free them all

NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag

15/05/2023

The Leaflet / by Sarah Thanawala

The State opposed the change in the place of house arrest on the grounds of being “cumbersome” and creating a “security risk”. It also alleged that the plea demonstrated that Navlakha’s earlier arguments seeking house arrest on medical grounds was a farce because there is no super-speciality hospital in the vicinity of the newly proposed venue of house arrest. Senior advocate Nitya Ramakrishnan, representing Navlakha, opposed these arguments. The Bench has granted Navlakha time to search for other appropriate houses in Mumbai.
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Supreme Court Grants Time To NIA To File Counter Affidavit Regarding Change In Location of Gautam Navlakha’s House Arrest

15/05/2023

Live Law / by LIVELAW NEWS NETWORK

The Supreme Court, on Monday, granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case.
A Bench comprising Justice KM Joseph and Justice BV Nagarathna was considering an application filed by him seeking to shift his house arrest location in Mumbai.
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SC to hear activist Navlakha’s plea on Monday for shifting out from Mumbai public library under house arrest

15/05/2023

The Telegraph / by pti

The top court also directed Gautam Navlakha to deposit another Rs 8 lakh toward expenses for making available police personnel for his security
The Supreme Court is likely to hear on Monday a plea of activist Gautam Navlakha, who is under house arrest in the Elgar Parishad-Maoist links case, that he be shifted from a public library in Mumbai to some other place.
A bench of Justices K M Joseph and B V Nagarathna had on April 28 directed the CBI to file its reply within two weeks on Navlaka’s petition seeking to be shifted from the public library to some other place in the city as the facility needs to be vacated.
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Also read:
● Supreme Court directs Gautam Navlakha to pay INR 8 lakhs as cost of deploying police for his house arrest (The Leaflet / April 2023)
● Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)

Gautam Navlakha moves HC against NIA court’s rejection of bail plea

27/04/2023

The Indian Express / by The Indian Express

Navlakha, who was arrested on April 14, 2020, has been incarcerated since then. Since November, he has been under house arrest in Navi Mumbai.
Elgaar Parishad case accused Gautam Navlakha recently approached the Bombay High Court with a fresh appeal challenging a special NIA court’s order that had rejected his bail application earlier this month. Navlakha’s previous bail plea, filed before the special court, was rejected last September. Following this, he had filed an appeal before the Bombay High Court.
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Gautam Navlakha moves HC for bail again

27/04/2023

Hindustan Times / by HT Correspondent

Last year, he had filed an appeal in HC when the special court rejected his bail application in September 2022.
Mumbai: Gautam Navlakha, one of the accused in the Elgar Parishad case has approached the Bombay high court for a second time and appealed against the rejection of his bail application by a special NIA court earlier this month. Last year, he had filed an appeal in HC when the special court rejected his bail application in September 2022.
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Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)

Reasonable grounds for believing accusations about Gautam Navlakha being CPI-Maoist member: Court

14/04/2023

The Indian Express / by Express News Service

Navlakha was arrested on April 14, 2020, by the NIA and has been under house arrest since November 2022.
IN ITS detailed order rejecting bail to 69-year-old Gautam Navlakha in the Elgaar Parishad case, the special court in Mumbai has said there is prima facie evidence of a nexus between him and Syed Gulam Nabi Fai, who was convicted by a US court in 2012 for links with Pakistani spy agency ISI. The court said there are reasonable grounds for believing accusations against Navlakha, including that he is a member of the banned organisation Communist Party of India (Maoist).
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Gautam Navlakha was active member of banned terrorist group involved in attacks against security forces: Mumbai court [read order]

13/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya opined that there are reasonable grounds for believing that the accusations against Navlakha are prima facie true.
Bhima Koregaon case accused Gautam Navlakha was a member of banned terrorist organisation Communist Party of India (Maoist), which attacked and killed many government security forces, a Mumbai court held while rejecting the activist’s bail plea.
In an order uploaded on Wednesday, Special National Investigation Agency (NIA) judge Rajesh Katariya opined that there were reasonable grounds for believing that the accusations against Navlakha were prima facie true.
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Read order

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Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Mumbai court rejects Gautam Navlakha bail plea after Bombay High Court directed re-hearing

06/04/2023

Bar & Bench / by Neha Joshi

Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A special National Investigation Agency (NIA) court on Thursday rejected the regular bail plea of Gautam Navlakha in the Bhima Koregaon case of 2018.
Special judge Rajesh Katariya passed the order today after re-hearing Navlakha’s bail plea, as directed by the Bombay High Court.
A detailed order of the order is yet to be made available.
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Special NIA Court Denies Bail to Gautam Navlakha

06/04/2023

The Wire / by The Wire Staff

The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
Activist Gautam Navlakha was once again denied bail by a special NIA court on Thursday, April, in the Elgar Parishad-Maoist links case.
The Bombay high court had previously quashed the special judge’s order denying bail to the activist and instructed him to rehear Navlakha’s bail plea, citing the special court’s lack of analysis of the evidence presented by the prosecution.
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Also read:
● Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)

Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing

03/03/2023

Sabrang / by Sabrangindia

… Today, in 2023, the Bombay High Court has ordered the case to be heard expeditiously. However, it has been years since the Bhima Koregaon accused have had their freedom stripped from them. There is every probability that the said special court will reject Navlakha’s bail plea again, and then an appeal will again be filed in the upper constitutional courts. Why then, keeping in view the pattern of misuse of the criminal justice system with the aim of harassing human rights defenders, could the High Court not take up the case themselves at this stage itself?
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Bombay High Court directs special NIA court to rehear Gautam Navlakha’s bail plea for want of analysis

03/03/2023

The Leaflet / by Sarah Thanawala

The bench directed the special court to conclude the hearing within four weeks.
On Thursday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, refused to grant regular bail to Gautam Navlakha and directed the special court under National Investigation Agency (NIA) Act to rehear the bail plea for its reconsideration. The bench quashed the special court’s order dated September 5, 2022 that rejected the grant of regular bail to Navlakha.
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Bombay High Court quashes NIA court order rejecting bail to Gautam Navlakha; directs rehearing

02/03/2023

Bar & Bench / by Neha Joshi

The High Court opined that the reasoning in the lower court order was very cryptic and did not have analysis of the evidence relied upon by prosecution.
The Bombay High Court on Thursday quashed an order by the special court under the National Investigation Agency (NIA) Act rejecting bail to Bhima Koregaon accused Gautam Navlakha and directed the special judge to rehear the bail plea [Gautam Navlakha v. National Investigation Agency & Ors.].
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Pen mightier than sword but won’t strike terror: Counsel for Gautam Navlaka seeking bail in Bombay High Court

02/03/2023

The Leaflet / by Sarah Thanawala

Advocate Yug M. Chaudhary, appearing for Navlakha, challenged Navlakha’s connection with the alleged terrorist acts.
ON Wednesday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, continued hearing the regular bail application of Gautam Navlakha.  Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad Maoist links/criminal conspiracy case, is charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
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Bombay High Court Sets Aside Special Court’s “Cryptic” Order Refusing Bail To Gautam Navlakha, Directs To Decide Afresh

02/03/2023

Live Law / by Amisha Shrivastava

Observing that the trial court gave cryptic reasoning while refusing Bhima Koregaon accused Gautam Navlakha’s bail plea, the Bombay High Court on Thursday directed the Special NIA Court to hear and decide the case afresh.
The division bench of Justice AS Gadkari and Justice PD Naik set aside the Special NIA Court’s order rejecting Navlakha’s bail plea.
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Read/Download Impugned Order

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Also read:
● Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)

Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with Economic & Political Weekly, the NewsClick newsportal and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

Gautam Navlakha Not Involved With Maoist Party, Rather Suspected By Them To Be A ‘Govt Agent’: Lawyer Tells Bombay High Court

28/02/2023

Live Law / by Sharmeen Hakim

The Communist Party of India (Maoist) suspected senior journalist Gautam Navlakha was a “government agent” who negatively impacted their movement, his counsel argued before the Bombay High Court on Monday.
He cited a document seized from co-accused researcher Rona Wilson’s laptop to demonstrate the CPI(M)’s contempt for Navlakha is diametrically opposite from the UAPA charges NIA has levelled against him of “deep involvement in the activities of the CPI(Maoist) party,” and of connections with the ISI and separatist movement of Kashmir.
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Gautam Navlakha seeks bail, cites delay in commencement of trial

28/02/2023

India Today / by Vidya

Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court on Monday. Navlakha sought bail after citing a delay in the commencement of the trial.
Gautam Navlakha, an accused in the Elgar Parishad case, sought bail in the Bombay High Court, citing a delay by the prosecution in filing a reply on the discharge application argued months ago.
Highlighting the issue, Yug Mohit Chaudhari representing Navlakha, submitted that there was no prospect of a trial in the case to commence in the near future, adding Navlakhha’s discharge application was argued months ago, but the prosecution is yet to file its reply.
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Elgar Parishad case: Proof against Navlakha is his own articles, HC told

28/02/2023

Hindustan Times / by HT Correspondent

The bench was further informed that the applicant was criticised by the government as well as the Maoists for his critical articles were a sure sign of his independence.
The Bombay high court, while hearing the regular bail application of Elgar Parishad accused Gautam Navlakha, was informed that the incriminating evidence showing his connection with the banned CPI (Maoist) group was the articles which he had written as a journalist.
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No allegation of Gautam Navlakha committing any act of violence, lawyer tells HC

27/02/2023

National Herald / by pti

A division bench of Justices A S Gadkari and P D Naik is hearing the arguments on the bail plea, and the same will continue on Tuesday.
There is no allegation against Gautam Navlakha of committing any “act of violence” in the voluminous chargesheet filed in the Elgar Parisha-Maoist links case, the activist’s lawyer told the Bombay High Court on Monday.
While arguing for the activist’s bail, the lawyer also said that there was no prospect of the trial in the case to commence in the near future.
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Thread by Live Law / @LiveLawIndia Feb 27, 2023:

[Bhima Koregaon – Elgar Parishad Case]
Bombay High Court is hearing senior journalist Gautam Navlakha’s plea for regular bail. He is currently under house arrest.

Hearing before the bench of Justices AS Gadkari and PD Naik.
Adv Yug Mohit Chaudhary for Navlakha.

Chaurdhry – There are four compilations. In the bail application I have included everything that’s in the charge sheet that I could file against the applicant.

HC – There are three orders of the HC, which one correctly mentions the basic facts?
Chaudhry – I will get back.

Chaudhry – The applicant is 74 yrs. Accused No. 11. He surrendered on 14.4.2020 to NIA in Delhi after his ABA was rejected.
He has been in custody for three years and he is presently under house arrest pursuant to SC’s orders.

Chaudhry – He has been chargesheeted under sections 153A, 120B…
Chaudhry continues correcting the sections from the record.

HC – Where are the actual charges?
Chaudhry – Charges have not been framed. But let us take every word in the chargesheet.

Chaudhry – The four grounds are…
1. THERE is not a single allegation of committing ANY act of violence. Since there is no association of violence in the allegations, then no offence punishable under chapter 4 of UAPA made out.

Chaudhry – The basic ingredient for invocation of chapter 4 of UAPA is a commission, association, abetment or conspiracy to commit a terrorist act. That is not even alleged in this case.

Chaudhry – Therefore nothing involving life imprisonment is even attracted .. at the highest only section 38 & 39 of UAPA may be attracted if the chargesheet is taken as it is. Section 20 of UAPA is not attracted at all.

Chaudhry – There is no description of a terrorist act in this 54 volume chargesheet. There has to be something. It cannot be just imagination.

Chaudhry – Their answer always is he possesses the Maoist Constitution. Can that be a terrorist act? I have written articles critical of Maoist violence. I am a writer and a scholar.

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To be continued tomorrow.

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Also read:
● NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case (India Today / Feb 21, 2023)
● Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)

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Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with Economic & Political Weekly, the NewsClick newsportal and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner