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Should Gautam Navlakha’s House Arrest In 2018 Be Included For Computing Period For Default Bail?

Should Gautam Navlakha’s House Arrest In 2018 Be Included For Computing Period For Default Bail?

Live Law / by Live Law News Network

The Bombay High Court on Wednesday reserved judgment on the appeal filed by Gautam Navlakha, accused in the Bhima Koregaon case, challenging the order of NIA court granting extension of time under the Unlawful Activities Prevention Act( UAPA) for filing chargesheet.
Senior Advocate Kapil Sibal, appearing for Navlakha, submitted that the extension application under Section 43D(2) of UAPA was filed by the NIA on the the 110th day of his custody. Since the application was filed beyond the period of 90 days, Navlakha was entitled to get default bail, Sibal submitted.
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NIA opposes bail plea of Stan Swamy / Stan Swamy likely to be shifted to Arthur Road Jail

NIA opposes bail plea of Stan Swamy / Stan Swamy likely to be shifted to Arthur Road Jail

NIA opposes Stan Swamy’s bail plea, claims he was part of ‘deep-rooted conspiracy’

15/12/2020

Scroll.in / by Scroll Staff

The central agency said Swamy cannot be given bail as it was yet to complete investigating emails and other digital evidence gathered at the time of his arrest.
The National Investigation Agency on Monday opposed the bail plea filed by tribal rights activist Stan Swamy, and alleged that the 83-year-old was part of the alleged conspiracy to instigate violence in 2017, PTI reported.
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NIA opposes bail plea of Stan Swamy

15/12/2020

The Indian Express / by Express News Service

Father Stan Swamy had moved a plea seeking opportunity to be heard if a decision is taken to transfer him to any other prison. Swamy has been lodged in Taloja Central Jail in Navi Mumbai since his arrest in October…
The court was also informed about the application by co-accused Gautam Navlakha seeking from jail authorities to provide him five books per month in Taloja prison. After hearing submissions, the court granted NIA to respond to the pleas and posted further hearings on December 21.
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Stan Swamy likely to be shifted to Arthur Road Jail

15/12/2020

Free Press Journal / by Staff Reporter

Swamy’s advocate had made a plea on December 4, seeking that Swamy not be shifted from Taloja Jail without their being heard.
Octogenarian tribal rights activist Stan Swamy may be shifted out of the Taloja Central Prison in Navi Mumbai to Arthur Road Jail in the city. The Taloja jail superintendent, in a report, informed the court on Monday that while the jail authorities did not plan to shift him presently, considering his age and ailments, they were likely to move him to Arthur Road Jail, which had government hospitals nearby.
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NIA Cites Kabir Kala Manch’s Songs That Parody Modi, BJP to Oppose Bail to Arrested Singers

NIA Cites Kabir Kala Manch’s Songs That Parody Modi, BJP to Oppose Bail to Arrested Singers

The Wire / by Sukanya Shantha

Along with the songs, the agency has also relied upon evidence from 2011 and 2012 and has claimed that the activists were in touch with absconding Naxal leader Milind Teltumbde.
Singing parodical songs against the BJP and Prime Minister Narendra Modi has been presented as one of the grounds for arresting singers and activists of the cultural troupe Kabir Kala Manch (KKM) in the Elgar Parishad case. In its response filed in the Bombay high court against the bail application moved by the vocalists of KKM, Sagar Gorkhe (32) and Ramesh Gaichor (38), the National Investigation Agency (NIA) has cited their songs which critique Narendra Modi and certain BJP policies as one of the grounds for arrest.
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Humanity most important: Bombay HC while hearing plea by Sagar Gorkhe and Ramesh Gaichor

Humanity most important: Bombay HC while hearing plea by Sagar Gorkhe and Ramesh Gaichor

Humanity Most Important: Bombay High Court On Jail Authorities Refusing Gautam Navlakha’s Spectacles Sent By Partner

08/12/2020

Live Law / by Nitish Kasyap

The Bombay High Court while hearing plea filed by two accused in the Bhima Koregaon case made significant observations regarding the news about another accused in the case Gautam Navlakha, who is currently lodged at Taloja prison…
A division bench of Justice SS Shinde and Justice MS Karnik was hearing criminal writ petitions filed by Sagar Gorkhe and Ramesh Gaichor, two accused in the case.
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Humanity important: Bombay HC after jail officials deny spectacles to Gautam Navlakha

08/12/2020

The Indian Express / by Omkar Gokhale

“We need to conduct workshops for jailers. How are such small items denied? These are all human considerations,” said the Division Bench.
… The bench indicted that on the question of granting interim bail to the accused, it was bound by the past judgements including that by the Supreme Court, which last year set aside a Delhi High Court order granting bail to Jammu and Kashmir businessman Zahoor Ahmad Shah Watali, arrested by the NIA on terror funding charge.
The HC has set December 21 as the next date for hearing petitions in the case.
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Humanity is of utmost importance: Bombay HC while hearing plea by Bhima Koregaon accused

08/12/2020

Bar & Bench / by Neha Joshi

“It is high time to conduct workshops for jail authorities. Can such requests be denied?” the Court asked in view of reports that Gautam Navlakha, an accused in the Bhima Koregaon case, was being denied spectacles.
The Bench of Justices SS Shinde and MS Karnik was hearing a plea moved by Ramesh Gaichor and Sagar Gorkhe.
Senior Advocate Mihir Desai, appearing for the two accused, informed the Court that the pleas included a component of illegal arrest, which would involve arguments on personal liberty but which he was not pressing for immediately.
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Stan Swamy reluctant to move out of Taloja jail / Stan Swamy files 3 new pleas

Stan Swamy reluctant to move out of Taloja jail / Stan Swamy files 3 new pleas

Stan Swamy reluctant to move out of Taloja jail

5/12/2020

Free Press Journal / by Staff Reporter

Plea for straw, sipper and winter wear pending before court as report from jail did not arrive on Friday.
While 83-year-old tribal rights activist Stan Swamy’s plea for straw, sipper and winter wear continues to be pending before the court as the report from jail did not arrive on Friday, Swamy’s advocate has made a plea before the special court on Friday seeking to be heard if Swamy is to be shifted out of Taloja Central Jail where he is currently lodged.
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Stan Swamy files 3 new pleas seeking his bag, copy of hard disk and direction against jail transfer

04/12/2020

Scroll.in / by Scroll Staff

Swamy’s lawyer on Friday confirmed to the court that he has received a straw, sipper and winter clothes.
Jailed activist Stan Swamy on Friday moved the special National Investigation Agency court with three new petitions, reported The Hindu. The pleas sought direction to the investigation agency to return Swamy’s bag, which was seized during his arrest, a clone copy of his hard disk, and an order not to transfer him from Taloja Jail, where he is currently lodged.
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Father Stan Swamy files fresh application in NIA Court for his bag, clone copy of hard disk

04/12/2020

Bar & Bench / by Neha Joshi

Advocate Shariq Sheikh appearing for Swamy, claimed that Swamy had heard from a jail official that he may be transferred to another jail.
Father Stan Swamy, an accused in the Bhima Koregaon case and presently lodged in a prison hospital, has moved the Special National Investigation Agency (NIA) court seeking return of his bag and also requesting for a clone copy of his hard disk, both allegedly under NIA custody.
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Bombay HC: Varavara Rao’s condition has improved, but will remain in hospital till Dec 14

Bombay HC: Varavara Rao’s condition has improved, but will remain in hospital till Dec 14

Scroll.in / by Scroll Staff

A bench of Justices SS Shinde and MS Karnik also said that the poet’s family can continue to see him at the hospital.
The Bombay High Court on Thursday said that the condition of activist Varavara Rao has improved, but he will continue to remain at Mumbai’s Nanavati Hospital till December 14, reported PTI.
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Not likely to jump bail, arrest malafide: Father Stan Swamy moves Special NIA Court for bail

Not likely to jump bail, arrest malafide: Father Stan Swamy moves Special NIA Court for bail

Not likely to jump bail, arrest malafide: Father Stan Swamy moves Special NIA Court for bail

27/11/2020

Bar & Bench / by Neha Joshi

“… he was not arrested during the long investigation lasting more than 2 years itself shows that he was never seen as a flight risk or someone who would tamper with evidence”, reads the application.
83-year-old tribal rights activist and Jesuit priest, Father Stan Swamy has filed a bail application before the Special National Investigation Agency (NIA) court in Mumbai seeking release on bail from Taloja Central Jail where he has been lodged for his alleged involvement in the Bhima Koregaon case.
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Father Stan Swamy files plea for woollens, sipper, straw

27/11/2020

Hindustan Times / by Charul Shah

Tribal rights activist and priest Father Stan Swamy filed a fresh application on Thursday, requesting winter wear, a sipper cup and straw after the National Investigation Agency (NIA) informed the special court it had not confiscated Swamy’s straw and sipper cup. The matter, along with Swamy’s bail plea, will be heard next in December.
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We Don’t Have Father Stan Swamy’s Sipper & Straw With Us, Says NIA

26/11/2020

Live Law / by Nitish Kashyap

A Special NIA Court in Mumbai directed the concerned medical officer in Taloja jail to reply to the requirement of a straw and sipper filed by 83-year-old Father Stan Swamy, who suffers from Parkinson’s Disease after the National Investigation Agency expressed its inability to provide a straw and sipper for the Jesuit priest accused in the cast based violence at Bhima Koregaon.
Finally, Court directed the medical officer to reply to the requirement of straw and sipper along with winter clothes. The matter will now be heard on December 4.
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Wait for straw, sipper gets longer for Stan Swamy, who has Parkinson’s disease & is in jail

26/11/2020

The Print / by Apoorva Mandhani

Stan Swamy, in jail in connection with Bhima Koregaon violence, files fresh application seeking a straw and sipper after NIA denies seizing it. Matter will be heard on 4 December.
Stan Swamy, the 83-year-old Jharkhand-based Jesuit priest and tribal rights activist who was arrested by the National Investigation Agency (NIA) last month in connection with the Bhima Koregaon violence, will have to wait till December at least to get a straw and sipper cup which he needs as a Parkinson’s disease patient, as well as winter clothes.
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Court pulls up prison authorities for not responding to activist Anand Teltumbde’s plea

Court pulls up prison authorities for not responding to activist Anand Teltumbde’s plea

Scroll.in / by Scroll Staff

A special National Investigation Agency court pulled up authorities of Taloja prison and the Mumbai Central Jail for delaying reports related to activist Anand Teltumbde, who is an accused in the Bhima Koregaon case, reported The Times of India.
The court made the remark after Teltumbde submitted that there had been no reply to a petition he submitted in August. Teltumbde had on August 28 approached the court with an application to get home-cooked food, and highlighted his health-related problems.
Following this, the court had instructed the Taloja Jail superintendent to submit a report and take him for medical tests. The prison officials were asked to submit a response by September 4, but the authorities have still not filed it.
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Varavara Rao shifted to Nanavati Hospital, condition stable

Varavara Rao shifted to Nanavati Hospital, condition stable

Hindustan Times / by HT Correspondent

In July, Rao had undergone treatment at the state-run St George Hospital after he had tested positive for Covid-19. His neurological complications had flared up during the course of the treatment for the viral infection.
Poet-activist Varavara Rao (81), who has been booked under the Unlawful Activities (Prevention) Act (UAPA), 1967, for his alleged involvement in the Elgar Parishad and Bhima Koregaon case, was shifted to the general ward of Nanavati Hospital on Wednesday night for the next 15 days from Taloja Jail in Navi Mumbai, as per the instructions of the Bombay high court (HC).
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Bombay High Court Orders To Shift Varavara Rao To Nanavati Hospital From Prison [Read order]

Bombay High Court Orders To Shift Varavara Rao To Nanavati Hospital From Prison [Read order]

‘He’s Almost On Deathbed’: Bombay High Court Orders To Shift Varavara Rao To Nanavati Hospital From Prison

18/11/2020

Live Law / by Nitish Kshyap

Taking note of the critical medical condition of the 81-year old undertrial Varavara Rao, the Bombay High Court on Wednesday directed that he be shifted to Nanavati Super Speciality Hospital from Taloja Jail, for 15 days for a thorough check-up.
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+++ By Live Law: Bombay High Court allowing the shifting of Varavara Rao from Taloja prison to Nanavati Hospital. Court has also ordered that he shouldn’t be discharged without informing it.+++
Read order here


„What is the price we pay if he is acqutted?“ Indira Jaising during Varavara Rao´s bail hering in Bombay High Court

18/11/2020

Bar & Bench / by Bar & Bench

Jaising today confined her arguments to interim relief that Rao be shifted out of the jail hospital and to Nanavati hospital for tests and treatment.
The Bombay High Court today directed the immediate transfer of poet activist Dr Varavara Rao, an accused in the Bhima Koregaon case, from Taloja jail to the Nanavati hospital for medical examinations and treatment in view of concerns over his deteriorating health condition.
… Read a live account of the hearing today.
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Video: VV Rao to be admitted to Nanavati hospital for treatment a small relief, says Venugopal Rao


en | 7:25 min | 2020

India Ahead News / India Ahead News talks with Venugopal Rao

Bhima Koregaon case accused Varavara Rao’s kin Venugopal Rao calls #Bombay #HighCourt allowing him to be admitted to Nanavati hospital for treatment a small relief, says family was expecting bail.
Watch video


“DON’T SHIFT HIM BACK TO JAIL WITHOUT INFORMING THE COURT”: MUMBAI HIGH COURT DIRECTS N.I.A.

18/11/2020

Release the Poet / by N Venugopal

Mumbai High Court directs the government to shift poet Varavara Rao to Nanavati Hospital immediately for examinations and treatment for multiple issues of kidney, liver, heart and brain as the medical reports of November 13 and 17 revealed. Initially the government was asked to keep him in the hospital for 15 days. The government was also asked not to shift him back to jail, without informing the court. The court also allowed family members to visit VV, as per the hospital protocols.
N Venugopal