case update – Page 22 – free them all

We Are Considering To Send Him On House Arrest: Supreme Court To NIA In Gautam Navlakha’s Plea

09/11/2022 Asha

‘We Are Considering To Send Him On House Arrest, Tell Us What Are The Conditions To Be Imposed’? Supreme Court To NIA In Gautam Navlakha’s Plea

09/11/2022

Live Law / by Livelaw News Network

The Supreme Court is likely to pronounce tomorrow the order on the application moved by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest on account of his medical condition.
“This Court has considered house arrest as a form of custody… All kinds of restrictions. We will try out. He’s not in the best of health,” the Top Court said after an hour-long hearing.
Read more

The corrupt destroy the country, Supreme Court counters government in Gautam Navlakha case

09/11/2022

The Hindu / by Krishnadas Rajagopal

Additional Solicitor General S.V. Raju had said that people like activist Navlakha want to destroy the country
A Supreme Court Bench stated on November 9 that it is corrupt who destroy the country, in a sharp response to the government’s claim that people like activist Gautam Navlakha, who is charged under UAPA in the Bhima Koregaon case for alleged Maoist links, “want to destroy the country and their ideology is that type”.
Read more

SC Says It May Put Gautam Navlakha Under House Arrest

09/11/2022

The Wire / by The Wire Staff

The top court asked the National Investigation Agency to inform it about the kind of restrictions that should be enforced while the activist is under house arrest.
The Supreme Court on Wednesday indicated that it may place activist Gautam Navlakha, arrested in the Elgar Parishad case, under house arrest, asking the National Investigation Agency (NIA) to inform it about the kind of restrictions that should be enforced.
The top court asked additional solicitor general (ASG) S.V. Raju, appearing for the NIA, to seek instructions and inform it.
Read more

#SupremeCourt hearing plea by activist Gautam Navlakha

Thread by Bar & Bench – Live Threads (Nov 9, 2022:)

#SupremeCourt hearing plea by activist Gautam Navlakha, accused in #BhimaKoregaon case, seeking house arrest

Sr Adv Kapil Sibal: Medical reports show he cannot receive the treatment needed in jail. [Reads from reports]

ASG SV Raju: Only got them today. Will need time to examine. Sibal continues reading
…

Read full thread

by The Times of India (Nov 9, 2022):
SC asks NIA to brief the court tomorrow on what kind of restrictions it wanted for social activist Gautam Navlakha if he is allowed to come out of jail and be kept under house arrest

Also read:
● Supreme Court directs parties to inspect Gautam Navlakha’s medical reports (The Leaflet / Oct 2022)

Supreme Court to hear on Nov 9 Navlakha’s plea seeking house arrest

21/10/2022 Asha

Supreme Court directs parties to inspect Gautam Navlakha’s medical reports

21/10/2022

The Leaflet / by The Leaflet

As the Supreme Court is set to hear Navlakha’s plea for house arrest to facilitate his medical treatment, his latest medical reports assume significance.
ON Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, permitted the parties to inspect Navlakha’s medical reports sent by Jaslok Hospital, where he was taken for urgent medical examinations.
Seventy-year old journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967, and is awaiting trial.
Read more

SC allows NIA to inspect health reports of activist Gautam Navlakha

21/10/2022

Scroll.in / by Scroll Staff

The court had ordered the authorities to admit the activist to a hospital while hearing his plea to be placed under house arrest.
The Supreme Court on Friday allowed the National Investigation Agency and other parties to the Bhima Koregaon case to inspect the health reports of activist Gautam Navlakha, reported Live Law.
The Supreme Court is hearing the activist’s petition seeking to to be placed under house arrest. Navlakha has cited his ill health and poor facilities at the Taloja Jail as reasons for his demand.
… The court adjourned the matter till November 9.
Read more

Supreme Court Allows Parties To Inspect Hospital Reports On Bhima Koregaon Case Accused Gautam Navlakha’s Health Status

21/10/2022

Live Law / by Rintu Mariam Biju

The Supreme Court of India on Friday allowed the parties to inspect the reports filed by the hospital regarding Bhima Koregaon case accused, Gautam Navlakha’s health status.
On September 29, the Supreme Court had directed for Navlakha to be taken to a hospital of choice for a thorough medical check-up after Senior Advocate Kapil Sibal argued that he had many health complications. The Hospital was also asked to submit a report to the Court based on the check-up.
A Bench of Justices KM Joseph and Hrishikesh Roy was considering a petition moved by Navlakha seeking transfer to house arrest.
Read more

SC to hear on Nov 9 Navlakha’s plea seeking house arrest

21/10/2022

The Indian Express / by Express News Service

Navlakha, who was lodged in Taloja jail, had approached the SC challenging the Bombay High Court decision rejecting the prayer to place him under house arrest.
Deferring the hearing to November 9 on a plea by Gautam Navlakha, who is behind bars under the Unlawful Activities Prevention Act (UAPA) in the Bhima Koregaon case, seeking house arrest, the Supreme Court on Friday allowed the parties to inspect his medical reports submitted by the Jaslok Hospital where he was taken for a medical check-up.
Read more

Also read:
● Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)

Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court [read order]

18/10/2022 Asha

Kabir Kala Manch Incited Hatred By Ridiculing Phrases Acche Din, Demonetization In Plays: Bombay HC [read order]

18/10/2022

Live Law / by Sharmeen Hakim

Text ridiculing phrases like ‘Ram Mandir’ and ‘Acche Din’ aimed at the democratically elected government in Kabir Kala Manch’s plays at the Elgar Parishad event in 2017 incited hatred & passion and indicate a larger conspiracy, the Bombay High Court has held.
In its detailed order refusing bail to accused Jyoti Jagtap under UAPA, the HC also took exception to the mention of ‘gomutra,’ ‘calling the PM an ‘infant,’ ‘sanatan dharma,’ ‘atrocities of peshwas towards dalits’ and ‘atrocities of dalits in today’s India’ etc.
Read more

Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court

17/10/2022

India Today / by Vidya

Jyoti Jagtap was an active member of the KKM which, during its stage play at the Elgar Parishad conclave on December 31, 2017, gave not only “aggressive but highly provocative slogans”, the court said.
The Kabir Kala Manch (KKM) admittedly performed and incited hatred by performing on an agenda in the Elgar Parishad event, the judgment passed by the division bench of Justices AS Gadkari and MN Jadhav of the Bombay High Court observed while rejecting the bail plea of one of the accused, Jyoti Jagtap.
Read more

Also read:
● Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)

Bombay High Court rejects bail petition of Kabir Kala Manch activist Jyoti Jagtap

17/10/2022 Asha

Bombay HC rejects activist Jyoti Jagtap’s bail petition

17/10/2022

Scroll.in / by Scroll Staff

A bench comprising Justices Ajay Gadkari and Milind Jadhav observed that the case filed against her by the National Investigation Agency was prima facie true.
The Bombay High Court on Tuesday rejected a bail application filed by activist Jyoti Jagtap, one of the accused persons in the Bhima Koregaon case, Bar and Bench reported.
Jagtap, who is a member of cultural organisation Kabir Kala Manch, has been in prison since September 2020. On Monday, a bench of Justices Ajay Gadkari and Milind Jadhav rejecting her bail plea, observing that the case filed against her by the National Investigation Agency was prima facie true.
Read more

Bombay High Court rejects bail plea of Jyoti Jagtap

17/10/2022

Bar & Bench / by Neha Joshi

A bench of Justices AS Gadkari and Milind Jadhav observed that the NIA case was prima facie true and considering the material against Jagtap, the appeal challenging rejection of bail by Special Court stood dismissed.
The Bombay High Court on Tuesday rejected the regular bail application filed by Jyoti Jagtap, one of the youngest accused in the Bhima Koregaon case of 2018.
Jagtap, allegedly part of the banned performance group by the name Kabir Kala Manch (KKM), had approached the High Court in appeal after a Special Court under the National Investigation Act (NIA) had rejected her bail application on February 14 this year
The high court bench of Justice AS Gadkari and Milind Jadhav, hwoever, rejected the appeal today.
Read more

Bombay High Court Denies Bail to Jyoti Jagtap

17/10/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday denied bail to Jyoti Jagtap, an accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror Unlawful Activities (Prevention) Act (UAPA).
Jagtap, 32, is allegedly a member of Kabir Kala Manch — a cultural group branded as a front organisation of the banned CPI (Maoist). She was arrested by the NIA in September, 2020.
According to NIA, Jagtap and others organised the Elgar Parishad on December 31, 2017 that led to violence the following day.
Read more

Also watch:
● Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

After 5 benches recuse, Rona Wilson seeks suitable HC bench

30/09/2022 Asha

After 5 benches recuse, Elgaar case accused seeks suitable HC bench

30/09/2022

The Indian Express / by Sadaf Modak

Wilson had, in February 2021, moved a petition before the high court citing the report of a US-based digital consultant which said that his computer was ‘infected with malware’ planted two years before his arrest in 2018. The last effective hearing before the high court on Wilson’s petition was on August 4, 2021.
Activist Rona Wilson, an accused in the Elgaar Parishad case, on Thursday told a special court that he has written to the Chief Justice of Bombay High Court seeking a suitable bench to hear and dispose of a petition filed by him in a time-bound manner, as five benches have, so far, recused themselves from hearings on the case.
Read more

Rona Wilson writes to high court CJ for early hearing of discharge plea

30/09/2022

Hindustan Times / by Charul Shah

Rona Wilson, an accused in the Elgar Parishad-Bhima Koregaon violence case, has requested the Chief Justice of Bombay high court to expedite the hearing of his discharge plea based on the report by an American digital consultancy firm.
He had approached the high court in February last year to quash the case against him and to issue directions for setting up a special investigation team headed by a retired supreme court or high court judge to conduct a forensic analysis of the electronic evidence the police claimed to have collected against the accused.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● In Bhima-Koregaon Case, More Damning Signs of Planted Evidence (article14 / March 2021)

Supreme Court Directs To Take Gautam Navlakha To Hospital Immediately

29/09/2022 Asha

Supreme Court declines Gautam Navlakha’s plea for house arrest, directs immediate medical treatment

29/09/2022

The Leaflet / by Sarah Thanawala

On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, denied petitioner Gautam Navlakha’s plea to transfer him from Taloja Central Jail, where he is currently lodged, and place him in house arrest for two weeks to enable him to undergo colonoscopy. The court, however, passed an urgent order directing Navlakha to be immediately taken for a thorough medical treatment.
Read more

Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities

29/09/2022

Live Law / by Rintu Mariam Biju

While considering the petition filed by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest, the Supreme Court on Thursday directed that he be taken to a hospital of his choice immediately for a thorough medical check-up.
The Court will consider his plea next on October 21. The hospital has been asked to submit a report to the Court based on the check-up.
Read more

Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities

29/09/2022

Scroll.in. / by Scroll Staff

The court initially read an order allowing the activist to be put under house arrest, but revised it after Solicitor General Tushar Mehta opposed the judgement.
The Supreme Court on Thursday directed the Taloja jail authorities to admit activist Gautam Navlakha to a hospital for medical check up and treatment, reported Live Law. The court said he will remain under police custody during his treatment.
Read more

Day to day hearing of discharge applications in Bhima Koregaon – Elgar Parishad case begins

27/09/2022 Asha

Day to day hearing of discharge applications in Elgar Parishad case begins

28/09/2022

India Today / by Vidya

A special National Investigation Agency court in Mumbai began a day-to-day hearing of four discharge applications filed by the Elgar Parishad.
Highlights
▪ Mumbai’s special National Investigation Agency court began a day-to-day hearing in Elgar Parishad case
▪ The court to hear four discharge applications filed by the accused
▪ Three more discharge applications were filed on Tuesday
… Procedurally, courts hear the discharge applications, and if it finds no material against the accused in the charge sheet filed by the investigators, it discharges the accused.
However, if the court finds substantial evidence, the discharge plea gets rejected, and a full-fledged trial ensues.
Read more

Bhima Koregaon case trial process begins over four years after case was registered

28/09/2022

Scroll.in / by Scroll Staff

An NIA court started hearing a discharge plea filed by Sudhir Dhawale, one of the accused persons.
A Mumbai court on Tuesday started hearing the first of the seven discharge applications filed by accused persons in the Bhima Koregaon case, Bar and Bench reported. The hearing marks the beginning of the trial process in the case four years after it was filed in 2018.
The development came after the Supreme Court, on August 19, ordered a National Investigation Agency court to decide on framing charges against the accused persons within three months.
Read more

Mumbai Court begins hearing discharge applications of accused

28/09/2022

Bar & Bench / by Neha Joshi

The Court also rejected an application filed by octogenarian P Varavara Rao seeking permission to live in Hyderabad for 3 months in order to conduct cataract surgery.
A Mumbai court on Tuesday began hearing the first of the seven discharge applications filed by the accused in the Bhima Koregaon case of 2018.
The hearing on discharge is the first step towards framing of charges, thus, kick-starting the trial in the case which has been pending in the pre-trial stage since 2018.
This development comes in compliance with the directions of the Supreme Court in August asking the special court to decide on framing of charges within 3 months.
Read more

Three more accused, including activist Navlakha, seek discharge in Elgar case

27/09/2022

The New Indian Express / by pti

While Navlakha and Babu are currently in jail under judicial custody, Bharadwaj is out on bail.
Activists Gautam Navlakha, Sudha Bharadwaj and Delhi University professor Hany Babu, all accused in the Elgar Parishad-Maoist links case, on Tuesday moved discharge applications before the special National Investigation Agency (NIA) court here …
Meanwhile, the court on Tuesday heard the arguments on the discharge plea of another accused, Sudhir Dhawale. The arguments will continue on Wednesday …
The discharge pleas of some other accused – Jyoti Jagtap, Anand Teltumbde and Mahesh Raut – were also pending before the court.
Read more

SC Seeks Responses On Gautam Navalkha’s Plea For House Arrest / Setalvad’s Personal Plea

27/09/2022 Asha

Live Law / by Rintu Mariam Biju

The Supreme Court of India on Tuesday sought the responses of the National Investigation Agency and State of Maharashtra in a petition moved by Gautam Navalkha seeking to be placed in house arrest instead of Taloja jail in connection with the Bhima Koregaon case.
A bench comprising Justices KM Joseph and Hrishikesh Roy, while considering the matter, asked the counsel appearing for the petitioner to brief them on the present plea.
… The matter will be next taken up on September 29
Read more

A Home Behind Bars: Teesta Setalvad’s Personal Plea for ‘House Arrest’ for Political Prisoners

28/09/2022

The Wire / by Teesta Setalvad

The activist-writer, herself incarcerated for 63 days this June-September, makes a strong plea for the recognition of political prisoners and the option of house arrest – if at all, they deserve incarceration.
The prison, it is famously said, holds a mirror to society. The conditions within prisons, to stretch this analogy further, reflect the quality of any democracy. By that yardstick, India needs a hard and harsh soul-search. Not only has our collapsing criminal justice system ensured a mockery of reasonably speedy trials but tardy and often skewed (if not biased) investigations and prosecutions have ensured that undertrials languish unforgotten in our jails, for decades.
Read more

Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in case

26/09/2022 Asha

Allowing Varavara Rao to travel will delay framing of charges, says NIA court

27/09/2022

Scroll.in / by Scroll Staff

The 83-year-old activist had told the judge that he has cataracts in both eyes and the condition requires surgery.
Framing of charges in the Elgar Parishad case will get delayed if Varavara Rao is allowed to travel to Hyderabad for cataract surgery, a National Investigation Agency court has said while denying permission to the activist, Live Law reported.
Rao was denied permission to travel by the court on Friday. A detailed order was made available on Monday.
Read more

Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court

26/09/2022

Live Law / by Live Law News Network

Observing that framing of charges in the 2018 Bhima Koregaon-Elgar Parishad caste violence case will get delayed, the Special Court last week rejected poet-accused Varavara Rao’s application to undergo cataract treatment in Hyderabad.
Special Judge Rajesh Katariya cited the recent SC judgement granting Rao bail in which it was said that a decision on framing of charges must be taken within three months.
Read more

Special NIA court rejects Varavara Rao’s plea to go home, says it has to frame charges in Elgar Parishad case

26/09/2022

India Toda / by Vidya

The NIA opposed the application, saying the treatment sought by Rao was available in Mumbai and that he was only seeking to nullify the SC’s terms for granting him medical bail.
A special NIA court in Mumbai has rejected the request of Telugu poet and Elgar Parishad accused Varavara Rao to go to Hyderabad for three months to undergo cataract surgery. The court said it had to frame charges against the accused within the next three months and so rejected the request.
Read more

Also read:
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

Court rejects Varavara Rao’s plea for short stay in Hyderabad for cataract surgery

23/09/2022 Asha

Court rejects Varavara Rao’s plea for short stay in Hyderabad for cataract surgery

24/09/2022

Hindustan Times / by Charul Shah

The special National Investigation Agency (NIA) court on Friday rejected the plea of Telugu poet Varavara Rao, an accused in the Elgar Parishad – Bhima Koregaon violence case, seeking permission for a short stay in Hyderabad for undergoing cataract surgery.
Read more

Court Rejects Varavara Rao’s Plea To Go To Hyderabad For Eye Surgery

23/09/2022

Outlook India / by pti

A special National Investigation Agency (NIA) court in Mumbai on Friday rejected the plea of poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, seeking permission to travel to Hyderabad for cataract surgery.
The Supreme Court had, in August, granted medical bail to the 82-year-old activist, with his bail conditions being set by the special NIA court presiding over the case.
Read more

Also read:
● Varavara Rao told to remain in Mumbai, not to make statement on case to media (The Indian Express / Aug 2022)
● Supreme Court grants permanent medical bail to P. Varavara Rao in Bhima Koregaon case (The Leaflet / Aug 2022)