case update – Page 35 – free them all

Bombay HC Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

30/07/2021 Asha

Bombay High Court Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

30/07/2021

Live Law / by Sahrmeen Hakim

The Bombay High Court on Friday allowed bail to Bhima Koregaon accused Advocate Surendra Gadling from August 13 to 21 to attend his mother’s death anniversary.
A division bench headed by Justice SS Shinde and NJ Jamadar pronounced the order.
Read more

Bombay HC grants temporary bail to Surendra Gadling

30/07/2021

Bar & Bench / by Neha Joshi

Bench of Justice SS Shinde and NJ Jamadar granted bail from August 13 to August 21, 2021 to attend mother’s funeral rites.
Gadling had sought temporary bail from the Special Court on the ground that his mother had expired in August 2020 and he was required to join his family members to perform the last rituals.
Read more

Bombay HC seeks Hany Babu’s health report from hospital after lawyer says his eye condition better

29/07/2021 Maya

The Indian Express / by Express News Service

The court was hearing a petition by Hany Babu’s wife Jenny Rowenna seeking that the DU associate professor be released on bail on health grounds.
The Bombay High Court Thursday directed Breach Candy Hospital in the city to provide the latest health report of Delhi University associate professor Hany Babu, an accused in the Elgar Parishad case who is currently under treatment at a private hospital.
… The HC will consider the plea next on August 6.
Read more

Court asks NIA to submit draft charges in Elgar Parishad case

29/07/2021 Maya

Court asks NIA to submit draft charges in Elgar Parishad case

29/07/2021

India Today / by Vidya

The National Investigation Agency probing the Elgar Parishad case has been asked by a special court in Mumbai to submit draft charges against the accused on August 9.
The draft charges will be filed by the central agency against all the accused in the case before Special Judge Dinesh E Kothalikar.
Read more

Teltumbde, Navlakha, Gonsalves approach special court, seek bail

27/07/2021

The Indian Express / by Express News Service

Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves sent their applications from Taloja Central Jail where they are lodged and sought to be released temporarily citing their age and vulnerability to Covid-19.
Read more

Anand Teltumbde, Gautam Navlakha, Vernon Gonsalves move NIA Court for temporary bail after HPC remommendation to decongest jails

27/07/2021

Bar & Bench / by Neha Joshi

Special Judge DE Kothalikar has now directed NIA to file their responses to these applications.
Bhima Koregaon accused Gautam Navlakha, Vernon Gonsalves and Dr. Anand Teltumbde have moved the Special Court, which hears cases under the National Investigation Agency (NIA) Act, for interim bail.
Read more

Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

27/07/2021 Maya

Wilson, Sen ask Bombay HC to decide what is ‘legal electronic evidence’ under criminal law

27/07/2021

The Indian Express / by Express News Service

Their counsels, senior advocates Indira Jaising and Anand Grover, also told a division bench of Justices S S Shinde and N J Jamadar that there was no connection between the Elgaar Parishad event held on December 31, 2017, and the Koregaon Bhima violence that took place a day later.
Activists Rona Wilson and Shoma Sen, arrested in connection with the Elgaar Parishad case, urged the Bombay High Court on Monday to decide what was “legal electronic evidence” and stating the evidence relied upon by the probing agency was illegal as per law as it had been “planted”.
Read more

Bhima Koregaon Violence Caused By Another Group: Jaising Argues Relying On Ex-CM’s Statements

26/07/2021

Live Law / by Sharmeen Hakim

The caste violence at Bhima Koregaon on January 1, 2018, was not caused by the “lawful” Elgar Parishad event held the previous day, and the case would not attract the stringent Unlawful Activities (Prevention) Act, researcher Rona Wilson told the Bombay High Court.
Senior Advocate Indira Jaising for Wilson submitted that she would be relying on two statements made by then Chief Minister Devendra Fadnavis in the Maharashtra Legislative Assembly.
… On Monday, a bench of Justices SS Shinde and NJ Jamadar began physical hearings in Wilson and professor Shoma Sen’s petitions under section 482 of the CrPC, Articles 226 and 227 of the Constitution of India, challenging the sanction to prosecute them under the UA(P) Act.
Read more

Also read: Bhima Koregaon Case: Where Are The Hindutva Leaders Accused of Violence? (The Quint, July 12, 2021)

HC Reserves Order On Surendra Gadling’s Bail Plea To Attend Mother’s Death Anniversary

26/07/2021 Maya

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday reserved for orders the temporary bail appeal of Bhima Koregaon- Elgar Parishad Case accused – Advocate Surendra Gadling to perform his mother’s funeral rites on her first death anniversary on August 15, 2021.
A division bench of Justices SS Shinde and NJ Jamadar said they would pronounce the order on July 30 2021, after hearing submissions from Senior Advocate Indira Jaising for Gadling and advocate Sandesh Patil for NIA.
Read more

NIA opposes default bail pleas of eight accused

25/07/2021 Rani

NIA opposes default bail pleas of eight accused

25/07/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was hearing the plea filed by Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Shoma Sen, Surendra Gadling and Varavara Rao.
The National Investigation Agency (NIA) on Friday opposed the plea filed by eight accused in the Elgaar Parishad case challenging the June 2019 order of the Pune sessions court rejecting their default bail pleas.
Read more

May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

23/07/2021

Live Law / by Sharmeen Hakim

The Maharashtra Government and the National Investigation Agency on Friday continued their arguments opposing Bhima Koregaon-Elgar Parishad accused Sudha Bharadwaj’s default bail application.
The State submitted that in her entire petition Bharadwaj hasn’t averred at a single place that she was “denied justice” because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and and other accused on February 21, 2019.
Read more

If Court is not empowered to take cognizance, does not mean proceedings can be set aside: NIA to Bombay High Court

23/07/2021

Bar & Bench / by Neha Joshi

An affidavit stating the same was filed before the High Court in the petition filed by eight accused in the Bhima Koregaon case challenging the order refusing bail.
Merely because a court is not empowered by law to take cognizance and yet does so in good faith does not mean that the proceedings should be set aside on that ground alone, the National Investigation Agency (NIA) submitted before the Bombay High Court in the Bhima Koregaon case.
Read more

Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

23/07/2021 Maya

+++ The Court posted the case for further hearing on August 4, 2021 +++

Judicial inquiry into Stan Swamy’s death yet to be initiated: State in Bombay HC

23/07/2021

The Indian Express / by Sadaf Modak

Oral comments made on Swamy, withdrawn by the court after ASG submitted they were ‘twisted’ on social media and by the press.
The Maharashtra government informed the Bombay High Court on Friday that a judicial magisterial inquiry into the death of Father Stan Swamy is yet to be initiated.
Read more

Bombay High Court Withdraws Oral Praise For Late Father Stan Swamy After NIA Objection

23/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday withdrew its oral statements in praise of late tribal rights activist -Father Stan Swamy and his work – after the National Investigation Agency raised objections during his bail hearing posthumously.
Justice SS Shinde, however, said that even judges are human beings and the news of Father Swamy’s death on July 5 was sudden. Moreover, the court had added a rider that it wasn’t making any comment on Father Swamy’s incarceration or arrest under the Unlawful Activities (Prevention) Act.
Read more

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

22/07/2021 Rani

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

22/07/2021

Free Press Journal / by Urvi Mahajani

The Bombay high court will decide on July 26 the application filed by human rights lawyer Surendra Gadling who is accused of his involvement in the Bhima Koregaon violence case, to perform last rights of his mother on her first death anniversary on August 15.
Read more

Reason for seeking temporary bail daos not survive: NIA opposes Surendra Gadling´s temporary bail plea in Bombay High Court

22/07/2021

Bar & Bench / by Neha Joshi

Gadling had sought temporary bail from the Special NIA Court on the ground that his mother had expired in August last year but the same was dismissed by the special NIA court leading to the appeal before High Court.
The National Investigation Agency (NIA) has asked the Bombay High Court to dismiss the appeal filed by Bhima Koregaon accused Surendra Gadling seeking temporary bail, as the ground cited by Gadling regarding his mother’s demise does not survive anymore (Surendra Gadling v. National Investigation Agency)
Read more

Also read: Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

How many years can an undertrial languish in jail without trial? HC asks NIA on Bhima-Koregaon Case

19/07/2021 Rani

How many years can an undertrial languish in jail without trial? Bombay High Court asks NIA on Bhima-Koregaon Violence

19/06/2021

Free Press Journal / by Narsi Benwal

HC says it has too much of respect for Stan Swamy and his work, irrespective of the legal position.
The Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar on Monday asked the National Investigations Agency (NIA) as to for how many years could an undertrial be languishing in jail without trial. The bench was referring to the fact that several rights activists, some of them senior citizens, arrested in the Bhima-Koregaon violence case, have been in prison without charges being framed against them, since last three years.
Read more

We Have Respect For Father Stan Swamy’s Work: Bombay High Court

19/06/2021

Live Law / by Sharmeen Hakim

Justice SS Shinde of the Bombay High Court on Monday said late tribal rights activist and priest – Stan Swamy’s – graceful funeral service after his demise on July 5 2021, had touched him.
“I was informed about the timing of the funeral service. Such a wonderful person. The kind of services he has rendered to the society. We have respect for his work. Legally, whatever is there against him is a different matter…We normally don’t get time for TV, but we saw this funeral, and it was very graceful.”
Read more

You will argue and leave, but we have to answer: Bombay HC to NIA during bail hearing of late Father Stan Swamy

19/06/2021

Bar & Bench / by Neha Joshi

“For how many years without trial can people be asked to languish in jails? Speedy trial is a fundamental right,” the Court said.
The Bombay High Court on Monday lamented at the inordinate delay in concluding trials resulting in accused languishing in jails as undertrial prisoners.
Read more

NIA Court rejecting bail to Anand Teltumbde [read judgment]

16/07/2021 Rani

Bail cannot be granted only because accused is innocent until proven guilty: NIA Court while rejecting bail to Anand Teltumbde [Read judgment]

16/07/2021

Bar &Bench / by Neha Joshi

The Special National Investigation Agency (NIA) Court at Mumbai observed that there was sufficient material to reach to prima facie conclusion that the accusations against Bhima Koregaon accused Anand Teltumbde are prima facie true.
Read more
Read judgment

Special NIA Court Rejects Prof Anand Teltumbde’s Bail Application

12/07/2021

Live Law / by Sharmeen Hakim

A Special NIA Court, on Monday, rejected the bail application of former IIT professor and academic Anand Teltumbde, booked under the Unlawful Activities (Prevention) Act in the Bhima Koregaon-Elgar Parishad case.
Special Judge DE Kothalikar had reserved the application for orders on July 6, 2021. Teltumbde, 70, was arrested by the NIA on April 14, last year, after he surrendered before the agency following Supreme Court orders and applied for bail on merits in the special court on January 13, 2021.
Read more

Also read: Castist forces cannot digest success of a Dalit scholar: Anand Teltumbde in his bail plea (Bar & Bench, Jan 2021)