of his bail application by a special NIA court earlier this month. Last year, he had filed an appeal in HC when the special court rejected his bail application in September 2022.
Read more


Also read:
Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)
Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)

Gautam Navlakha was active member of banned terrorist says special court while rejecting bail plea [read order]

Gautam Navlakha was active member of banned terrorist says special court while rejecting bail plea [read order]

Gautam Navlakha

Reasonable grounds for believing accusations about Gautam Navlakha being CPI-Maoist member: Court

14/04/2023

The Indian Express / by Express News Service

Navlakha was arrested on April 14, 2020, by the NIA and has been under house arrest since November 2022.
IN ITS detailed order rejecting bail to 69-year-old Gautam Navlakha in the Elgaar Parishad case, the special court in Mumbai has said there is prima facie evidence of a nexus between him and Syed Gulam Nabi Fai, who was convicted by a US court in 2012 for links with Pakistani spy agency ISI. The court said there are reasonable grounds for believing accusations against Navlakha, including that he is a member of the banned organisation Communist Party of India (Maoist).
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Gautam Navlakha was active member of banned terrorist group involved in attacks against security forces: Mumbai court [read order]

13/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya opined that there are reasonable grounds for believing that the accusations against Navlakha are prima facie true.
Bhima Koregaon case accused Gautam Navlakha was a member of banned terrorist organisation Communist Party of India (Maoist), which attacked and killed many government security forces, a Mumbai court held while rejecting the activist’s bail plea.
In an order uploaded on Wednesday, Special National Investigation Agency (NIA) judge Rajesh Katariya opined that there were reasonable grounds for believing that the accusations against Navlakha were prima facie true.
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Read order


Also read:
Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Surendra Gadling’s plea to allow him to appear in person pending before the Bombay High Court

Surendra Gadling’s plea to allow him to appear in person pending before the Bombay High Court

The Leaflet / by Sarah Thanawala

In the application, Gadling detailed his right to appear in person and the tedious process of in-person visits for undertrial prisoners.
On April 10, 2023, a division Bench of the Bombay High Court, comprising Justices Revati Mohite Dere and Sharmila Deshmukh, recused itself from hearing an appeal by human rights lawyer and Dalit rights activist Surendra Gadling for the grant of default bail. With its recent change in assignments, the high court is yet to decide on Gadling’s application to appear in person and allow his production before the high court, where his appeal for grant of default bail is pending. The application was sent by Gadling from Taloja jail in November 2022.
Read more


Also read:
To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates (India Today / March 2023)
Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Also watch:
Video: The Prison Song of Surendra Gadling
hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

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. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video

Special NIA Court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

Special NIA Court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

Gautam Navlakha

Mumbai court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

06/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A special National Investigation Agency (NIA) court on Thursday rejected the regular bail plea of Gautam Navlakha in the Bhima Koregaon case of 2018.
Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A detailed order of the order is yet to be made available.
Read more


Special NIA Court Denies Bail to Gautam Navlakha

06/04/2023

The Wire / by The Wire Staff

The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
Activist Gautam Navlakha was once again denied bail by a special NIA court on Thursday, April, in the Elgar Parishad-Maoist links case.
The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
Read more


Also read:
Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, 3 others

Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, 3 others


By Bar & Bench (March 30):
Bench of Justice Revati Mohite Dere of Bombay High Court recuses from hearing default bail pleas of Bhima Koregoan accused Mahesh Raut and 3 others.


Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, others

30/03/2023

India Legal / by India Legal

Justice Revati Mohite Dere of Bombay High Court on Thursday recused herself  from hearing the default bail petitions of Mahesh Raut and three others, who were arrested for their alleged involvement in the Elgar Parishad Maoists links case of 2018.
Earlier on March 1, the High Court had issued notice to the National Investigation Agency (NIA) on the default bail plea of Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson, who were arrested on June 6, 2018 under the Unlawful Activities (Prevention) Act.
Read more


Also Read:
4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)

Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira

Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira

Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira

04/03/2023

The Leaflet / by Sarah Thanawala

Senior advocate Rebecca M. John, representing Gonsalves, highlighted the commonality between Dr. Teltumbde’s grant of bail by the Bombay high court last year and the evidence in the present case to draw the claim of parity with the high court’s bail order.
On Friday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, reserved its judgment on the bail applications of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas.
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Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira

03/03/2023

Live Law / by Awstika Das

The Supreme Court on Friday reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967…
Gonsalves and Ferreira have approached the Supreme Court against a December 2021 order by which the Bombay High Court denied them default bail, even as the same benefit was granted to another co-accused, Sudha Bharadwaj. Even though this order was questioned in a subsequent review petition preferred by the two petitioners, the high court, in May of last year, refused to grant them relief.
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Supreme Court reserves verdict on bail pleas of Vernon Gonsalves, Arun Ferreira

03/03/2023

Bar & Bench / by Abhimanyu Hazarika

The NIA opposed the bail plea stating that long period in custody cannot be a ground to show leniency to terror-accused.
The Supreme Court on Friday reserved its verdict on the bail applications filed by two accused in the Bhima Koregaon case, Vernon Gonsalves and Arun Ferreira [Vernon vs State of Maharashtra and anr].
A bench of Justices Aniruddha Bose and Sudhanshu Dhulia concluded hearing arguments today, and reserved its order.
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Live Thread by Live Law (March 3, 2023)

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Live Thread by Bar & Bench (March 3, 2023)

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Also read:
Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (dailyo | by Arun Ferreira and Vernon Gonsalves | Jun 2018)
Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)