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Bombay HC bench recuses from hearing pleas of Hany Babu and Gautam Navlakha

Bombay HC bench recuses from hearing pleas of Hany Babu and Gautam Navlakha

Bombay HC bench recuses from hearing pleas of Hany Babu and Gautam Navlakha

09/06/2022

Scroll.in / by Scroll Staff

Babu had filed a bail application while Navlakha requested access to phone calls in the Taloja prison.
A Bombay High Court bench on Wednesday recused itself from hearing two separate petitions filed by former Delhi University professor Hany Babu and human rights activist Gautam Navlakha, both accused in the Elgar Parishad case, PTI reported.
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Bombay HC Judge Justice Revati Mohite Dere recuses from hearing plea by accused

08/06/2022

Bar & Bench / by Narsi Benwal

Justice Dere is not the only judge to recuse from hearing Bhima Koregaon cases. Previously, Justices Sadhana S Jadhav, PB Varale and SS Shinde had recused from hearing cases related to Bhima Koregaon.
Bombay High Court’s Justice Revati Mohite Dere on Wednesday recused herself from hearing two applications, one by Delhi University’s Prof. Hany Babu and the other by rights’ activist Gautam Navlakha, both accused in the Bhima-Koregaon violence case.
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Also read:
3 years after Bhima Koregaon: How criminal law was violated (The Leaflet / June 2021)

Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each

Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each

The Leaflet / by Sarah Thanwala

In the Elgar Parishad-Bhima Koregaon case, leading activists, lawyers, scholars and artists have been arrested without trial under the charges of the Indian Penal Code and Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). According to the police, allegedly provocative statements and speeches made at the Elgar Parishad meeting in Pune on December 31, 2017, instigated the violence at Bhima Koregaon the following day on January 1, 2018 that led to death of one and injuries to several others …

The Leaflet brings to its readers a brief profile of each of the arrested persons, and the developments in the case pertaining to each.
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International visits by Anand Teltumbde were to further maoist agenda: NIA to Mumbai Court

International visits by Anand Teltumbde were to further maoist agenda: NIA to Mumbai Court

International visits by Anand Teltumbde were to further maoist agenda: NIA to Mumbai Court

05/05/2022

Bar & Bench / by Neha Joshi

The central agency’s submission came in response to a discharge application filed by Teltumbde in the case linked to the Elgar Parishad event which allegedly led to the violence at Bhima Koregaon in 2018.
Bhima Koregaon accused Anand Teltumbde’s international visits were to further Communist Party of India (Maoist) activities, National Investigation Agency (NIA) has told a Mumbai court [Sudhir Dhawale & Ors. v. NIA].
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Letter shows motive behind Koregaon incident: NIA

05/05/2022

The Times of India / by Rebecca Smervel

In a detailed reply seeking dismissal of activist Sudhir Dhawale’s discharge plea in the 2018 Elgar Parishad case, the National Investigation Agency cited a letter and said it showed the intentions behind the Bhima Koregaon incident as it is mentioned that Dalit sentiments were clearly against the Brahmin-centered agenda of BJP and RSS.
The NIA also opposed the discharge plea of arrested academician Anand Teltumbde.
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Anand Teltumbde visited foreign countries to spread Maoist ideology, alleges NIA

05/05/2022

Scroll.in / by Scroll Staff

The central agency made the submission in response to a bail plea filed by the activist.
Activist Anand Teltumbde, who is an accused person in the Bhima Koregaon case, used to visit foreign countries to spread the ideology of the banned Communist Party of India (Maoist), the National Investigation Agency told a Mumbai court on Wednesday, PTI reported.
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Also read:
Key evidence against jailed activists planted using malware, says forensic report (Scroll.in / Feb 2021)

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

04/05/2022

The Leaflet / by Sabah Gurmat

The Bombay High Court earlier today dismissed a petition filed by eight activists, academics and lawyers accused in the Bhima Koregaon (Elgar Parishad) violence case, who sought review of an earlier order which dismissed their appeal for default bail.
A plea seeking default bail was filed by P. Varavara Rao, Vernon Gonsalves, Arun Ferreira, Sudhir Dhawale, Shoma Sen, Rona Wilson, Mahesh Raut and Surendra Gadling.
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Bombay HC Says Won’t Review Refusal of Default Bail to 3 Activists

04/05/2022

The Wire / by The Wire Staff

Varavara Rao, Arun Ferreira and Vernon Gonsalves’ petition said the high court’s previous order was based on a “factual error”.
The Bombay high court on Wednesday dismissed a petition filed by Varavara Rao and two other activists, arrested in the Elgar Parishad case, seeking a review of an earlier order of the high court which refused them default bail.
The high court said it finds it difficult to hold there was any factual error in its earlier judgement and requires a review.
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Bombay HC Rejects Review Plea Seeking Default Bail To Varavara Rao, Vernon Gonsalves & Arun Ferreira

04/05/2022

Live Law / by Sharmeen Hakim

The Bombay High Court has rejected a review application filed by three accused in the Bhima Koregaon – Elgar Parishad Case seeking bail and factual corrections in the order refusing them default bail.
The court disposed of a review application filed by the three, seeking factual corrections in the order refusing them default bail and subsequently release.
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Bombay High Court rejects default bail plea of Varavara Rao, Arun Ferreira, Vernon Gonsalves

04/05/2022

Bar & Bench / by Neha Joshi

The review application by Varavara Rao, Arun Ferreira and Vernon Gonsalves claimed there was factual error in the High Court’s December 2021 judgment, which if not rectified, will lead to “gross miscarriage of justice”.
The Bombay High Court on Wednesday rejected the plea filed by three accused Varavara Rao, Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case seeking review of the High Court’s December 2021 judgment refusing them default bail. [P Varavara Rao & Ors. v. State of Maharashtra & Anr.]
Read more


Also read:
Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’ (The Wire / Dec 2021)
‘Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment (Live Law / Dec 2021)

Four accused move special NIA court seeking discharge application ahead of framing of charges

Four accused move special NIA court seeking discharge application ahead of framing of charges

Four accused move special NIA court in Mumbai seeking discharge application

30/04/2022

The Leaflet / by Sabah Gurmat

After the youngest accused in the Bhima Koregaon (Elgar Parishad) case, Jyoti Jagtap of the Kabir Kala Manch [KKM] filed an application on Wednesday seeking discharge, more accused have approached the National Investigation Agency [NIA]’s special court seeking discharge from all the charges imposed against them in the 2018 case.
Among the other accused, scholar, writer and activist Anand Teltumbde, activist Mahesh Raut, and activist and publisher Sudhir Dhawale sought discharge from charges in the Bhima Koregaon violence case.
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Three accused seek discharge in Elgar Parishad case ahead of framing of charges

29/04/2022

India Today / by Vidya

Three more accused have filed discharge applications in the Elgar Parishad case ahead of the framing of charges.
Three more accused have filed applications seeking discharge ahead of the framing of charges against them in the Elgar Parishad case. Accused professor Anand Teltumbde, Dalit scholar Sudhir Dhawale and activist Mahesh Raut have filed the applications. The Special Court under the National Investigation Agency (NIA) Act will now be hearing the four discharge applications, including that of Jyoti Jagtap.
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Activist Anand Teltumbde moves discharge application

28/04/2022

The New Indian Express / by pti

Activist Anand Teltumbde, an accused in the Elgar Parishad-Maoist link case, on Thursday moved a discharge application before the special National Investigation Agency (NIA) court here, stating that the probe agency has not produced any material to show that he is a member of CPI (Maoist) or his alleged role in the case.
… Besides Teltumbe, other accused Sudhir Dawale and Mahesh Raut also sought discharge from the case.
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Anand Teltumbde seeks discharge from Bhima Koregaon case, says no material to show he is linked to CPI (Maoist)

28/04/2022

Free Press Journal / by Staff Reporter

Regarding an allegation of the National Investigation Agency (NIA) that he is a member of the banned organization, he has pointed out that a witness cited by the NIA in its supplementary charge sheet had mentioned a book authored by him titled ‘Anti-Imperialism and Annihilation of Caste’.
Professor and Dalit scholar Anand Teltumbde accused in the Bhima-Koregaon case has sought a discharge from the case, stating in his plea that the investigating agency has not produced any material before the court to show that he is a member of the banned Communist Party of India (Maoist).
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One accused files discharge plea in special court, five more intend to do so today

28/04/2022

The Indian Express / by Express News Service

Special judge Dinesh E Kothalikar said the Bombay High Court has directed that the case be proceeded with on a daily basis and that he expects cooperation from both parties so that charges can be framed.
In the Elgaar Parishad case, accused Jyoti Jagtap filed a discharge application on Wednesday, while five others also sought to file discharge pleas on Thursday before the special court. The court had directed all accused to remain present before the court on Wednesday to proceed with framing of charges against them.
Read more


Also read:
Charges to be framed next week, all accused asked to remain present in court (The Indian Express / April 2022)
NIA files draft charges against accused in Elgar Parishad case (India Today / Aug 2021)

Jyoti Jagtap files discharge plea in special court, five more intend to do so

Jyoti Jagtap files discharge plea in special court, five more intend to do so

One accused files discharge plea in special court, five more intend to do so today

28/04/2022

The Indian Express / by Express News Service

Special judge Dinesh E Kothalikar said the Bombay High Court has directed that the case be proceeded with on a daily basis and that he expects cooperation from both parties so that charges can be framed.
In the Elgaar Parishad case, accused Jyoti Jagtap filed a discharge application on Wednesday, while five others also sought to file discharge pleas on Thursday before the special court. The court had directed all accused to remain present before the court on Wednesday to proceed with framing of charges against them.
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Jyoti Jagtap files for discharge

27/04/2022

Hindustan Times / by Charul Shah

The Elgaar Parishad was an event held on December 31, 2017, in Pune’s Shaniwar Wada to commemorate the anniversary of the Battle of Koregaon Bhima. It had approximately 35,000 people in attendance.
Jyoti Jagtap, arrested by the National Investigation Agency (NIA) for her purported involvement in the Elgar Parishad case, on Wednesday filed for discharge citing a lack of evidence against her.
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Youngest accused Jyoti Jagtap moves Special Court for discharge

27/04/2022

Bar & Bench / by Neha Joshi

Jagtap was arrested on September 8, 2020 and a chargesheet was filed in October 9, 2020.
Kabir Kala Manch (KKM) member and youngest accused in the Bhima Koregaon case Jyoti Jagtap has filed an application before the Special Court seeking discharge from all charges in the 2018 case.
Read more


Also read:
● Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
NIA files draft charges against accused in Elgar Parishad case (India Today / Aug 2021)

Bombay HC Dismisses Gautam Navlakha’s Plea To Shift Him To House Arrest [read judgement]

Bombay HC Dismisses Gautam Navlakha’s Plea To Shift Him To House Arrest [read judgement]


Desolation of the anda cell / drawing by Arun Ferreira

Jail authorities should have considered books as an essential commodity during COVID: Bombay HC [read judgement]

27/04/2022

Bar & Bench / by Satyendra Wankhade

“During such terrible times, nothing more could have provided solace to a jail inmate than a book of his choice,” a Bench of Justices SB Shukre and GA Sanap said.
Jail authorities should have considered books as an essential commodity during COVID-19 pandemic, the Bombay High Court observed while dismissing a plea filed by Bhima Koregaon accused Gautam Navlakha requesting to be transferred to house arrest from jail [Gautam Navlakha v. National Investigation Agency & Anr.]
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Read judgement


Bombay High Court dismisses Gautam Navlakha’s plea seeking transfer from jail to house arrest

26/04/2022

The Indian Express / by Omkar Gokhale

A division bench of Justice Sunil B Shukre and Justice Govinda A Sanap also directed the Superintendent of Taloja central prison to ensure medical facilities are provided to the petitioner.
The Bombay High Court Tuesday dismissed a plea by Gautam Navlakha, an accused in the Elgaar Parishad case, seeking transfer from the Taloja Central Prison in Navi Mumbai to judicial custody in the form of house arrest, alleging denial of basic medical care and other necessities.
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Bombay high court dismisses activist Gautam Navlakha’s plea of being shifted from jail to ‘house arrest’

26/04/2022

The Times of India / by Swati Deshpande

The Bombay high court on Tuesday dismissed a petition filed filed by activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist link case, seeking that he be placed under house arrest instead of judicial custody in the Taloja Jail as it lacked basic facilities.
He had cited poor health and inadequate medical facilities and lack of basic necessities in prison, as grounds forseeking the shift.
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Bombay High Court Dismisses Gautam Navlakha’s Plea To Shift Him To House Arrest

26/04/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Tuesday dismissed a petition by senior journalist Gautam Navlakha seeking to shifted out of Taloja Prison and be placed under house arrest, instead, in the Bhima Koregaon – Elgar Parishad Caste violence case.
A division bench of Justices Sunil Shukre and GA Sanap said that whatever grievances Navlakha had in prison could be placed before the trial court for appropriate action.
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Bombay High Court dismisses Gautam Navlakha plea to be moved from prison to house arrest

26/04/2022

Bar & Bench / by Neha Joshi

Navlakha was granted liberty to bring to the attention of the Special NIA Judge all difficulties faced by him, which the judge was directed to redress as per law.
The Bombay High Court on Tuesday dismissed the plea filed by Bhima Koregaon accused Gautam Navlakha to be transferred from Taloja Prison and placed under house arrest instead.
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Varavara Rao pleas dismissed, HC asks prison to adopt measures to improve medical facilities [read order]

Varavara Rao pleas dismissed, HC asks prison to adopt measures to improve medical facilities [read order]

Bombay HC gives reasons for denying permanent bail to Varavara Rao, directs review of medical facilities in all prisons in Maharashtra [read order]

23/04/2022

The Leaflet / by Sarah Thanawala

On Friday, the Bombay High Court’s division bench of justices Sunil B. Shukre and G.A. Sanap passed the reasoned order to extend the temporary bail, of poet-activist and Bhima Koregaon case accused P. Varavara Rao, by three months.  The Court had earlier passed the initial order on April 13 to this effect.
The Court was hearing a batch of petitions filed by Rao, which prayed for modification of the High Court’s previous order releasing him on temporary medical bail on the condition that he wouldn’t leave the jurisdiction of Mumbai. Rao had prayed to the court to modify his temporary release into a permanent medical bail and to allow him to move to Hyderabad, where his family resides, as the cost of living in Mumbai was very high for him.
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Read order


Take Corrective Measures So Accused Can’t Cite Poor Medical Facilities To Seek Bail: Bombay HC To Jail Authorities On Dismissing Varavara Rao’s Plea

23/04/2022

Live Law / by Sharmeen Hakim

The Bombay High Court has issued certain directions for improving prison conditions and medical facilities therein, so that complaints of Bhima Koregaon accused Varavara Rao as well as those made by other prison inmates are addressed, and there is no scope for them to seek bail on those grounds in the future.
“If the strict view of the matter is not taken and appropriate directions are not issued to rectify the deficiencies, all the under-trial prisoners would make a grievance of the same and apply for bail,” their order refusing permanent bail on medical grounds to Rao.
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Varavara Rao pleas dismissed, HC asks prison to adopt measures to improve medical facilities

23/04/2022

The Indian Express / by Express News Service

Senior advocate Anand Grover, representing Rao, who was arrested in August 2018, had contended that Varavara Rao’s condition was worsening due to Parkinson’s and his health is incompatible with the environment of Taloja central jail.
The Bombay High Court, while dismissing pleas filed by Elgaar Parishad case accused Varavara Rao, who had sought permanent medical bail and permission to shift to Hyderabad citing ill health and high expenses in Mumbai, has directed that corrective measures be adopted to improve conditions and medical facilities at state prisons.
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‘Seriousness & Severity Of Crime Would Remain Till Such Time The Accused Is Pronounced Not Guilty’: Bombay HC While Rejecting Varavara Rao’s Bail Plea

23/04/2022

Live Law / by Sharmeen Hakim

Refusing to grant permanent bail on medical grounds to Bhima Koregaon – Elgar Parishad accused poet Varavara Rao the Bombay High Court said that prima facie observations regarding “seriousness and severity” of the crime he is accused of would remain till he is pronounced “not guilty.”
Therefore, based on Rao’s sound clinical summary dated December 15, 2021, and the allegations against him of being the “main conspirator,” he was not entitled to medial bail, the court held.
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Charges to be framed next week, all accused asked to remain present in court

Charges to be framed next week, all accused asked to remain present in court

The Indian Express / by Sadaf Modak

The NIA had submitted draft charges in August last year based on which the court will decide on the charges to be framed against the accused.
The special court hearing the Elgaar Parishad case on Tuesday directed both the accused and the National Investigation Agency (NIA) to take steps to proceed with the case and asked all accused to remain present for the hearing next week, on April 27, for framing of charges.
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Also read
Cyber Attackers Who Targeted Rona Wilson Could Have Been Engaged by Same Entity: Report (The Wire / Feb 2022)
Accused in the Bhima Koregaon – Elgar Parishad case have approached the Bombay High Court to stay till clone copies of electronic evidence is provided (Live Law / Aug 2021)
NIA files draft charges against accused in Elgar Parishad case (India Today / Aug 2021)

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Justice Sadhana Jadhav Of Bombay High Court, The Third Judge To Recuse From Hearing Petitions In Bhima Koregaon Case This Year

19/04/2022

Live Law / Sharmeen Hakim

A third judge of the Bombay High Court, Justice Sadhana Jadhav, recused from hearing a clutch of petitions in the Bhima Koregaon – Elgar Parishad case this year, including two petitions alleging the planting of electronic evidence through malware.
Justice Jadhav said no Elgar Parishad matters to be placed before her. the judge had earlier recused from hearing BK matters in 2019 and 2020, as well.
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Justice Sadhana Jadhav recuses herself from hearing pleas in Bhima Koregaon case

19/04/2022

Scroll.in / by Scroll Staff

She is the third Bombay High Court judge to withdraw from hearing petitions in the caste violence case this year.
Justice Sadhana Jadhav of the Bombay High Court on Tuesday recused herself from hearing petitions filed in the Bhima Koregaon case, Live Law reported. Jadhav is the third Bombay High Court judge to withdraw from the hearing the petitions related to the case this year.
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Justice Jadhav recuses from Bhima Koregaon cases, third Bombay HC judge to recuse

19/04/2022

Bar & Bench / by Neha Joshi

Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
A third Bench of the Bombay High Court led by Justice Sadhana S Jadhav on Tuesday recused from hearing a clutch of petitions filed in the Bhima Koregaon case of 2018.
Justice Jadhav is the third judge to recuse from the case. Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
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Also read
Judge recuses from Elgar Parishad cases, new bench to hear pleas (India Today / Feb 2022)