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Gonsalves and Ferreira application parses evidence supplied and not supplied per Section 207 CrPc

Gonsalves and Ferreira application parses evidence supplied and not supplied per Section 207 CrPc

Poster by #bakeryprasad

The Leaflet / by Sarah Thanawala

On May 23, 2022, a National Investigation Agency court had directed the agency to furnish a chart consisting of the details of electronic devices seized in the case to be supplied to accused persons, which has not been complied with.
On Wednesday, Vernon Gonsalves and Arun Ferreira filed an application containing a chart on the electronic evidence relied upon by the prosecution.
Read more


Also Read:
What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle? (The Leaflet / Aug 2023)
Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
Prison-rights activist Rona Wilson’s hard disk contained malware that allowed remote access (The Caravan / March 2020)

Poet-activist Varavara Rao undergoes eye operation in Hyderabad

Poet-activist Varavara Rao undergoes eye operation in Hyderabad

VV Rao, Feb 2021

Poet-activist Varavara Rao undergoes eye operation in Hyderabad

04/11/2023

Siasat.com / by News Desk

The Bombay High Court permitted him to travel to Hyderabad from Mumbai for the procedure last week.
Poet-activist Varavara Rao who was arrested in connection with the Elgar Parishad-Maoist links case, successfully underwent intraocular lens implant (IOL) cataract surgery at Sarojini Devi Eye Hospital here on Saturday.
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Varavara Rao undergoes cataract surgery in Hyderabad

04/11/2023

Telegana Today / By Telegana Today

Surgeon and Superintendent, Dr V Rajalingam said Varavara Rao’s surgery was phaco with multifocal foldable IOL and it was successful
Poet-activist Varavara Rao underwent cataract surgery at Sarojini Devi Eye Hospital here on Saturday.
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Bombay HC allows Varavara Rao to undergo cataract surgery in Hyderabad

24/10/2023

The Indian Express / by Express News Service

Varavara Rao had approached the high court with a plea to permit him to get cataract surgery in Hyderabad. He said he was entitled to free medical treatment of up to Rs 2 lakh in Telangana as he was a pensioner.
The Bombay High Court on Monday granted permission to Elgaar Parishad case accused Varavara Rao to visit Hyderabad for a week to undergo cataract surgery.
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Bombay High Court permits Varavara Rao to travel to Hyderabad for cataract surgery

23/10/2023

Bar & Bench / by Neha Joshi

The permission would be for a week for surgery for one eye, a division bench of Justices AS Gadkari and SC Chandak said. He can later approach the Court for permission for surgery to the second eye, the bench said.
The Bombay High Court Monday granted permission to Bhima Koregaon accused Varavara Rao to travel from Mumbai to Hyderabad for a week to undergo cataract surgery.
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Bombay High Court Permits Accused Poet Varavara Rao To Travel To Hyderabad For Cataract Surgery

23/10/2023

Live Law / by Sharmeen Hakim

The Bombay High Court has granted octogenarian Telugu poet Varavara Rao permission to travel to Hyderabad for seven days to undergo cataract surgery in one of his eyes.
Justices AS Gadkari and Shyam Chandak further asked Rao to seek permission afresh from the trial court to undergo surgery for the other eye.
Read more


Also read:
Can Varavara Rao get free cataract surgery in Hyderabad? HC seeks NIA response (The Indian Express / April 2023)
Can’t Allow Varavara Rao To Stay In Hyderabad For Three Months For Cataract Treatment, Will Delay Framing of Charges: NIA Court (Scroll.in / Sep 2022)

Supreme Court defers hearing on interim bail plea filed by Prof Shoma Sen

Supreme Court defers hearing on interim bail plea filed by Prof Shoma Sen

Shoma Sen

The Siasat Daily / by IANS

It had said that it will proceed to hear both the applications seeking interim bail and the Special Leave Petition together on the next date of listing.
The Supreme Court on Wednesday adjourned, to November 24, the hearing of an interim bail application filed by Professor Shoma K Sen, an accused in the Bhima Koregaon case.
Read more


by Bar & Bench – Live Threads / @lawbarandbench (Nov 2, 2023):
Supreme Court adjourns to November 24 bail hearing of accused in Bhima Koregaon violence case, Professor Shoma Sen.


Also read:
SC adjourns hearing on bail plea by Bhima Koregaon case accused Prof Sen (Odishatv.in / Oct 2023)
Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

01/11/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (November 1) adjourned until November 30 the hearing of activist and Bhima Koregaon-accused Jyoti Jagtap’s bail application.
A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Jagtap’s petition challenging the Bombay High Court’s decision to reject her bail application. She has been lodged in jail since September 2020 for offences under the Unlawful Activities (Prevention) Act, 1967 after being arrested in connection with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, and for having alleged links with the proscribed far-left outfit, Communist Party of India (Maoists).
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SC says principles of Arun and Vernon bail judgment to apply to Jyoti Jagtap

01/11/2023

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court today observed that as per the parameters set in the bail judgment of co-accused Vernon Gonsalves and Arun Ferreira, the contents of the recovered electronic evidence will be analysed to check whether it constitutes an offence under Chapters V and VI of the Unlawful Activities (Prevention) Act, 1967.
Today, the Supreme Court observed that the parameters set in the judgment granting bail to co-accused Vernon Gonsalves and Arun Ferreira will be applied to the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
Read more


Also read:
Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea (The Leaflet / Sep 2023)
Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)

NIA submits affidavit stating accused have been provided copies of all evidence

NIA submits affidavit stating accused have been provided copies of all evidence

Poster by #bakeryprasad

The Leaflet / by Sarah Thanawala

The long-pending plea before the special court constituted under the National Investigation Agency (NIA) Act, 2008 has been for the NIA to comply with Section 207 (supply of a copy of the police report and other documents to the accused) of the Code of Criminal Procedure.
On Wednesday, the National Investigation Agency (NIA) filed an affidavit stating that it has provided copies of all materials relied upon by it to the accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Read more


Also Read:
Bombay High Court hears petition seeking quashing of chargesheets against Shoma Sen and Rona Wilson – searching and seizing allegedly incriminating electronic documents (The Leaflet / Oct 17, 2023)
What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle? (The Leaflet / Aug 2023)
Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)

Since Evidence Tampering Not Ruled Out, Shoma Sen and Rona Wilson Want Chargesheets Quashed

Since Evidence Tampering Not Ruled Out, Shoma Sen and Rona Wilson Want Chargesheets Quashed

Since Evidence Tampering Not Ruled Out, Accused Want Chargesheets Quashed

19/10/2023

The Wire / by The Wire Staff

Shoma Sen and Rona Wilson petitioned the Bombay high court alleging that norms were violated in searching and seizing electronic documents from them. 
Shoma Sen and Rona Wilson, named as accused in the Elgar Parishad case, have alleged in their petition before the Bombay high court that the prosecution violated the Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents from them.
They urged the division Bench of Justice A.S. Gadkari and Justice Sharmila U. Deshmukh on Monday, October 17, to quash the chargesheets against them.
Read more


Bombay High Court hears petition seeking quashing of chargesheets against Shoma Sen and Rona Wilson

17/10/2023

The Leaflet / by Sarah Thanawala

Senior advocate Anand Grover, appearing on behalf of Sen and Wilson, argued that the prosecution violated principles of Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Information Technology Act, 2000 in searching and seizing allegedly incriminating electronic documents.
On Monday, the Bombay High Court heard pleas by women’s rights activist and academic Shoma Sen, and activist and researcher Rona Wilson for quashing chargesheets filed against them.
… The matter is posted for further hearing on October 23.
Read more


Lawyer Raises Concerns Over Security Of Devices Seized In Bhima Koregaon Investigation: Report

17/10/2023

MediaNama / by Aarathi Ganesan

Lawyer Anand Grover argued that simply sealing electronic devices upon seizure did not ensure that the data within had been secured. He also noted that electronic devices could be easily tampered with, without any indication.
The electronic evidence recovered from activists Shoma Sen and Rona Wilson in the Bhima Koregaon investigation was improperly secured upon seizure, advocate Anand Grover alleged before the Bombay High Court yesterday, The Leaflet reported.
Read more


Also read:
Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
Cyber Attackers Who Targeted Rona Wilson Could Have Been Engaged by Same Entity: Report (The Wire / Feb 2022)

Supreme Court extends stay on bail granted to Mahesh Raut till Nov 1

Supreme Court extends stay on bail granted to Mahesh Raut till Nov 1

Supreme Court extends stay on bail granted to Mahesh Raut again

11/10/2023

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court allowed adjournment sought by additional solicitor general S.V. Raju, appearing for the National Investigation Agency, and allowed the interim Order of stay to continue till the next date of hearing.
On Wednesday, the Supreme Court allowed a further extension on stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
Read more


SC extends Bombay HC stay on Mahesh Raut bail till Nov 1

11/10/2023

The Siasat Daily / by IANS

On September 21, a division bench of Justice A.S. Gadkari and Justice Sharmila Deshmukh of the High Court had granted bail to Raut, who has been in jail since June 6, 2018 for his alleged links with Maoists.
The Supreme Court on Wednesday said that the order granting bail to the Bhima Koregaon-Elgaar Parishad conspiracy case accused Mahesh Raut will not be given effect till November 1.
Read more


Also read:
Supreme Court extends stay on bail granted to Mahesh Raut (The Leaflet / Sep 27, 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)

Supreme Court Issues Notice on Surendra Gadling’s Bail Plea in 2016 Gadchiroli Arson Case

Supreme Court Issues Notice on Surendra Gadling’s Bail Plea in 2016 Gadchiroli Arson Case


by Bar & Bench / @barandbench (Oct 23, 2023):
Bombay High Court has condoned delay in filing of appeal of Bhima Koregaon accused Surendra Gadling seeking default bail.


Supreme Court Issues Notice on Surendra Gadling’s Bail Plea in 2016 Gadchiroli Arson Case

10/10/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday issued notice on the bail plea of Dalit rights activist and advocate Surendra Gadling in the 2016 Gadchiroli Arson Case. The Nagpur-based lawyer is also among the 16 accused in the Bhima Koregaon case and is currently lodged in Navi Mumbai’s Taloja prison.
A bench of Justices Aniruddha Bose and Bela Trivedi was hearing Gadling’s special leave petition challenging the Bombay High Court’s decision to reject his bail application in the Gadchiroli arson case which involved around 80 vehicles transporting iron ore from Surjagarh mines in Maharashtra’s Gadchiroli district from allegedly being set on fire by Maoists in December 2016.
Read more


Gadchiroli arson case: Supreme Court issues notice in bail plea of Surendra Gadling

10/10/2023

The Leaflet / by Sarah Thanawala

Senior advocate Anand Grover, representing Gadling, stated that Gadling’s case is “less egregious” than the case of two other co-accused persons in the Bhima Koregaon case— trade unionist and activist Vernon Gonsalves and lawyer and activist Arun Ferreira.
On Tuesday, the Supreme Court issued a notice in the bail plea by human rights lawyer and Dalit rights activist Surendra Gadling.
A division Bench of the high court comprising Justices Aniruddha Bose and Bela M. Trivedi was hearing the bail application filed by Gadling, challenging the Order of the Bombay High Court dated January 31.
Read more


Also read:
HC upholds denial of bail to Nagpur lawyer Surendra Gadling (Nagpur Today / Feb 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)

Supreme Court adjourns hearing on bail plea by Shoma Sen

Supreme Court adjourns hearing on bail plea by Shoma Sen

Odiashatv.in / by ians

A Bench comprising Justices Aniruddha Bose and Bela M Trivedi posted the matter for hearing after a period of four weeks and allowed the petitioner to file a rejoinder to the counter-affidavit filed by the NIA.
The Supreme Court on Wednesday deferred the hearing on a bail plea filed by Professor Shoma K Sen, an accused in the Bhima Koregaon case.
Read more


Also read:
Supreme Court seeks NIA reply on interim bail for Elgar Parishad accused activist (Hindustan Times / Aug 2023)
Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

SC Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

SC Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

Supreme Court extends stay on bail granted to Mahesh Raut

27/09/2023

The Leaflet / by Sarah Thanawala

On September 21, Bombay High Court had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency to appeal in the Supreme Court.
On Wednesday, the Supreme Court extended the stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
On September 21, a division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency (NIA) to appeal in the Supreme Court.
Today, a division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi heard the special leave petition filed by the NIA challenging the Order of the high court.
Read more


Supreme Court Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

27/09/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (September 27) admitted the appeal by the National Investigation Agency (NIA) challenging the bail granted to tribal rights activist Mahesh Raut in the Bhima Koregaon case over alleged maoist list.
The Court also extended the stay, which was granted by the Bombay High Court itself on the bail order, till the next date of hearing October 5.
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Supreme Court extends Bombay High Court stay on bail to Mahesh Raut

27/09/2023

Bar & Bench / by Abhimanyu Hazarika

A bench of Justices Aniruddha Bose and Bela M Trivedi admitted the NIA’s appeal against the High Court’s order granting Raut bail and listed the case on October 5. The stay on Raut’s bail order will continue until then.
The Supreme Court on Wednesday extended till October 5 the stay imposed by the Bombay High Court on its order granting bail to Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case. [National Investigation Agency v. Mahesh Sitaram Raut and anr]
A bench of Justices Aniruddha Bose and Bela M Trivedi passed the order on the appeal filed by National Investigation Agency (NIA) before the apex court challenging the High Court’s bail order.
Read more


Also read:
The cost of protesting against mining in Gadchiroli (Scroll.in | by Nolina Minj | Sep 27, 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)
No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order] (Live Law / Sep 21, 2023)
Encountering Resistance – State Policy for Development in Gadchiroli (Coordination of Democratic Rights Organisations (CDRO / June 2018)
Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)