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Tag: Gautam Navlakha

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

Poster by #bakeryprasad

Stay on bail for long period affects personal liberty and rights, feel experts

09/04/2024

The Indian Express / by Sadaf Modak

Elgaar Parishad case accused Mahesh Raut and Gautam Navlakha remain in jail for over four months since grant of bail by the Bombay High Court.
The Supreme Court on Friday granted bail to activist and Nagpur University professor Shoma Sen, arrested six years ago in the Elgaar Parishad case. Two of her co-accused Mahesh Raut and Gautam Navlakha who were granted bail six and four months ago, respectively, by the Bombay High Court, continue to remain in jail awaiting their bail hearings in the SC which has stayed their release till it hears appeals against their bail.
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By @apeksha_9 (April 5):
Revolutionary Salutes to Prof. Shoma Sen! Free All the Activists wrongfully incarcerated in the Bhima Koregaon case. Repeal UAPA.

As Shoma Sen gets bail, what is the status of other accused in Elgaar Parishad case?

05/04/2024

The Indian Express / by Sadaf Modak, Omkar Gokhale

Eight accused, including prominent activists, lawyers, and academics, have now been given bail. Two of them are yet to be released from custody. The case dates back to the beginning of 2018, but the trial is yet to commence
… Among the 16 individuals arrested in the case, one – Father Stan Swamy, an 84-year-old-priest and tribal rights activist based in Jharkhand – passed away in custody in July 2021.
Before Sen, seven other accused have been given bail. Two of these eight accused, however, are yet to be released from custody because the NIA has appealed the High Court’s bail orders in the SC.
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Thread by BehanBox / @BehanBox (Apr 5):

(1/5) Today the Supreme Court granted bail to women’s rights activist #ShomaSen, accused under the Unlawful Activities (Prevention) Act, in the #BhimaKoregaon violence case. #bhimakoregaon
…
(5/5) 8 of the activists, namely Jyoti Jagtap, Sagar Gorkhe, Ramesh Gaichor, Mahesh Raut, Surendra Gadling, Sudhir Dhawale, Rona Wilson and Hany Babu, continue to languish in prison without trial.

Bhima Koregaon: The process continues to clot as punishment as another year passes by

01/01/2024

The Leaflet / Arif Ayaz Parrey, Sarah Thanawala

Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused.
Read more

Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

If you asked for house arrest, you have to pay security costs: Supreme Court to Gautam Navlakha

If you asked for house arrest, you have to pay security costs: Supreme Court to Gautam Navlakha

Gautam Navlakha

‘You asked for house arrest, must pay for it’, SC tells Bhima Koregaon accused Gautam Navlakha

09/04/2024

Scroll.in / by Scroll Staff

The National Investigation Agency had earlier told the Supreme Court that the human rights activist is liable to pay Rs 1.64 crore for the cost of his security.
The Supreme Court on Tuesday told human rights activist Gautam Navlakha that he would have to pay the costs incurred by the National Investigation Agency towards his house arrest in the Bhima Koregaon case, reported Live Law.
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If You Have Sought For House Arrest, You Must Pay The Expenses: Supreme Court Tells Bhima Koregaon Case Accused Gautam Navlakha

09/04/2024

Live Law / by Gyanvi Khanna

Today, the Supreme Court (on April 09) orally told Bhima Koregaon-accused Gautam Navlakha’s Advocate, Shadan Farasat, that if house arrest was sought, the surveillance expenses incurred by the National Investigation Agency (NIA) must be paid. However, Farasat submitted that paying the expenses was of no difficulty and that the issue is about calculating such expenses. He added that he would take the latest calculation from the Additional Solicitor General SV Raju, representing the NIA, and will address it.
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If you asked for house arrest, you have to pay security costs: Supreme Court to Gautam Navlakha

09/04/2024

Bar & Bench / by Abhimanyu Hazarika

The NIA told the Court that Navlakha owed the agency about ₹1.64 crore in security costs.
… The Court was hearing NIA’s appeal against the Bombay High Court order that granted bail to Navlakha, an accused in the Bhima Koregaon riot case of 2018.
The activist’s plea concerning the terms of his house arrest is being heard along with the bail matter.
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Also read:
▪ NIA asks Gautam Navlakha to pay Rs 1.64 crore towards the cost of his house arrest (Scroll.in / March 2024)
▪ ‘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)

Delhi Police files chargesheet in UAPA case against NewsClick founder Prabir Puryakayastha

Delhi Police files chargesheet in UAPA case against NewsClick founder Prabir Puryakayastha

NewsClick UAPA case: Delhi Police Special Cell files chargesheet against founder-editor Prabir Purkayastha, portal

30/03/2024

The Indian Express / by Nirbhay Thakur

Among allegations detailed by the Special Cell in its FIR against Prabir Purkayastha were attempts to show Kashmir and Arunachal Pradesh as “not parts of India”.
… The Special Cell had registered an FIR in this regard in August under sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). In November, the two were sent to a month’s judicial custody. The FIR also mentioned Purkayastha’s “friendship since 1991” with rights activist Gautam Navlakha who is under house arrest in the Elgar Parishad-Maoist link case.
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Delhi Police files chargesheet in UAPA case against NewsClick founder Prabir Puryakayastha

30/03/2024

Scroll.in / by Scroll Staff

Purkayastha and PPK NewsClick Studio were named as accused parties for allegedly taking Chinese funds to ‘undermine India’s sovereignty, territorial integrity’.
The Delhi Police Special Cell on Saturday filed an 8,000-page chargesheet in the Unlawful Activities Prevention Act case against NewsClick founder and editor Prabir Puryakayastha, who has been in judicial custody since November.
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Newsclick Rejects Allegations Published in Media; Latest Claims No Different

Newsclick.in | Newsclick Team | March 29, 2024
Statement on allegations published in the media about the case under UAPA being investigated by the Special Cell of Delhi Police.
Read full statement

Also read:
▪ ‘NewsClick’ case: Gautam Navlakha questioned by Delhi Police (Scroll.in / Dec 2023)
▪ This Is the Biggest Crackdown on the Indian Press by the Indian State (The Wire / Oct 2023)

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

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

Gautam Navlakha

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”.
Read more

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

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

Gautam Navlakha

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).
Read more

Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

NIA says it has already supplied copies of all electronic evidence to the accused

NIA says it has already supplied copies of all electronic evidence to the accused

The Leaflet / by Sarah Thanawala

Today, the National Investigation Agency informed the court that it has already supplied cloned copies of all electronic evidence it relies on in the Bhima Koregaon case with the accused.
It also sidestepped compliance with the previous Order of the court on providing a chart showing evidence shared and pending with the accused by stating that such a chart had already been furnished by the Forensic Science Laboratory (FSL).
Read More

Also read:
▪ 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)

Court pulls up NIA for not giving electronic evidence copies to Gautam Navlakha

Court pulls up NIA for not giving electronic evidence copies to Gautam Navlakha

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.
Read more

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)

Staying a bail order in a UAPA matter where getting bail is already difficult is a travesty of justice

Staying a bail order in a UAPA matter where getting bail is already difficult is a travesty of justice

The Leaflet / by Deeksha Dwivedi

The stay on the bail Orders of Gautam Navlakha and Mahesh Raut, incarcerated under the Unlawful Activities (Prevention) Act, 1967, creates an unconstitutional and unjust barrier for the fulfillment of their fundamental rights, laments the author.
Read more

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)
▪ Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 2023)

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

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

Gautam Navlakha

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.
Read more

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)

Bhima Koregaon: The process continues to clot as punishment as another year passes by

Bhima Koregaon: The process continues to clot as punishment as another year passes by

Poster by #bakeryprasad

The Leaflet / by Ayaz Parrey and Sarah Thanawala

Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused.
Read more