case update – Page 15 – free them all

SC Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023 Asha

Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap

11/07/2023

The Leaflet / by Sarah Thanawala

The division Bench of the Supreme Court directed the National Investigation Agency (NIA) and Maharashtra government to file counter affidavits within a period of three weeks.
On Tuesday, the Supreme Court allowed the respondents to file counter affidavits within a period of three weeks in the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
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Supreme Court Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday adjourned the hearing in the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap, saying that the judgments on the bail applications of co-accused Vernon Gonsalves and Arun Ferreira are expected to be delivered next week.
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Also read:
● SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail (The Print / May 2023)
● Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira (The Leaflet / March 2023)
● Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)

Another hearing and the question of furnishing copies of evidence to the accused remains unanswered

01/07/2023 Asha

The Leaflet / by Sarah Thanawala

In a plea for providing the accused copies of police reports and other documents under Section 207 of the Code of Criminal Procedure, a special NIA court has directed the NIA to file an affidavit in respect of the electronic evidence that was seized from the accused persons and ensure compliance by providing them with copies.
On Saturday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria resumed its hearing of applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
The plea is for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC).
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Also read:
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Bombay HC directs NIA to file reply on Gautam Navlakha’s fresh bail application, next hearing on July 25

28/06/2023 Asha

The Leaflet / by Sarah Thanawala

On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige heard a fresh bail application filed by journalist and human rights activist Gautam Navlakha.
The Bench also directed the National Investigation Agency (NIA) to file its reply. The NIA counsel told the court that the reply would be filed by this evening or tomorrow.
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NIA opposes Mahesh Raut’s bail plea in Bombay High Court

27/06/2023 Asha

NIA opposes Mahesh Raut’s bail plea in Bombay HC

27/06/2023

The Indian Express / by Express News Service

A division bench of Justices Ajey S Gadkari and Shivkumar G Dige posted the hearing on Mahesh Raut’s bail application to July 12.
The National Investigation Agency (NIA) opposed a regular bail plea by Elgaar Parishad case accused Mahesh Raut in the Bombay High Court saying there is sufficient material evidence against Raut to show his involvement in the crime for offences under the Unlawful Activities (Prevention) Act and his bail plea was rightly rejected by the special NIA court earlier.
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Bail not justiciable for Bhima Koregaon accused Mahesh Raut, his acts were against interest of society: NIA to Bombay High Court

27/06/2023

Bar & Bench / by Neha Joshi

NIA stated in its affidavit that it found evidence to show that the proscribed Communist Party of India (Maoist) had given Raut ₹5 lakh.
It is not justifiable for an accused under the Unlawful Activities Prevention Act (UAPA) to seek bail on constitutional grounds when his acts are against the interests of the State and society, the National Investigation Agency (NIA) has told the Bombay High Court.
Through an affidavit filed this week, the agency opposed the regular bail plea filed by Mahesh Raut, an accused in the Bhima Koregaon case of 2018. Raut sought bail invoking Articles 14 and 21 of the Constitution of India.
… A Bench of Justices AS Gadkari and SG Dige posted Raut’s bail for hearing on July 12.
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NIA Opposes Bail Plea of Bhima Koregaon Case Accused Mahesh Raut, Citing Anti-State Acts

27/06/2023

Free Press Journal / by Urvi Mahajani

The NIA argues that seeking relief on constitutional grounds is unfounded when the accused’s actions themselves are against the welfare of the state and society.
The National Investigation Agency (NIA) has vehemently opposed the bail plea of Mahesh Raut, an accused in the Elgar Parishad – Bhima Koregaon case, arguing that it is unjustifiable for someone charged under the Unlawful Activities (Prevention) Act (UAPA) to seek bail on constitutional grounds when their actions are contrary to the interests of the State and society.
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Also read:
● 4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / June 2017)

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

12/06/2023 Asha

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

12/06/2023

Bar & Bench / by Neha Joshi

The special NIA court had rejected Navlakha’s plea for the second time, after re-hearing the same as directed by the High Court.
The Bombay High Court Monday issued notice to the National Investigation Agency (NIA) on a bail plea filed by activist Gautam Navlakha in the Bhima Koregaon violence case of 2018.
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Gautam Navlakha Again Moves Bombay High Court Seeking Bail In Bhima Koregaon Case, Notice Issued To NIA

12/06/2023

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday issued notice to the NIA on a fresh bail application filed by senior journalist Gautam Navlakha arrested in the Bhima Koregaon – Elgar Parishad case and is accused of having CPI(Maoist) links.
The division bench headed by Justice AS Gadkari will now hear the matter on June 28, 2023.
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Bombay High Court Issues Notice In Bhima Koregaon Accused Gautam Navlakha’s Bail Plea, NIA To File Reply In 2 Weeks

12/06/2023

Lawbeat / by Raj Bhojani

Navlakha has filed the appeal against the order of the special court which rejected his bail plea twice.
The Bombay High Court on Monday issued notice to the National Investigation Agency and sought its reply in the bail appeal filed by the Bhima Koregaon accused Gautam Navlakha.
The division bench of Justices AS Gadkari and SG Dige asked the counsel for both parties to point out the order in which all the correct facts are recorded because there were multiple orders passed in the case.
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Bombay HC issues notice to NIA in Gautam Navlakha’s fresh appeal against rejection of bail plea

12/06/2023

The Indian Express / by Express News Service

The Bombay High Court on Monday issued notice to the National Investigation Agency (NIA) seeking its response to Elgaar Parishad case accused Gautam Navlakha’s fresh appeal challenging a special NIA court’s order that had rejected his bail application in April this year.
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Also read:
● Gautam Navlakha moves HC against NIA court’s rejection of bail plea (The Indian Express / April 2023)
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Shoma Sen’s discharge application at NIA asserts discrepancies in evidence against her

05/06/2023 Asha

The Leaflet / by Sarah Thanawala

Shoma Sen, an accused in the case along with 15 other activists and academics, has been charged under the Unlawful Activities Prevention Act (UAPA). Sen has been incarcerated as an undertrial since June 6, 2018, and is lodged at the Byculla jail in Mumbai.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria continued hearing a discharge application filed by women’s rights activist and academic Shoma Sen, claiming discrepancies in the evidence against her in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case, and drawing a parallel with the allegations raised against Dalit scholar, academic activist and co-accused Dr Anand Teltumbde.
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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)
● US-based forensic analysis group finds incriminating documents “planted” in Rona Wilson’s computer; Wilson challenges his prosecution in Bombay HC (The Leaflet / Feb 2021)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

HC division bench to hear Varavara Rao’s plea for cataract surgery in Hyderabad

05/06/2023 Asha

Bombay High Court asks Varavara Rao to move division bench for permission to travel to Hyderabad for cataract surgery

05/06/2023

Bar & Bench / by Neha Joshi

Single-judge Justice SV Kotwal observed that the application by Rao amounted to seeking modification of his bail conditions as per which Rao cannot leave Mumbai during the trial.
The Bombay High Court on Monday directed P Varavara Rao, accused in the Bhima Koregaon violence case, to approach a division bench of the High Court for permission to travel from Mumbai to Hyderabad to undergo cataract surgery.
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HC division bench to hear Varavara Rao’s plea for cataract surgery in Hyderabad

05/06/2023

The Indian Express / by Express News Service

In his plea, Varavara Rao said the surgery was expensive in Mumbai and that he was entitled to free medical treatment up to Rs 2 lakh in Telangana as he is a pensioner.
The Bombay High Court on Monday directed Telugu poet and activist Varavara Rao, who is an accused in the Elgaar Parishad case, to approach a division bench of the high court with his plea to get cataract surgery done free-of-cost in Hyderabad, Telangana.
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by Live Law / @LiveLawIndia (June 5, 2023):
Bombay High Court hearing octogenarian accused P Varavara Rao’s plea to undergo cataract treatment in Hyderabad asks his counsel to approach the division bench as it would require modification of his bail condition.

Also read:
● Can Varavara Rao get free cataract surgery in Hyderabad? HC seeks NIA response (The Indian Express / April 2023)
● Bombay High Court seeks response from NIA on plea by Varavara Rao to undergo cataract surgery at Hyderabad (Bar & Bench / Jan 5, 2023)
● Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court (Scroll.in / Sep 2022)

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

15/05/2023 Asha

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.
On Monday, a division Bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, allowed journalist and human rights activist Gautam Navlakha time until August 18 to find another suitable place for house arrest 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

04/05/2023 Asha

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.
Read more

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

03/05/2023 Asha

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)