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Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

06/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter to Wednesday after the State sought time.
The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale’s friend. Tribal rights activist Mahesh Raut has filed the second plea.
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Victimized For Demanding Their Rights as Prisoners: Kin of Bhima Koregaon Move Bombay High Court Against Prison Transfer Orders

03/08/2021

Live Law / by Sharmeen Hakim

The petition accuses Taloja’s previous Superintendent of initiating the transfers to cover up violations of the rights guaranteed under The Prisons Act, 1894
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar’s orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice.
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Kin of Surendra Galding, Anand Teltumbde, Sudhir Dhawale move Bombay HC challenging transfer from Taloja jail

03/08/2021

Bar & Benach / by Neha Joshi

Immediate family members of Dr. Anand Teltumbde, Surendra Gadling and Sudhir Dhawale, accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other “unspecified prison” in the State.
The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails and it was “an act of victimization for having demanded their rights as prisoners.
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Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

29/07/2021

India Today / by Vidya

The National Investigation Agency probing the Elgar Parishad case has been asked by a special court in Mumbai to submit draft charges against the accused on August 9.
The draft charges will be filed by the central agency against all the accused in the case before Special Judge Dinesh E Kothalikar.
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Teltumbde, Navlakha, Gonsalves approach special court, seek bail

27/07/2021

The Indian Express / by Express News Service

Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves sent their applications from Taloja Central Jail where they are lodged and sought to be released temporarily citing their age and vulnerability to Covid-19.
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Anand Teltumbde, Gautam Navlakha, Vernon Gonsalves move NIA Court for temporary bail after HPC remommendation to decongest jails

27/07/2021

Bar & Bench / by Neha Joshi

Special Judge DE Kothalikar has now directed NIA to file their responses to these applications.
Bhima Koregaon accused Gautam Navlakha, Vernon Gonsalves and Dr. Anand Teltumbde have moved the Special Court, which hears cases under the National Investigation Agency (NIA) Act, for interim bail.
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Political prisoners part of broader dissent against state excesses / The Future of Social Activism

Political prisoners part of broader dissent against state excesses / The Future of Social Activism


Poster, July 2020

Political prisoners part of broader dissent against state excesses

27/07/2021

The Leaflet / by Achintya Anita Gurumurthy

It has been over 500 days since Khalid Saifi’s incarceration and 300 for Umar Khalid in the northeast Delhi riots cases and almost three weeks since the custodial demise of Father Stan Swamy in the Bhima-Koregaon case – all arrested under the dreaded Unlawful Activities (Prevention) Act, (UAPA) 1967. The arrests have put the spotlight back on the category of ‘political prisoners’, who are imprisoned for opposing the government via their actions or beliefs.
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State and the Future of Social Activism

27/07/2021

EPW / by Gopal Guru

The death of Father Stan Swamy and several others as the tragic outcome of the arrest and detention without fair trial brings into critical focus the approach that the state has been adopting towards understanding social activism. In the ethics of democratic practice and constitutional morality, such an official approach would be evaluated as indiscrete, if not arbitrary, in comprehending the nature of social activism.
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161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

161 Names Revealed By The Wire On Snoop List So Far

27/07/2021

The Wire / by The Wire Staff

Over the past few days, The Wire – in collaboration with 16 other media organisations – has been revealing the names of people who were either persons of interest or forensically identified as having been targeted by clients of the NSO Group’s Pegasus spyware.
Those on the list include heads of state, political figures, activists, students, lawyers and journalists, among others.
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Pegasus exposé raises unjust detention cry

20/07/2021

The Telegraph / by Pheroze L. Vincent

The leaked database showed that the mobile numbers of several accused were on a list of those selected for surveillance by an unidentified client of NSO.
The families of the Elgaar Parishad-Maoist links detainees and one of their lawyers have said the new revelations about targeted surveillance have vindicated their stand that the prolonged imprisonment of the 15 surviving accused is unjust.
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From Ambedkarites and Labour Activists to Umar Khalid and JNU Students, Snoop List Targets All

20/07/2021

The Wire / by Ajoy Ashirwad Mahaprashasta, Sukanya Shantha and Kabir Agarwal

Leaked list of potential surveillance targets indicates attempt to keep tabs on critics of government policy.
The telephone numbers of an anti-caste leader and several prominent activists are part of a leaked database accessed by the Pegasus Project which includes individuals confirmed to have been targeted with the Israel based NSO group’s spyware.
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Indian activists jailed on terrorism charges were on list with surveillance targets

20/07/2021

The Washington Post / by Joanna Slater and Niha Masih

The Bhima Koregaon activists were also victims of an unidentified hacker who planted evidence on their computers, recent reports found.
When the Indian authorities began arresting lawyers and human rights activists in 2018, Sudha Bharadwaj did what she had done for more than three decades wherever she saw injustice. She organized. She spoke out. She asked courts to uphold the law.
Later that year, the police arrested her, too.
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Cops used Pegasus in Koregaon Bhima case, says Digvijaya Singh

20/07/2021

Times of India / by Suchandana Gupta

Congress Rajya Sabha MP Digvijaya Singh on Monday told TOI TOI that Pegasus was used by police in the Koregaon Bhima case, and even his name had surfaced, but he couldn’t be implicated because he had stopped using the phone that was mentioned in the ‘Naxalite letter’.
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Phones of ministers, journalists, lawyers and activists tapped by Pegasus spyware. Indians should worry

19/07/2021

The Leaflet / by Ramesh Menon

In the days ahead, we will know more about the investigations as they will be released in parts. Clearly, there is going to be a stormy monsoon session in Parliament as opposition members will question the government’s role in the snooping scandal. These revelations, if true, bode dangerously for the health of our democracy, writes Ramesh Menon as he recaps what we know about the Pegasus hacking allegations so far.
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The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

Frontline / by Anupama Katakam

The arrests and incarceration of 16 activists, known as the BK-16, on specious charges relating to the Bhima Koregaon violence case is part of the Central government’s systematic and methodical targeting of people who dissent and fight against oppression and for the causes of sections of society that a majoritarian government has no space for …
A look at the profile of each victim clearly indicates why the current regime feels threatened by their work.
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Court allows ED to record Navlakha’s statement in NewsClick money laundering probe

Court allows ED to record Navlakha’s statement in NewsClick money laundering probe

Newsclick / by Express News Service

Navlakha, who was arrested last year by the National Investigation Agency (NIA) in the Elgaar Parishad case, is currently lodged in Taloja Central Jail in Navi Mumbai.
A special court on Wednesday allowed the Enforcement Directorate (ED) to record the statement of activist-journalist Gautam Navlakha in connection with its money laundering probe against online news portal NewsClick.
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Three years after Bhima Koregaon: How criminal law was violated

Three years after Bhima Koregaon: How criminal law was violated

The Leaflet / by Nihalsing B Rathod

Recalling his bruising experiences with an unjust criminal justice system as part of the legal team of the activists arrested in the questionable Bhima Koregaon violence case three years ago, Nihalsing B Rathod, in this second of a three-part series, recollects how basic tenets of criminal law were violated by the Pune Police in arresting Sudha Bharadwaj, Varavara Rao, Arun Fereira, and Vernon Gonsalves at various points, and extending their detention, as well as that of Surendra Gadling, Shoma Sen, Rona Wilson, Sudhir Dhawale and Mahesh Raut. All this while, Gautam Navlakha and Anand Teltumbde exhausted all legal options to evade arrest, as the judiciary looked on, condoning the deprivation of the activists’ liberty and denying their bail applications, sometimes making gestures that filled the activists’ legal team with hope but ultimately continuing the farce that is the Bhima-Koregaon travesty.
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Also read part one: Bhima Koregaon: Marking three years since the first arrest (June 7, 2021)

Should the BK16 be left to die? / Crowded Jails & COVID: BK16 Accused’s Kin Share Fears

Should the BK16 be left to die? / Crowded Jails & COVID: BK16 Accused’s Kin Share Fears

Should the Bhima Koregaon 16 be left to die?

17/05/2021

Rediff.com / by Jyoti Punwani

Consider this:
In 2019, Father Stan Swamy, accused in the Bhima Koregaon case, had to undergo an emergency appendicitis operation because he had insisted on working till the very last day. The doctor wondered how the then 82-year-old Jesuit priest had borne the pain so long.
In the seven months that he has spent in Taloja jail, not once has Father Stan complained, except to ask for a straw and a sipper because Parkinson’s disease doesn’t allow him to have a steady grip on his cup.
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Crowded Jails & COVID: 16 Bhima Koregaon Accused’s Kin Share Fears

17/05/2021

The Quint / by Mekhala Saran

“Please allow us to take care of them,” beseech their family and friends.
“It looks like once you are a prisoner, there is no value for your life,” said Dr Jenny Rowena, a Delhi University professor and wife of Dr Hany Babu, an undertrial prisoner, at a press conference, organised by friends and family of the 16 accused in the Bhima Koregaon case.
Dr Babu is currently COVID-positive and admitted in Mumbai’s JJ Hospital with an acute eye infection that has affected his vision. Spreading to his cheeks and forehead, the infection has caused his eyes to bulge out.
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Also read/watch video: Bhima Koregaon, COVID-19 and custodial apathy in jails / Video + Press Release (May 15)

Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

Navlakha Loses Bail Plea, But SC Approves House Arrest As Alternative to Jail

13/05/2021

The Wire / by V. Venkatesan

Though the activist’s right to default bail on the basis of his 34-days house arrest in 2018 was turned down by the top court, the judges found merit in treating house arrests as an alternative form of detention.
Well-known human rights activist Gautam Navlakha lost his legal battle for default bail in the Supreme Court on Wednesday. But his case has ironically persuaded the top court to make a huge advance on human rights so that other activists like him are not similarly disadvantaged in future.
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No default bail for Gautam Navlakha, rules SC [read order]

13/05/2021

The Leaflet / by The Leaflet

The Supreme Court Wednesday refused default bail to Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case, on the grounds that the 35 days he spent under house arrest in 2018 did not constitute custody in order to compute the 90 day period within which a charge-sheet must be filed under criminal law, to entitle him to to the same. Navlakha is facing charges under the anti-terrorism UAPA.
Read more / read order


Supreme Court Dismisses Gautam Navlakha’s Plea For Default Bail [read order]

12/05/2021

Live Law / by Live Law News Network

The Supreme Court on Wednesday dismissed a petition filed by jailed activist Gautam Navlakha seeking default bail in the Bhima Koregaon case.
Navlkaha wanted to include the 34-day period of his unlawful custody in 2018 while computing the period for filing chargesheet under the Unlawful Activities Prevention Act.
A bench comprising Justices UU Lalit and KM Joseph dismissed Navlakha’s petition, affirming the Bombay High Court judgment. The bench had reserved judgment on March 26.
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Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

Supreme Court Reserves Order On Gautam Navlakha’s Plea For Default Bail

26/03/2021

Live Law / by Livelaw News Network

The Supreme Court on Friday reserved its order on a plea filed by senior journalist and activist Gautam Navlakha, against an order of the Bombay High Court denying him default bail in the Bhima Koregaon case.
The Bench comprising of Justice UU Lalit and Justice KM Joseph said that it will release the order after 7th April, as Justice Joseph is not available until then.
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Supreme Court To Hear Gautam Navlakha’s Plea For Default Bail As First Item Tomorrow

25/03/2021

Live Law / by Mehal Jain

On the request of the National Investigation Agency, the Supreme Court today adjourned the hearing on Bhima Koregaon accused Gautam Navlakha’s bail plea to 10:30 a.m. on Friday as the first item on the board.
Appearing before a bench headed by Justice UU Lalit, ASG SV Raju advanced,
“I am seeking only one day’s accommodation. It is not a regular bail application. If it was regular bail, I would understand. It is a default bail application on some hyper technical grounds…”
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Supreme Court To Hear Gautam Navlakha’s Plea On March 22

15/03/2021

Live Law / by Livelaw News Network

Whether Period Of Unlawful Custody Should Be Considered For Default Bail?
The Supreme Court on Monday said that it will hear on March 22 the petition filed by activist Gautam Navlakha challengingthe Bombay High Court judgment which rejected his plea that he should be granted default bail by computing his 34-day period of house arrest in 2018.
A division bench comprising Justices UU Lalit and KM Joseph adjourned the hearing on Monday at the request of the National Investigation Agency for filing a counter affidavit to Navlakha’s plea.
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