case update – Page 34 – free them all

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

24/08/2021 Asha

Sessions court had no power to take cognisance of pleas: Accused in Elgar Parishad case seek default bail

24/08/2021

The Indian Express / by Express News Service

The lawyer for the accused submitted that as the orders of remand, authorising custody were ‘illegally’ passed by the sessions judge and the same could not be sustained, they may be released on default bail.
Eight accused in the Elgar Parishad case, while challenging the September 2019 order of the Pune Sessions court rejecting their default bail pleas, told the Bombay High Court that persons booked for scheduled offences under the Unlawful Activities (Prevention) Act (UAPA) had to be produced before special National Investigation Agency (NIA) court and the sessions judge had no power to take cognisance of their pleas.
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8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

23/08/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
Eight accused in the 2018 Bhima Koregaon case have moved the Bombay High Court challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them and to quash the criminal proceedings (Sudhir Dhawale & Ors. v. State of Maharashtra & Ors.).
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Also read: Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

24/08/2021 Asha

Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha

24/08/2021

Live Law / by Live Law News Network

The Special NIA Court has rejected temporary bail pleas of professor Anand Teltumbde and journalist Gautam Navlakha, accused in the Bhima Koregaon – Elgar Parishad caste violence Case.
In their applications sent directly from prison, the two sought to be released temporarily citing their age and vulnerability to Covid-19. The pleas were filed pursuant to directions from the jail administration asking all inmates above 60 years to apply for interim bail due to the pandemic.
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NIA Court refuses temporary bail to activist Gautam Navlakha

23/08/2021

Bar & Bench / by Neha Joshi

Navlakha had sought temporary bail relying upon the guidelines issued by the High Power Committee for decongestion of prisons in light of the COVID pandemic.
The Special Court under the National Investigation Agency (NIA) Act has refused temporary bail to Bhima Koregaon accused Gautam Navlakha.
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Accused activists seek default bail claiming sessions court had no jurisdiction

23/08/2021

Midday / by pti

The petitioners are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, and Arun Ferreira
Seven activists and academics accused in the Elgar Parishad-Maoist links case told the Bombay High Court, the Pune sessions court, which remanded them to custody following their arrest and also took cognisance of the police’s chargesheet in 2019, had no jurisdiction to do so and sought a default bail.
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Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized

20/08/2021 Asha

Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized

20/08/2021

Bar and Bench / by Neha Joshi

The accused moved the High court challenging an order of the Special NIA Court refusing their application for cloned copies of the data seized by the NIA.
Bhima Koregaon accused Sudha Bharadwaj and Gautam Navlakha have approached the Bombay High Court seeking clone copies of all devices seized from them by the National Investigation Agency (NIA).
NIA had submitted draft charges and the special court has kept the matter for framing of charges on August 23, 2021.
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Accused Approach Bombay HC To Stay Trial Till Clone Copies of Electronic Evidence Is Provided

20/08/2021

Live Law / by Sharmeen Hakim

Accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court to stay the trial or defer the framing of charges until clone copies of all the electronic devices seized are provided to the defence.
Accused Sudha Bharadwaj and journalist Gautam Navalakha have sought HC’s indulgence after the National Investigation Agency submitted the draft charges before the Special NIA Court against the 15 accused on August 9.
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Father Stan Swamy Has Right To Have His Name Cleared: Jesuits Approach Bombay High Court

19/08/2021 Asha

Live Law / by Sharmeen Hakim

The petitioners state that the Special NIA Court’s observations while refusing bail to Stan Swamy amount to preliminary findings of guilt, which the High Court can set aside.
Late tribal-rights activist Father Stan Swamy’s counsel and kin have urged the Bombay High Court to clear the odium attached to his name and reputation due to his arrest in the Bhima Koregaon – Elgar Parishad caste violence case.
“Article 21 (Right to dignity) of the Constitution equally applies to deceased persons and just as the Appellant(Father Swamy) would have had a right o clear his name if he were alive, similarly those closest to him would have a similar right to clear his name,” Senior counsel Advocate Mihir Desai said on behalf of the Jamshedpur Jesuit Province, which is seeking to pursue Stan Swamy’s case as his next of kin.
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Bombay HC Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

17/08/2021 Asha

Bombay High Court Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

17/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Tuesday ordered Delhi University Associate Professor Hany Babu to be re-lodged in Taloja Prison following the report of a private hospital that he is ‘fit for discharge’. He is accused in the caste-violence Bhima Koregaon – Elgar Parishad Case.
On Tuesday, Justices SS Shinde and NJ Jamadar disposed of Babu’s wife – Jenny Rowena’s plea – seeking interim medical bail for him after Breach Candy’s doctors certified that Babu’s had recovered from Covid-19 and orbital cellulitis, and he is fit for discharge.
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Lawyer Surendra Gadling released from jail after temporary bail from HC

13/08/2021 Asha

by Indira Jaising (Aug 13)
He’s out!

by Indira Jaising (Aug 13)
The legal team, courage and determination, Stubborn for justice

Lawyer Surendra Gadling released from jail after temporary bail from HC

13/08/2021

The Indian Express / by Express News Service

Lawyer Surendra Gadling was released from Taloja Central Jail on Friday morning after the Bombay High Court last month allowed him temporary bail to attend rituals on his mother’s first death anniversary.
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Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

12/08/2021

Live Law / by Sharmeen Hakim

Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application.
Bhima Koregaon accused – Advocate Surendra Gadling – has been granted temporary bail in a 2016 case under the Unlawful Activities (Prevention) Act, paving the way for his release from Taloja Prison tomorrow to perform his mother’s funeral rites. Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application yesterday on the grounds that it was not maintainable.
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Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

12/08/2021 Asha

Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

12/08/2021

Live Law / by Sharmeen Hakim

Bombay High Court refuses bail to Surendra Gadling in 2016 case

12/08/2021

Bar & Bench / by Neha Joshi

The Nagpur Bench of Bombay High Court refused bail to Gadling in a case registered by the Gadchiroli police in 2016 under UAPA.
The Nagpur Bench of Bombay High Court refused bail to lawyer and activist Surendra Gadling in a case registered by the Gadchiroli police in 2016 under offences of the Unlawful Activities (Prevention) Act and the Indian Penal Code (Surendra Gadling v. State of Maharashtra)
Gadling is also an accused in the Bhima Koregaon case of 2018 which is being investigated by the National Investigation Agency (NIA).
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NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021 Rani

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021

Sabrang India / by Sabrang India

Filing of draft charges against the accused indicates that the trial could begin anytime soon. However, the lawyers of some of the accused have asked the court to dispose the applications before it, prior to framing charges.
The National Investigation Agency (NIA) has filed draft charges before the Special NIA court in Mumbai, against the 15 accused in the Elgar Parishad/Bhima Koregaon case.
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NIA files draft charges against 15 accused in NIA Court

10/08/2021

Bar & Bench / by Neha Joshi

The lawyers appearing for the accused also prayed for deferring of hearing on framing of charges till the pending applications of the accused are disposed of, which the Court rejected.
The National Investigating agency (NIA) on Monday filed draft charges against 15 accused persons in the Bhima Koregaon case of 2018.
Framing of charges under Section 226 of the Code of Criminal Procedure is the stage where the prosecution describes the charges against the accused along with the evidence they have to prove the guilt of the accused.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

India Today / by Vidhya

The National Investigation Agency (NIA) has filed draft charges against 15 accused in the Elgar Parishad case.
Draft charges contain about 20 charges that have been slapped against the accused in the case. Section 226 of the Criminal Procedure Code (CrPC) obliges the prosecution to describe the charge brought against the accused and to state by what evidence the guilt of the accused would be proved.
In the coming days, the court will hear the accused or their lawyers, who will argue against each charge and then the judge will decide and frame the charges against each accused. The accused will be then asked if they plead guilty or not. If the accused do not plead guilty, then the trial against each accused will begin.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

The Indian Express / by Express News Service

The NIA has also proposed to charge the accused for criminal conspiracy, waging or attempting to wage a war or abetting a war against the Government of India, sedition, and promoting enmity under sections of the Indian Penal Code.
The National Investigation Agency (NIA) on Monday submitted draft charges against the 15 accused arrested in the Elgar Parishad case. The charges include sections of the Unlawful Activities (Prevention) Act pertaining to terrorist acts, unlawful activities, conspiracy, membership of banned organisation and raising funds for it.
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Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

05/08/2021 Asha

Forensic Science Laboratory’s analysis unreliable: Rona Wilson’s advocate

05/08/2021

Gauri Lankesh News / by Gauri Lankesh News Desk

Since FSL did not rule out the tampering of the laptop and remained silent on the issue, the counsel said that the laboratory’s analysis remains unreliable.
Rona Wilson’s counsel on Monday told the Bombay High court that Forensic Science Laboratory (FSL) failed to respond to the question ‘whether Wilson’s hard disk was tampered with or not?’ Since FSL did not rule out the tampering of the laptop and chose to remain silent on the issue, the council said that the laboratory’s analysis remains unreliable.
Based on the reports published by US cyber forensic firm Arsenal Consulting, Wilson had moved the Bombay High court stating that there was tampering of evidence and his laptop was infiltrated with malware. Wilson thus asked for the charges against him to be dropped.
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Claims of evidence planted in device can be raised during trial: NIA to Bombay HC in Rona Wilson and Shoma Sen plea

04/08/2021

Bar & Bench / by Neha Joshi

“Much water has flown. Bail pleas have been heard and disposed of, they have even gone up to Supreme Court. The case is now posted for framing of charge and they want to stay the trial,” ASG Anil Singh argued.
The National Investigation Agency (NIA) told the Bombay High Court on Wednesday that the allegation by Bhima Koregaon accused Rona Wilson and Shoma Sen that evidence was planted in their electronic devices, is an argument which can be raised before the trial court.
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Forensic Sciences Lab Doesn’t Rule Out Tampering Of Rona Wilson’s Laptop: Jaising To Bombay HC

04/08/2021

Live Law / by Sharmeen Hakim

… Arguing Wilson’s quashing petition under Article 226, Senior Advocate Indira Jaising submitted that FSL’s failure to respond to a specific question put by the then Investigating officer of the case: ‘whether Wilson’s hard disk was tampered with or not?’, indicates that their analysis is not reliable…
On Wednesday, Jaising submitted that the seizure of Wilson’s laptop was not secure as the ‘hash values’ of the electronic devices were not calculated. Moreover, his laptop was operated during the search in 2018, which was impermissible.
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Bhima Koregoan case: NIA opposes quashing pleas of Rona Wilson

04/08/2021

Free Press Journal / by Urvi Mahajani

The National Investigation Agency (NIA) has opposed the petitions filed by Rona Wilson, accused in the Bhima Koregaon case, stating that it wasn’t maintainable because it entirely revolves around this theory of planting of evidence.
Wilson and other accused, Shoma Sen, have filed petitions in the HC seeking quashing of the case against them.
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 18, 2021)

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

04/08/2021 Asha

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

04/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved its order on lawyer-activist Sudha Bharadwaj’s default bail plea in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea filed under sections 439, 482 and 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act.
The bench had earlier observed that the HC’s records were consistent with Bharadwaj’s RTI documents demonstrating that the Pune Judge was not notified as a Special Court under the NIA Act.
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Bombay HC reserves order in Sudha Bharadwaj default bail plea

04/08/2021

Bar & Bench/ by Neha Joshi

The Bombay High Court on Wednesday reserved its verdict in the petition filed by lawyer and Bhima Koregaon accused Sudha Bharadwaj seeking default bail under Code of Criminal Procedure.
Bharadwaj had approached the High Court assailing two orders passed by Pune Sessions Judges on the ground that they had no jurisdiction to pass orders in the case.
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Five reasons why NIA is opposing Sudha Bharadwaj’s default bail plea in Bombay HC

02/08/2021

Bar & Bench / by Neha Joshi

Additional Solicitor General appearing for the NIA made his submissions before Bench of Justices SS Shinde and NJ Jamadar opposing the default bail plea.
The National Investigation Agency (NIA) has opposed the default bail application filed by Bhima Koregaon accused Sudha Bharadwaj (Sudha Bharadwaj v. State of Maharashtra & Anr).
Bharadwaj had moved the High Court challenging two orders passed by Pune Sessions Judges KD Vadane and RM Pande on the ground that they had no jurisdiction to pass orders in the case.
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Also read: NIA opposes default bail pleas of eight accused (The Indian Express / July 25, 2021)