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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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India’s 21st-century dungeons – Government is tardy with revealing jail data

India’s 21st-century dungeons – Government is tardy with revealing jail data

UCA News / by John Dayal

A little plastic hollow straw, much like the one you’d get with fresh tender coconut or cold drink at a roadside eatery, has gained much attention not just on the vagaries of the law of the land and its courts, but even more on the conditions in the prisons in India.
It took several weeks for 84-year-old Jesuit Father Stan Swamy–in prison as a mere suspect in a trumped-up conspiracy called the Bhima-Koregaon case–to get the plastic drinking straw, which he needs to take a sip of water or tea because his Parkinson’s disease afflicted hands can bare hold the cup. He is not yet an undertrial, and certainly not a convict.
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After jail refuses to give Gautam Navlakha his glasses, Maharashtra orders inquiry

After jail refuses to give Gautam Navlakha his glasses, Maharashtra orders inquiry

After jail refuses to give activist Gautam Navlakha his glasses, Maharashtra orders inquiry

10/12/2020

Scroll.in / by Scroll Staff

Home Minister Anil Deshmukh said the that the situation should have been handled humanly.
Maharashtra Home Minister Anil Deshmukh on Thursday ordered an inquiry into Taloja Jail authorities’ refusal to accept a package containing activist Gautam Navlakha’s spectacles. The 70-year-old civil rights campaigner is an accused in the Bhima Koregaon case.
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Taloja Jail to Gautam Navlakha’s partner Sahba Husain: Resend glasses, we will accept it this time

08/12/2020

Free Press Journal / by Bhavna Uchil & Narsi Benwal

Authorities at the Taloja jail have asked civil liberties activist Gautam Navlakha’s partner Sahba Husain to resend the new pair of spectacles she had sent for him, which they had refused to accept earlier, assuring her they would accept it this time.
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After Stan Swamy struggled for his sipper, jailed Gautam Navlakha can’t get his spectacles

07/12/2020

Scroll.in / by Scroll Staff

Navlakha’s partner said he ‘is close to blind without his glasses’, but jail authorities have refused to accept a parcel containing new spectacles.
The Taloja Jail authorities in Mumbai have refused to accept a parcel containing the spectacles of civil rights campaigner Gautam Navlakha, his partner Sabha Hussain said in a statement shared on Monday.
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Taloja Jail Authorities Deny Newly Made Spectacles to Gautam Navlakha

07/12/2020

The Wire / by The Wire Staff

Navlakha was arrested in April for his alleged connection with the Bhima Koregaon case.
Gautam Navlakha, nearly 70, patient of several ailments, had his spectacles stolen on November 27. Close to blind without his glasses, he was not even permitted to call his home for a replacement until three days later, but even that call proved futile.
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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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A List of Activists, Scholars and Scribes Whose Personal Liberty Remains at Judiciary’s Mercy

A List of Activists, Scholars and Scribes Whose Personal Liberty Remains at Judiciary’s Mercy

A List of Activists, Scholars and Scribes Whose Personal Liberty Remains at Judiciary’s Mercy

13/11/2020

The Wire / by Ismat Ara and Sukanya Shantha

On September 7, following sustained interrogation at the National Investigation Agency’s office in Mumbai, two activists of the Kabir Kala Manch – Sagar Gorkhe and Ramesh Gaichor – were arrested for alleged connections to the 2018 Elgar Parishad case. Days later, another young cultural activist of the group, Jyoti Jagtap, was arrested too…
The Wire has put together a list of cases where activists and journalists arrested in the past years have struggled either in securing regular hearings, or in having their basic human rights protected, or both. Their situations put the Supreme Court’s assertion on “personal liberty” during Goswami’s bail hearing in harsh perspective.
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Stan Swamy vs Arnab Goswami: Are activists fighting a losing battle? Whither justice?

14/11/2020

Counterview / by Fr Sunil Macwan SJ

It is time one raised pertinent questions over the courts denying bail to Fr Stan Swamy, who was arrested under the Unlawful Activities (Prevention) Act (UAPA), and granting it to Arnab Goswami, editor-in-chief of the Republic TV, arrested under the charge of abetting suicide of Avay Naik, who ended his life in 2018. It is travesty of justice that a human rights activist is not only denied bail but is also made to wait for weeks to hear a response to his legitimate request for a straw to drink water, while Arnab Goswami walks free.
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Navlakha, Parvez part of a larger conspiracy to defame India: NIA

Navlakha, Parvez part of a larger conspiracy to defame India: NIA

The New Indian Express / by Express News Service

The NIA, in its Elgar Parishad charge sheet, alleged that Navlakha was working as a link between Pakistan’s ISI and the CPI-Maoist.
The National Investigation Agency (NIA) believes are links between Kashmiri activist Khurram Parvez and activist Gautam Navlakha, who was chargesheeted in the Elgar Parishad Bhima Koregaon case, sources said on Wednesday.
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Court takes cognizance of NIA’s supplementary chargesheet; says prima-facie material exists

Court takes cognizance of NIA’s supplementary chargesheet; says prima-facie material exists


Ranchi, Oct 2020

Free Press Journal / By Staff Reporter

The seven accused Anand Teltumbde, Gautam Navlakha, Hany Babu, Sagar Gorkhe, Ramesh Gaichor, Jyoti Jagtap and Stan Swamy have been charged for criminal conspiracy among other offences under the IPC and under sections of the Unlawful Activities Prevention Act (UAPA).
The court noted that in view of the aforesaid allegations and considering the material available on record, it finds that there is prima-facie material on record against the accused persons to take cognizance of the offences. Hence, cognizance is taken.
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Media reports about the new 10,000 page chargesheet in the Bhima Koregaon case

Media reports about the new 10,000 page chargesheet in the Bhima Koregaon case


Drawing by Arun Fereirra

Chargesheet in Elgar Parishad case: CPI Maoist documents, letters on ‘anti-fascist front’ cited by NIA

14/10/2020

The Indian Express / by Deeptiman Tiwary

The agency last week submitted its first chargesheet in the case, which was filed in connection with the violence on January 1, 2018, in Pune.
Literature on 50 years of Naxalbari, CPI Maoist press releases, a guide on encrypted data communication on GSM network, a mini manual of “urban guerrilla”, “information literature related to weapon, bomb, mortar” and letters discussing issues like raising a militant “anti-fascist front” in the wake of attacks on Dalits and minorities — these are among key evidences cited by the National Investigation Agency (NIA) against activists such as Stan Swamy, Hany Babu, Gautam Navlakha and Anand Teltumbde in the Elgar Parishad case.
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Milind Teltumbde organised weapons training in forests: NIA claims in its charge sheet

14/10/2020

National Herald / by IANS

Absconding accused Milind Teltumbde had organised arms training in the Korchi forest area of Maharashtra’s Gadchiroli for three activists of the banned organisation Kabir Kala Manch, the National Investigation Agency (NIA) claimed in its charge sheet filed in the Bhima Koregaon case last week. The three activists were Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagtap…
The NIA also claimed that Delhi University Associate Professor Hany Babu, who was arrested from his residence in Uttar Pradesh’s Noida in July this year, was in contact with Paikhomba Meitei, Secretary I&P Military Affairs KCP (MC), an organisation banned under the Unlawful Activities Prevention Act (UAPA).
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NIA chargesheet says Stan Swamy received Rs 8 lakh for CPI-Maoist activities

13/10/2020

ANI / by Nishant Ketu

Stan Swamy, who was arrested last week from Ranchi in connection with the Bhima-Koregaon case, possessed Maoist propaganda material and received Rs eight lakh to carry out activities of the banned CPI-Maoist, NIA has said in its chargesheet.
The NIA said it among the documents seized from Swamy’ residence were “guide of encrypted data communication on GSM network”, “an essential underground handbook”, “letter between comrades for using encryption, “mini-manual of urban guerilla”.
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This is what NIA’s Bhima Koregaon chargesheet says about Stan Swamy

13/10/2020

India Today / by Kamaljit Kaur Sandhu

Stan Swamy is a Jharkhand-based Jesuit priest. He has been booked for criminal conspiracy under the Unlawful (Activities) Prevention Act (UAPA). Here’s what the NIA chargesheet says about him.
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Gautam Navlakha Was In Touch with ISI Lobbyist, Says NIA Chargesheet

13/10/2020

News 18 / by Arunima

The NIA in its Elgar Parishad investigation has found a link between Pakistan’s ISI and the CPI-Maoist. The agency in its chargesheet has called activist Gautam Navlakha the link between the two.
The agency filed its first chargesheet in the special NIA court in Mumbai last week against eight people. Besides Navlakha, it named Hany Babu, Stan Swamy, Anand Teltumbde, Sagar Gorkhe, Ramesh Gaichor, Jyoti Jagtap and Milind Teltumbde under several sections of the Indian Penal Code and Unlawful Prevention Activities Act.
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