case update – Page 4 – free them all

After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen

16/03/2024 Maya

After Opposing Bail for Years, NIA Now Says it Doesn’t Need Custody of Shoma Sen

18/03/2024

The Wire / by Sukanya Shantha

Sixty-five-year-old Sen, who suffers with hypertension and arthritis among other ailments, has moved bail applications before the trial court and the apex court on several occasions. Her bail application, however, came to be rejected each time.
After keeping Shoma Sen, a former professor at Nagpur University, in prison for close to six years, the National Investigation Agency (NIA) has now stated that they no longer need her custody. The agency, having completed investigation in the Elgar Parishad case, has already filed the chargesheet. But all along, and as recently as in December 2023, the agency had vehemently opposed her bail application both in the lower court and the Supreme Court.
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‘Don’t Need Shoma Sen In Custody Anymore’: NIA Tells SC; Oral Arguments In Bail Plea Concluded

16/03/2024

Live Law / by Awstika Das

In a significant development, the National Investigation Agency (NIA) made a surprising admission in the Supreme Court this week regarding former Nagpur University professor and Bhima Koregaon-accused Shoma Sen.
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NIA tells SC it does not need custody of accused Shoma Sen anymore

16/03/2024

Scroll.in / by Scroll Staff

The court said it would examine the seriousness of the allegations against the former Nagpur University professor and then take a decision.
The National Investigation Agency informed the Supreme Court this week that it no longer requires the custody of former Nagpur University professor Shoma Sen, who is among those accused in the Bhima Koregaon case, Live Law reported.
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Also read:
▪ ‘No Evidence Establishes UAPA Case, Links With Banned Groups’: Bhima-Koregaon Accused Shoma Sen Argues For Bail In Supreme Court (Live Law / Feb 2024)

▪ “Hopefully waiting” writes Shoma Sen from prison (InSAF India / Jul 2023)

Gautam Navlakha Disputes NIA’s Claim For House Arrest Surveillance Expenses

07/03/2024 Maya

Gautam Navlakha Disputes NIA’s Claim For House Arrest Surveillance Expenses

07/03/2024

Live Law / by Awstika Das

In a courtroom exchange that unfolded at the Supreme Court on Thursday (March 7), Bhima Koregaon-accused Gautam Navlakha’s counsel, Senior Advocate Nitya Ramakrishnan, accused the National Investigation Agency (NIA) of engaging in what she described as ‘extortion’ by demanding an excessive amount from the human rights activist towards meeting his house arrest expenses.
… Ultimately, the judges intervened, reasoning that the dispute over the amount claimed by the National Investigation Agency would have to be adjudicated in a proper hearing. Accordingly, they directed the matter to be adjourned to a non-miscellaneous day in April. The stay on the Bombay High Court’s bail order will continue until then.
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NIA asks Gautam Navlakha to pay Rs 1.64 crore towards the cost of his house arrest

07/03/2024

Scroll.in / by Scroll Staff

The human rights activist’s counsel called the National Investigation Agency’s claim ‘extortion’.
The National Investigation Agency told the Supreme Court on Thursday that human rights activist Gautam Navlakha is liable to pay Rs 1.64 crore as the cost of his security during his house arrest in the Bhima Koregaon case, Live Law reported.
In response, Navlakha’s counsel Nitya Ramakrishnan accused the central counter-terrorism agency of “extortion”.
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Also read:
▪ The first week in the new year repeats the same old story of procedural grind (The Leaflet / Jan 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

Supreme Court Extends Until March High Court’s Stay On Bail Granted To Gautam Navlakha

12/02/2024 Maya

Live Law / by Awstika Das

The Supreme Court on Monday (February 12) extended until March the stay on the bail granted to journalist and activist Gautam Navlakha in connection with the Bhima Koregaon case, following a petition filed by the National Investigation Agency (NIA).
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Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

No Evidence Establishes UAPA Case, Links With Banned Groups’: Shoma Sen Argues For Bail In SC

09/02/2024 Maya

Live Law / by Awstika Das

Former Nagpur University professor and Bhima Koregaon-accused Shoma Sen defended her bail plea in the Supreme Court on Thursday by alleging a lack of evidence connecting her to the case under the Unlawful Activities (Prevention) Act, 1967, or establishing her purported links with the proscribed Communist Party of India (Maoist).
… The Supreme Court is slated to continue hearing Sen’s bail plea on Thursday, February 15.
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Also read:
▪ Shoma Sen’s Bail Hearing in SC Adjourned Yet Again, Until January 10 (NewsClick / Dec 2023)
▪ Supreme Court quotes Watali judgment in Shoma Sen’s bail application (The Leaflet / Dec 2023)

SC to hear bail plea of Surendra Gadling in 2016 Surjagarh mine arson case on February 8

01/02/2024 Asha

Deccan Herald / by pti

He is also an accused in the Elgar Parishad-Maoist links case about alleged provocative speeches delivered at the Elgar Parishad conclave held in Pune on December 31, 2017, which police claimed triggered violence the next day near the Koregaon-Bhima war memorial in Pune district.
The Supreme Court on Thursday agreed to hear on February 8 the bail plea of advocate Surendra Gadling in connection with the 2016 Surjagarh iron ore mine arson case.
Read more

Also read:
▪ Supreme Court allows state time to file counter-affidavit in Surendra Gadling bail plea (The Leaflet / Nov 2023)
▪ Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
▪ Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao, prompting senior lawyers to say this is ‘ever-greening of charges’ (The Leaflet / Jan 2019)

Mahesh Raut’s bail gets entangled in tagging of similar matters

18/01/2024 Asha

The Leaflet / by Sarah Thanawala

First Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, then stay on bail, and now ‘tagging of similar matters’ means accused Mahesh Raut cannot liaison with life and liberty.
On Thursday, the Supreme Court extended the stay on the Order of the Bombay High Court granting regular bail to forest rights activist Mahesh Raut by two more weeks.
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Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 2023)
▪ Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC! (SabrangIndia / Sep 2023)

Jyoti Jagtap’s bail plea adjourned again, to be heard with Shoma Sen’s

17/01/2024 Asha

Jyoti Jagtap’s bail plea adjourned again, to be heard with Shoma Sen’s

17/01/2024

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court observed that it was in the interest of justice to hear “part-heard” matters arising out of the same first information report together.
Today, the Supreme Court adjourned hearing of the bail application of anti-caste activist and musical performer Jyoti Jagtap again.
The court reasoned that it was better to hear “part-heard” matters pertaining to the Bhima Koregaon–Elgar Parishad case together.
A division Bench comprising Justices Aniruddha Bose and Sanjay Kumar directed Jagtap’s bail to be tagged along with the bail application of women’s rights activist and academic Shoma Sen.
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Supreme Court Directs Tagging Of Jyoti Jagtap’s Bail Plea With Shoma Sen’s Appeal

17/01/2024

Live Law / by Awstika Das

The Supreme Court on Wednesday (January 17) directed the bail plea of activist and Bhima Koregaon-accused Jyoti Jagtap to be tagged with co-accused Shoma Kanti Sen’s appeal and heard together.
A bench of Justices Aniruddha Bose and Sanjay Kumar was hearing Jagtap’s petition challenging the Bombay High Court’s decision to reject her bail application.
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Court pulls up NIA for not giving electronic evidence copies to Gautam Navlakha

16/01/2024 Asha

NIA court lambasts prosecution for not providing cloned copies of evidence to Gautam Navlakha

17/01/2024

The Leaflet / by Sarah Thanawala

During the previous hearing, journalist and human rights activist Gautam Navlakha had filed an application seeking cloned copies of electronic evidence claimed by the investigating authorities.
On Tuesday, the National Investigation Agency (NIA) admitted to not having supplied cloned copies of all electronic evidence it relies on to journalist and human rights activist Gautam Navlakha.
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Court pulls up NIA for not giving electronic evidence copies to Gautam Navlakha

17/01/2024

Scroll.in / by Scroll Staff

The activist’s lawyer said that the central agency earlier filed an affidavit claiming that it had provided the clones to all the accused persons.
A special court on Tuesday pulled up the National Investigation Agency for failing to provide cloned copies of the electronic evidence it is relying on in the Bhima Koregaon case to human rights activist Gautam Navlakha, the Leaflet reported.
Read more

Also Read:
▪ NIA submits affidavit stating accused have been provided copies of all evidence (The Leaflet / Oct 2023)
▪ Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
▪ Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)

Supreme Court hears bail plea of Mahesh Raut

10/01/2024 Asha

Thread by Bar & Bench – Live Threads / @lawbarandbench (Jan 10)

Supreme Court hearing bail plea of Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case.
Matter before Justices Bela M Trivedi and Ujjal Bhuyan.

Counsel for Raut and ASG SV Raju for NIA point out recent order by bench hearing Gautam Navlakha bail plea that said Registry is to take a call on tagging and listing after orders from CJI.
Present bench defers matter by a week without expressing any opinion on merits.

Order: Interim order (of stay on bail) to continue.

Also read:
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)

Procedural grind: SC extends Bombay HC’s stay on bail granted to Gautam Navlakha

05/01/2024 Asha

The first week in the new year repeats the same old story of procedural grind

06/01/2024

The Leaflet / by Sarah Thanawala

The stay on Gautam Navlakha’s bail Order has been extended by the Supreme Court. Ten of the 16 accused in the Bhima Koregaon case continue to be incarcerated.
This week, the Supreme Court granted an extension to the stay on the bail granted by the Bombay High Court to journalist and human rights activist Gautam Navlakha.
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Supreme Court Extends Bombay HC’s Stay On Bail Granted To Gautam Navlakha In Bhima Koregaon Case

05/01/2024

Live Law / by Debby Jain

In the National Investigation Agency’s petition challenging the grant of bail to journalist Gautam P Navlakha in the Bhima Koregaon case over alleged Maoist links, the Supreme Court today extended the stay granted by the Bombay High Court on the order granting bail.
A Division Bench of Justices MM and SVN Bhatti ordered for the matter to be listed before the Chief Justice of India DY Chandrachud, to take a call on listing of the same with other connected petitions filed by co-accused, or for clubbing of all the matters to enable hearing by a single Bench.
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SC extends stay imposed by Bombay HC on order granting bail to Gautam Navlakha

05/01/2024

The Telegraph / by pti

Navlakha, who was arrested in August 2018, was in November 2023 permitted by the Supreme Court to be placed under house arrest
The Supreme Court on Friday extended the stay imposed by the Bombay High Court on the operation of its order granting bail to activist Gautam Navlakha in the Elgar Parishad-Maoist links case.
Read more

Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)