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Court seeks one more year to decide on framing charges / 5 years on, charges not framed

Court seeks one more year to decide on framing charges / 5 years on, charges not framed

Poster by #bakeryprasad

5 years on, charges not framed despite repeat extensions

19/01/2023

Sabrangindia / by Sanchita Kadam

The Special NIA Court has said that it will first need to dispose the discharge applications filed by the accused, before deciding on framing of charges
The Special NIA court, Mumbai has sought a time extension of one more year from the Supreme Court to frame charges in the case. This request was sent in November last year. On January 16, the Supreme Court said that it will proceed with hearing bail applications of activists Vernon Gonsalves and Arun Ferreira from January 30.
Last year in August while hearing Gonsalves’ plea, the apex court had given the Special Court three months’ time to decide whether charges are required to be framed against the accused or not. This three month period ended in November 2022, just when the Special Court sought an extension for another year!
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Elgaar Parishad case: Court seeks one more year to decide on framing charges

18/01/2023

The Indian Express / by Sadaf Modak

On August 18, the Supreme Court had directed the trial court to decide on these aspects within three months, granting it time till last November.
The special court hearing the Elgaar Parishad case in Mumbai had last November sought an extension of one year to decide whether to frame charges against the accused and also take a call on their discharge applications.
Read more


Also read:
4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case (The Indian Express / Oct 2022)
Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

Bombay HC directs Shoma Sen to first move special NIA court for bail in Bhima Koregaon case

Bombay HC directs Shoma Sen to first move special NIA court for bail in Bhima Koregaon case

Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail

17/01/2023

India Today / by Vidya

Sen claims she has been falsely arrested because she had exposed illegal arrests and torture.
The Bombay High Court has directed Elgar Parishad accused Professor Shoma Sen to approach the special NIA court for bail before coming to the high court on appeal.
Sen, behind bars since 2018, had applied for bail before the Pune Sessions Court in December 2018 prior to the filing of the chargesheet and another application after the filing of the chargesheet. Both the applications were rejected by the sessions court by way of common order in November 2019.
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Bombay High Court directs Shoma sen to first move special NIA court for bail

17/01/2023

Bar & Bench / by Neha Joshi

A division bench of Justices AS Gadkari and PD Naik reasoned that the special NIA court ought to be given an opportunity to consider the supplementary chargesheet first before Sen could approach High Court.
The Bombay High Court on Tuesday directed the Bhima Koregaon accused Shoma Sen to approach the special NIA court for bail before coming to the High Court in appeal.
A division bench of Justices AS Gadkari and PD Naik noted that the special NIA court has not had a chance to consider the bail application after the filing of chargesheet.
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Bombay High Court Grants Liberty To Accused Professor Shoma Sen To Approach Special NIA Court For Bail

17/01/2023

Live Law / by Amisha Shrivastava

Bombay High Court on Tuesday disposed of Bhima Koregaon – Elgar Parishad accused Professor Shoma Sen’s bail application with liberty to approach the trial court.
The division bench of Justice AS Gadkari and Justice PD Naik took note of the chargesheet filed against Sen subsequent to the Pune sessions court order denying bail.
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SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30

16/01/2023

Live Law / by Awstika Das

“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court on Monday, while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira… Indicating that they would like to hear the arguments at length, the bench decided to post the matter on a ‘non-miscellaneous’ day in the week starting on January 30.
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Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

16/01/2023

The Leaflet / by Sarah Thanawala

The matter is posted for hearing on January 30.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia decided to proceed with the hearing of bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira after Justice Dipankar Datta recused himself from hearing the matter on January 12. Gonsalves and Ferreira have filed the bail application in the Supreme Court challenging the rejection of their default bail applications by the Bombay High court.
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Justice Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves and Arun Ferreira

12/01/2023

The Leaflet / by Sarah Thanawala

The matter will now be taken up next week by a bench that does not comprise Justice Datta.
Thursday, Justice Dipankar Datta recused himself from hearing the bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira. The matter will now be taken up by a bench that Justice Dutta is not a part of.
… A Supreme Court division bench, comprising Justices Ravindra Bhatt and Datta, was hearing petitions filed by Gonsalves and Ferreira, challenging the rejection of their bail applications by the Bombay High Court.
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SC judge Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves, Arun Ferreira

13/01/2023

Scroll.in / by Scroll Staff

Justice Dipankar Datta of the Supreme Court on Thursday recused himself from hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, Live Law reported.
… Gonsalves and Ferreira have filed petitions in the Supreme Court challenging the Bombay High Court decision to deny them default bail in the case. The court had held that Gonsalves and Ferreira did not apply for the bail on time.
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Also read:
Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
Special court rejects Arun Ferreira’s plea against NIA (Free Press Journal / Aug 2022)

Supreme Court extends Gautam Navlakha’s house arrest till February 17

Supreme Court extends Gautam Navlakha’s house arrest till February 17

Gautam Navlakha

Supreme Court extends Gautam Navlakha’s house arrest

09/01/2023

The Leaflet / by Sarah Thanawala

The court granted an adjournment in the hearing of the review of its interim order granting house arrest till February 17. Senior advocate Nitya Ramakrishnan sought permission to allow Navlakha to receive an international phone call.
On Monday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, adjourned the hearing of the matter and extended Navlakha’s house arrest till February 17.
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Gautam Navlakha Requests Permission To Attend International Call From Daughter; Supreme Court Seeks NIA Response

09/01/2023

Live Law / by Sohini Chowdhury

On Monday, Advocate, Ms. Nithya Ramakrishnan, appearing on behalf of human rights activist Gautam Navalakha, accused in the Bhima Koregaon case, who is presently in house arrest, sought the permission of the Supreme Court to receive a call from his daughter living in Spain.
The Senior Counsel apprised a Bench comprising Justice KM Joseph and Justice BV Nagarathna, that the Apex Court had permitted Navalakha to make one call per day from NIA’s phone. However, he is not permitted to make international calls.
Read more


Also read:
Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)
Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Gonsalves in discharge plea

05/01/2023

The Indian Express / by Express News Service

Referring to multiple reports by US-based forensic consulting firm Arsenal Consulting, which said that malware was planted on the electronic devices of his co-accused, Gonsalves has said the main evidence in the case is ‘unworthy of credit’.
Vernon Gonsalves, an accused in the Elgaar Parishad case, filed his discharge application before the special court on Wednesday, stating that electronic records relied on by the investigators are dubious.
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Vernon Gonsalves cites Arsenal report to seek discharge

05/01/2023

Free Press Journal / by Bhavna Uchil

Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused.
Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused. The electronic evidence forms the foundation of the prosecution’s case. He has claimed that it’s dubious and has called into question the whole basis of the case.
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Activist Vernon Gonsalves files for discharge

04/01/2023

Hindustan Times / by Charul Shah

The activist has raised questions on the sanction given by the competent authorities to invoke charges under the Unlawful Activities Prevention Act. In the discharge plea, he has claimed that the sanctioning authority has to be independent and needs to evaluate evidence before granting sanction
Human rights activist Vernon Gonsalves has filed a plea before the special NIA court seeking discharge from the Elgar Parishad-Bhima Koregaon violence case, claiming that there was no evidence to proceed against him. Gonsalves, arrested in August 2018, is currently lodged in Taloja jail.
Read more


Also read:
Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)
Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jun 11, 2018)

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery

VV Rao, Feb 2021

Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery at Hyderabad

05/04/2023

Bar & Bench / by Neha Joshi

Justice RG Avachat directed the National Investigation Agency (NIA) to respond to the application filed by Rao seeking to quash the order of the special NIA court refusing him leave to go to Hyderabad for the surgery.
The Bombay High Court on Wednesday issued notice to the National Investigation Agency (NIA) on a plea filed by Telugu poet Varavara Rao, accused in Bhima Koregaon case of 2018, seeking permission to conduct his cataract surgery at Hyderabad.
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Bombay High Court Issues Notice To NIA In Bhima Koregaon Accused Varavara Rao’s Plea Seeking Permission To Go To Hyderabad For Cataract Surgery

05/04/2023

Live Law / by Amisha Shrivastava

Telugu poet Varavara Rao, accused in the Bhima Koregaon case, has approached the Bombay High Court seeking permission to travel to Hyderabad to undergo cataract surgery in both his eyes.
Justice R. G. Avachat issued notice to NIA in the plea challenging trial court’s order rejecting his request to travel to Hyderabad and stay there for three months. The matter was posted on January 16, 2023.
Read more


Also read:
Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court (Live Law / Sep 2022)

Advocate Surendra Gadling moves Bombay High Court for default bail

Advocate Surendra Gadling moves Bombay High Court for default bail

by Bar & Bench – Live Threads /Jan 18, 2023)

Bombay High Court is hearing the application filed by Surendra Gadling, accused in Bhima Koregaon, seeking default bail.

Advocate Yashodeep Deshmukh for Gadling: Gadling has moved an application before the High Court registrar seeking appearance in person. I thought it best to inform the court since I do not want allegations against me.

Deshmukh: If this goes in our favour then there will be no allegations. If not, then there might be allegations against me or the court. Adv Sandesh Patil for NIA: I do not have any documents. Court: Serve copy to the otherside. Place it after 2 weeks.


Got Certified Copy Of Bail Order To File Appeal After 55-Days: Bhima Koregaon Accused Surendra Gadling Justifies Delay In Default Bail Application

04/01/2023

Live Law / by Sharmeen Hakim

Advocate Surendra Gadling an accused in the Bhima Koregaon – Elgar Parishad Caste violence case has approached the Bombay High Court against rejection of his default bail application by the Special NIA Court.
In the plea under Section 21(4) of the NIA Act Gadling has blamed the prison department for the delay of nearly two months in receiving certified copies of the order of the Special Court, to justify the delay in filing the appeal.
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Bhima Koregaon accused Surendra Gadling moves Bombay High Court for default bail

04/01/2023

Bar & Bench / by Neha Joshi

The accused moved the High Court challenging an order of June 28, 2022 passed by a Special NIA Court rejecting his default bail plea.
Surendra Gadling, accused in the Bhima Koregaon violence of 2018, has approached the Bombay High Court seeking default bail in the case.
Gadling, who is presently in judicial custody, moved the Court challenging an order of June 28, 2022 by the special court rejecting his default bail application.
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HC asks NIA to respond to Surendra Gadling’s default bail plea

04/01/2023

Hindustan Times / by K A Y Dodhiya

Surendra Gadling, an accused in the Elgar Parishad case, has filed an application in the Bombay high court challenging the June 2022 rejection of his default bail plea by the special NIA (National Investigation Agency) court. Gadling has also sought condonation of the delay of ten days in filing the application, which, he said, was because of a delay on the part of the prison authorities in providing a certified copy of the order. The HC has asked NIA to respond to the issue of condonation of delay.
Read more


Also read:
● NIA special court rejects default bail application of five accused (The Leaflet / June 2022)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / Jul 2021)


By Adv Surendra Gadling Defence Committee:
With due credit to anonymous artist and to the jailed, to be jailed lawyers

Supreme Court to take up bail pleas of Vernon Gonsalves and Arun Ferreira in January

Supreme Court to take up bail pleas of Vernon Gonsalves and Arun Ferreira in January

India Legal Live / by India Legal

The Supreme Court on Friday posted the bail application of academician Vernon Gonsalves, accused in the Elgar Parishad case, for hearing in the second week of January.
The Bench led by Justice Ravindra Bhat ruled that it will take up the bail petition of Gonsalves along with the bail plea of Activist Arun Ferreira, also an accused in the Elgar Parishad Maoist link case.
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Bombay High Court allows Hany Babu to undergo cataract surgery at Mumbai’s Saifee hospital

Bombay High Court allows Hany Babu to undergo cataract surgery at Mumbai’s Saifee hospital

Hany Babu

Bombay High Court allows Hany Babu to undergo cataract surgery at Mumbai’s Saifee hospital

16/12/2022

Bar & Bench / by Narsi Benwal

The Bench also allowed the accused to meet his family members while in hospital.
The Bombay High Court on Friday allowed Delhi University professor Hany Babu, an accused in the Bhima-Koregaon violence case, to undergo cataract surgery at his own cost, in Mumbai’s Saifee Hospital.
A division bench of Justices Ajay Gadkari and Prakash Naik while permitting him to undergo the surgery, ordered the Superintendent of the Taloja Central Prison to transfer him to Saifee hospital by Monday morning.
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Bombay High Court Permits Former DU Prof Hany Babu To Undergo Cataract Surgery At Private Hospital In Mumbai

16/12/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday allowed Delhi University (DU) associate professor Hany Babu, accused in the Bhima Koregaon – Elgaar Parishad case to undergo cataract surgery at a private hospital in Mumbai.
A division bench led by Justice AS Gadkari directed Babu, currently lodged in Taloja Prison, to be escorted to the private hospital on Tuesday, further permitting hospitalisation for four days. During this time, he would also undergo diagnosis for upper abdominal pain and osteoarthritis.
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Hany Babu gets temporary bail to undergo cataract surgery

16/12/2022

Scroll.in / by Scroll Staff

The Bombay High Court also allowed the former Delhi University professor to meet his close family members during his stay in the hospital.
The Bombay High Court on Friday granted a temporary bail to former Delhi University professor Hany Babu, one of the accused persons in the Elgar Parishad case, to undergo cataract surgery, PTI reported.
A bench of Justices Ajay Gadkari and Prakash Naik passed the order. They also directed the Superintendent of the Taloja Central Prison to transfer Babu to Mumbai’s Saifee Hospital by December 19, according to Live Law.
Read more


Also read:
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

SC extends interim order granting house arrest to Gautam Navlakha till second week of January

SC extends interim order granting house arrest to Gautam Navlakha till second week of January

Gautam Navlakha

Bombay High Court seeks response from NIA on regular bail plea by Gautam Navlakha

14/12/2022

Bar & Bench / by Neha Joshi

The Bombay High Court on December 12 issued notice to the National Investigation Agency (NIA) in the regular bail plea filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case.
Navlakha moved the High Court after a special NIA court rejected his bail plea on September 5 this year.
A bench of Justices AS Gadkari and PD Naik sought the response of NIA and posted the matter for further consideration on January 9, 2023.
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Supreme Court extends interim order granting house arrest to Gautam Navlakha

14/12/2022

The Leaflet / by Sarah Thanawala

The Court allowed its grant of house custody to extend till the second week of January.
ON Tuesday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, extended the grant of house custody until the second week of January.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967. During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court.
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SC Extends House Arrest of Activist Gautam Navlakha Till Second Week of January

13/12/2022

The Wire / by The Wire Staff

The 70-year-old was named as an accused in the Elgar Parishad case by the National Investigation Agency, which has also arrested several activists, scholars and lawyers in connection with it.
The Supreme Court on Tuesday, December 13, extended till second week of January its interim order placing activist Gautam Navlakha under house arrest.
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SC further extends activist Gautam Navlakha’s house arrest

13/12/2022

India Today / Maneesha Mathur

Human rights activist Gautam Navlakha’s house arrest has been extended till the second week of January. He is an accused in the Bhima Koregaon case.
The house arrest of human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case, has been extended till the second week of January. The matter was listed before the Supreme Court for interim orders.
Read more


Also read:
Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)
Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)