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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)

Umar Khalid statement that he was invited to Elgar Parishad among additional evidence submitted by NIA

Umar Khalid statement that he was invited to Elgar Parishad among additional evidence submitted by NIA


Drawing by Arun Ferreira

Umar Khalid Claims He Was Invited To Elgar Parishad By Former Judge Of Bombay High Court

17/04/2022

Live Law / by Live Law News Network

The National Investigating Agency (NIA) submitted a bunch of additional documents and witness statements to the court in the 2018 Bhima Koregaon – Elgar Parishad Case, in which student rights activist Umar Khalid claims that he heard that BJP-RSS persons had attacked visitors at the Bhima-Koregaon, near Pune.
On January 1, 2018 several Dalit’s had gathered to commemorate a 200th anniversary of the battle in which the British, with the support of Dalits, defeated the Peshwa army.
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Former Bombay High Court judge Justice BG Kolse-Patil invited me to Elgar Parishad: Umar Khalid to NIA

15/04/2022

Bar & Bench / by Neha Joshi

The statement by Khalid forms part of the additional documents which the central agency submitted to the Special NIA Court in Mumbai in the Bhima Koregaon riots case of 2018 allegedly linked to the Elgar Parishad event.
The National Investigation Agency (NIA) has recorded statement of former Jawaharlal Nehru University (JNU) student and member of Unite against Hate organisation Umar Khalid in connection with the Bhima Koregaon case of 2018 allegedly linked to the Elgar Parishad event of December 31, 2017.
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Umar Khalid statement among additional evidence submitted by NIA to court

15/04/2022

The Indian Express / by Sadaf Modak

In the evidence submitted to the court, the NIA has included the statement of Khalid, recorded in the office of the deputy superintendent of Tihar jail in New Delhi, where he is lodged in connection with the Delhi riots case.
Nearly two years since the last arrests were made in the Elgaar Parishad case, the National Investigation Agency (NIA) last week submitted before the special court additional evidence running into seven volumes, including the statement of student activist Umar Khalid and documents related to Stan Swamy, the Jesuit priest who passed away last year while in judicial custody.
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Heard of BJP-RSS attack day after being at Elgar Parishad, says Umar Khalid

15/04/2022

The Times of India / by Rebecca Samervel

Among the additional documents submitted as evidence against the accused in the Elgar Parishad case is the statement of former JNU student leader Umar Khalid, who said that a day after attending the Elgar Parishad meeting in Pune, where he delivered a speech, he came to know that BJP and RSS members attacked those who had come to visit Koregaon Bhima.
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Bombay HC rejects Varavara Rao’s permanent bail plea; extends temporary bail

Bombay HC rejects Varavara Rao’s permanent bail plea; extends temporary bail

Bombay HC dismisses Varavara Rao’s plea seeking permanent bail, extends medical bail

13/04/2022

The Indian Express / by Express Web Desk

The court found said it some substance in contentions raised by the petitioner over conditions at Taloja central prison and said that it noted some deficiencies and passed directions in that regard.
The Bombay High Court Wednesday dismissed pleas filed by Elgaar Parishad accused Varavara Rao, who had sought permanent medical bail and permission to shift to Hyderabad in Telangana citing ill health and high expenses in Mumbai. However, the court extended the interim bail granted to Rao by three months to undergo cataract surgery.
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Bombay High Court Extends Temporary Bail Of Varavara Rao By 3 Months On Medical Grounds; Refuses Permanent Bail

13/04/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday refused to grant permanent medical bail to Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao. It however extended the period of temporary bail by three months for his cataract operation and issued directions to expedite the trial. The Court has also refused him permission to reside at his home in Telangana.
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Bombay HC rejects plea by Varavara Rao for permanent bail; extends temporary bail for 3 months

13/04/2022

Bar & Bench / by Neha Joshi

A bench of SB Shukre and GA Sanap also rejected the application by Rao to stay in Telangana during the duration of bail.
“The present petition seeking permanent bail is dismissed. Plea seeking modification of bail to go to Telangana is dismissed,” the Court said.
The Court, however, extended for three more months an earlier order granting him temporary bail.
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Hany Babu approached Bombay High Court seeking regular bail

Hany Babu approached Bombay High Court seeking regular bail


by Bar & Bench (April 13):
Bhima Koregaon accused Hany Babu has approached #BombayHighCourt seeking regular bail after it was rejected by the Mumbai #NIA Court.

No bail; ‘prima facie evidence Hany Babu part of Maoist outfit’: NIA Court

22/02/2022

The Indian Express / by Express News Service

“The same can be said to be sufficient to prima facie establish that the applicant was instrumental for the release of convict G N Saibaba, who was convicted for the activities of the CPI (M),” special Judge Dinesh E Kothalikar said in the detailed order made available on Monday.
IN ITS detailed order rejecting bail to Delhi University associate professor Hany Babu, a special court has said that there is prima facie evidence that he was ‘actively involved’ in activities of banned organisation, CPI (Maoist).
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Hearing of Anand Teltumbde’s appeal seeking bail on merits adjourned to April 26

Hearing of Anand Teltumbde’s appeal seeking bail on merits adjourned to April 26

Hearing of Anand Teltumbde’s appeal seeking bail on merits

by Live Law (April 11):
#BombayHighCourt will continue to hear Dalit scholar – #AnandTeltumbde’splea seeking bail on merits in the #BhimaKoregaon – Elgar Parishad caste violence case. Hearing before bench of Justices Sunil Shukre and GA Sanap.

+++ Adjourned to April 26. +++

by Live Law (April 7)

#BombayHighCourt will continue to hear Dalit scholar #AnandTeltumbde’s appeal seeking bail on merits in Bhima Koregaon – Elgar Parishad caste violence case. Hearing before the bench of Justices Sunil Shukre and GA Sanap
Matter called out.
…
Adjourned to Monday for further arguments.

Full thread

Bombay HC to hear Anand Teltumbde’s appeal challenging rejection of bail on April 7

31/03/2022

The Leaflet / by Sabah Gurmat

On Thursday, the Bombay High Court’s division bench of Justices S.B. Shukre and G.A. Sanap decided to post the matter of Bhima Koregaon (Elgar Parishad) accused Anand Teltumbde’s plea challenging his rejection of bail, to April 7. The 71-year old Teltumbde is an academic and activist who has been charged under the Unlawful Activities (Prevention) Act [UAPA], and the High Court had been hearing his bail plea as well as a petition challenging the conditions for bail under Section 43D(5) of the UAPA.
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Bombay HC reserves order on activist Gautam Navlakha’s plea seeking house arrest

Bombay HC reserves order on activist Gautam Navlakha’s plea seeking house arrest

Bombay HC reserves order on activist Gautam Navlakha’s plea seeking house arrest

06/04/2022

The Leaflet / by Sabah Gurmat

Tuesday, the Bombay High Court’ division bench of Justices S.B. Shukre and G.A. Sanap decided to reserve its verdict on journalist and activist Gautam Navlakha’s plea seeking house arrest in place of his incarceration at Navi Mumbai’s Taloja jail, citing his failing health conditions, and lack of proper medical care and basic facilities in prison.
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Bombay High Court reserves verdict in plea by Gautam Navlakha to be moved from prison to house arrest

05/04/2022

Bar & Bench / by Neha Joshi

Navlakha prayed that he be transferred from Taloja Central Prison and placed under house arrest on the ground that the prison conditions are not suitable for a septuagenarian suffering from medical ailments.
The Bombay High Court on Tuesday reserved its verdict in the plea filed by Bhima Koregaon accused Gautam Navlakha praying that he be transferred from Taloja prison and placed under house arrest instead [Gautam Navlakha v. National Investigation Agency & Anr.]
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by Live Law (April 5):
#BombayHighCourt will shortly hear senior journalist #GautamNavlakha’s plea to be shifted out of Taloja prison and be placed under house arrest in the #BhimaKoregaon – #ElgarParishad case. Hearing before bench of Justices Sunil Shukre and GA Sanap for NIA’s arguments.

Yesterday, the judges made scathing observations against the Maha Govt for callously dealing with Navlakha’s allegations against prison officials for denying him books, spectacles and a chair.

Matter called out ASG Anil Singh for NIA Advs Yug Mohit Chaudhry along with Payoshi Roy for Navlakha

The state tries to file a second affidavit. Adv Chaudhry objects.

…

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Bombay HC to hear Anand Teltumbde’s appeal challenging rejection of bail on April 7

Bombay HC to hear Anand Teltumbde’s appeal challenging rejection of bail on April 7

Bombay HC to hear Anand Teltumbde’s appeal challenging rejection of bail on April 7

31/03/2022

The Leaflet / by Sabah Gurmat

On Thursday, the Bombay High Court’s division bench of Justices S.B. Shukre and G.A. Sanap decided to post the matter of Bhima Koregaon (Elgar Parishad) accused Anand Teltumbde’s plea challenging his rejection of bail, to April 7. The 71-year old Teltumbde is an academic and activist who has been charged under the Unlawful Activities (Prevention) Act [UAPA], and the High Court had been hearing his bail plea as well as a petition challenging the conditions for bail under Section 43D(5) of the UAPA.
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Anand Teltumbde’s bail hearing commences before Bombay HC

30/03/2022

Sabrang / by Sabrangindia

Apart from arguing for bail, Dr Anand Telmumbde, a renowned academic, will through his counsel, also be challenging the constitutionality of Section 43(D)(5 of the Unlawful Practices Unlawful Activities (Prevention) Act, 1967.
Behind bars since April 14, 2020, Dr Anand Teltumbde a well-known academic, will through his counsel, Mihir Desai interrogating the anomalies in investigation and prosecution by the National Investigation Agency (NIA) apart from seriously questioning the mode and matter of garnering evidence in connection with his name being tragged into the Bhima Koregaon conspiracy case.
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Bhima Koregaon case trial not likely to begin soon, says activist Anand Teltumbde as he seeks bail

31/03/2022

Scroll.in / by Scroll Staff

His lawyer told the Bombay High Court that the NIA has claimed Teltumbde is a member of a terrorist group but he has not been charged with any acts of violence.
The trial in the Bhima Koregaon case is not likely to begin anytime soon, activist Anand Teltumbde told the Bombay High Court on Wednesday as he sought bail, reported PTI.
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NIA can’t label me terrorist in absence of direct evidence, Teltumbde tells HC

30/03/2022

Free Press Journal / by Narsi Benwal

A bench of Justices Sunil Shukre and Govind Sanap was hearing a plea filed by Teltumbde through senior advocate Mihir Desai, seeking bail.
One of the prime accused in the Bhima-Koregaon violence case – academician Anand Teltumbde on Wednesday told the Bombay High Court that the NIA, which is investigating the case, has labelled him as a terrorist without attributing any direct evidence against him. He accordingly, sought bail.
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Accused complain of prison superintendent’s conduct before special court / NIA submits additional evidence

Accused complain of prison superintendent’s conduct before special court / NIA submits additional evidence

Elgar accused complain of prison superintendent’s conduct before NIA special court

29/03/2022

Free Press Journal / by Bhavna Uchil

The court had issued a warrant for their presence before it on the particular date last year. The accused have stated that this has happened time and again that they have not been produced before the court despite the given orders…
In another development, the NIA made an application on Tuesday before the court to be permitted to submit articles, reports along with additional evidence in the case.
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NIA submits additional evidence

29/03/2022

The print / by pti

The National Investigation Agency on Tuesday submitted additional evidence in the Elgar Parishad-Maoist links case.
The NIA, through special public prosecutor Prakash Shetty, moved an application before special judge D E Kothalikar for depositing articles, original exhibits/reports along with additional evidence.
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