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‘Trial will take years & years & years:’ SC grants bail to Gautam Navlakha

‘Trial will take years & years & years:’ SC grants bail to Gautam Navlakha

Gautam Navlakha

Gautam Navlakha Gets Bail, But the Elgar Parishad Ordeal Continues

16/05/2024

The Wire / by Mekhala Saran

‘We are really hopeful now but also angry that a clearly innocent man has to remain in jail.’
On Tuesday, May 14, the Supreme Court finally refused to continue enabling the prolonged incarceration of septuagenarian activist and journalist Gautam Navlakha.
Noting that the trial would take “years and years and years for its completion,” the Supreme Court refused to extend its stay on the Bombay high court’s order granting bail to Navlakha. But the apex court only arrived at their decision — “no need for extending the interim order of stay,” it said — after Navlakha had already suffered over four years of incarceration. This includes a period of four months after the Bombay high court had already found that there was no material to implicate him under terrorism-related charges.
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Gautam Navlakha granted bail by Supreme Court; orders him to pay 20 lakhs for the expenses incurred during his house arrest

15/05/2024

cjp.org / by CJP Team

Noting that trial may take years to complete, SC bench of Justices MM Sundresh and SVN Bhatti refused to extend the stay on Navlakha’s bail
On May 14, the Supreme Court bench of Justices MM Sundresh and SVN Bhatti granted bail to Gautam Navlakha in Bhima Koregaon conspiracy case, arguing that the accused has already undergone 4 years of incarceration and the trial may take “years and years and years” to complete.
The Supreme Court did not extend the stay on the bail, noting that the charges are yet to be framed and six of the co-accused in the case have already secured bail.
Read more


Supreme Court Lifts Stay on Bail Granted to Gautam Navlakha in Elgar Parishad Case

14/05/2024

The Wire / by The Wire Staff

Navlakha had been arrested on April 14, 2020. Since November 10, 2022, he has been under house arrest in Mumbai.
The Supreme Court on Tuesday (May 14) lifted the stay on the bail granted to rights activist Gautam Navlakha, who was arrested in the Elgar Parishad case. The Bombay High Court had granted Navlakha bail on December 19 last year, but the court had then agreed to a three-week stay on its decision in which the National Investigation Agency could approach the Supreme Court.
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Gautam Navlakha gets bail as Supreme Court lifts stay on Bombay High Court order

14/05/2024

Bar & Bench / by Abhimanyu Hazarika

A Bench of Justices MM Sundresh and SVN Bhatti refrained from extending the stay as the High Court order was detailed and also because the trial would take years to complete.
Gautam Navlakha, accused in the Bhima Koregaon violence case of 2018, got bail on Tuesday after the Supreme Court lifted the stay on the Bombay High Court order granting bail to the activist.
A Bench of Justices MM Sundresh and SVN Bhatti refrained from extending the stay as the High Court order was detailed and also because the trial would take years to complete.
Read more


Supreme Court grants bail to activist Gautam Navlakha in Elgaar Parishad case

14/05/2024

The Indian Express / by Express Web Service

The court also said that Navlakha has to pay Rs 20 lakh towards expenses for the security he availed during his house arrest.
Four years after his arrest, the Supreme Court on Tuesday granted bail to activist Gautam Navlakha in the Elgaar Parishad case.
The court granted bail considering Navlakha’s age and that trial will not be over anytime soon. The court also noted that some of the co-accused in the case have been granted bail.
Read more


Human rights activist Gautam Navlakha gets bail in Bhima Koregaon case

14/05/2024

Scroll.in / by Scroll Staff

The 70-year-old activist, arrested in August 2018, has been under house arrest since November 2022.
Human rights activist Gautam Navlakha was on Tuesday granted bail by the Supreme Court in the Bhima Koregaon case, Bar and Bench reported.
A bench of Justices MM Sundresh and SVN Bhatti granted the bail subject to the payment of Rs 20 lakh towards the cost of Navlakha’s security during his house arrest.
Read more


‘Trial will take years & years & years:’ SC grants bail to Bhima Koregaon accused Gautam Navlakha

14/05/2024

The Print / by The Print Team

The top court noted the former journalist was in jail for 4 years already, and that charges in the case were yet to be framed.
The Supreme Court Tuesday granted bail to activist Gautam Navlakha, an accused in the 2018 Bhima Koregaon case, observing that the trial in the case was not likely to end any time soon.
A bench of Justices M.M. Sundresh and S.V.N. Bhatti said Navlakha had been incarcerated for more than four years and that the trial would take “years and years and years” to complete.
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)

The Supreme Court again adjourns Gautam Navlakha’s hearing

The Supreme Court again adjourns Gautam Navlakha’s hearing

Gautam Navlakha

by Bar and Bench / @barandbench (May 7, 2024):

Supreme Court to continue hearing case regarding house arrest terms of activist Gautam Navlakha, accused in the Bhima Koregaon violence case.
NIA’s appeal against Bombay HC order granting him regular bail in the matter to also be heard.

Thread by Live Law / @LiveLawIndia (May 7, 2024):

#SupremeCourt to hear Bhima Koregaon-accused Gautam Navlakha’s plea for shifting his house arrest location in Mumbai.
Navlakha, a journalist and activist, was arrested on April 14, 2020.
Owing to his ill health, the Supreme Court placed him under house arrest in November 2022.
Counsel: Mr. Raju is arguing part heard in Court No. 2. It Might take a day.
Senior Advocate Nitya Ramakrishnan: That Court is sitting until 1 PM…He is 72 years old…this is not fair; last time, I did not say anything. We cannot continue like this.
Counsel: ASG is on legs in some other courts.
Court: He (ASG) has not shown an appearance till now. Every time matter goes on pass over.
However, Counsel requests short accommodation.
The court suggested the matter to be listed next week.
After citing practical difficulties to be listed on miscellaneous working days, the court listed the matter as Tuesday (next week).
On the request of Sr. Adv. Nitya Ramakrishnan, the court provided the last opportunity of hearing to ASG appearing for NIA.

Also read:
SC defers NIA appeal against Bombay HC’s bail to Gautam Navlakha to May 7 (The New Indian Express / April 30, 2024)

Info warfare, ‘Kashmir cell’, Maoists, Akhlaq killing find mention in Delhi Police’s NewsClick chargesheet

Info warfare, ‘Kashmir cell’, Maoists, Akhlaq killing find mention in Delhi Police’s NewsClick chargesheet

Info warfare, ‘Kashmir cell’, Maoists, Akhlaq killing find mention in Delhi Police’s NewsClick chargesheet

02/05/2024

The Print / by Bismee Taskin

In the “first” manifestations of the “conspiracy” in email trails between Shanghai-based American tech mogul Neville Roy Singham and NewsClick founder Prabir Purkayastha, it has been found that “special emphasis” was laid on “an alternative vision”, “allying with separatists” and “creating a media unit”, according to the Delhi Police chargesheet in the Newsclick case.
The names of civil right activists Harsh Mander, Gautam Navlakha and Teesta Setalvad as well as those of members of the Chinese Communist Party, the Students’ Federation of India and a shareholder of NewsClick are mentioned in the document.
Read more


‘Funded LeT & Maoists, distributed cash among CAA rioters’ – Delhi Police chargesheet against NewsClick

01/05/2024

The Print / by Bismee Taskin

In 8,000 page chargesheet, police have accused NewsClick & founder Prabir Purkayastha of ‘terror financing’, largely based on statements by protected witnesses. Both charged under UAPA.
Providing funding to Lashkar-e-Taiba (LeT) and Left-Wing Extremists (LWE) and distributing cash among “rioters” associated with the 2019 protests against the Citizenship Amendment Act (CAA) – these are the allegations against NewsClick founder and editor-in-chief Prabir Purkayastha and activist Gautam Navlakha in the chargesheet filed by Delhi Police in the alleged NewsClick case last month.
Read more


NewsClick Rejects Absurd, Baseless Allegations in Delhi Police Chargesheet

01/05/2024

Newsclick / by Newsclick Team

NewsClick and Prabir Purkyastha have not been involved in any terrorist act. Nor is there any evidence for the same. Prabir does not have links to any terrorist group.
Several reports have appeared in the media reproducing allegations from the Delhi Police’s chargesheet against NewsClick and its Editor-in-Chief Prabir Purkayastha. Many of these reports have been published without seeking a response from NewsClick.
We have consistently maintained that we do not seek a media trial; that we do not want to discuss matters that are sub judice; and that we have full faith in the judicial process. However, given the gravity, and too often, the sheer absurdity, of the allegations, we would like to state the following.
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)

Trial May Not Be Over For Another 10 Years, Says SC While Hearing NIA Challenge To Gautam Navlakha’s Bail

Trial May Not Be Over For Another 10 Years, Says SC While Hearing NIA Challenge To Gautam Navlakha’s Bail

Gautam Navlakha

Trial May Not Be Over For Another 10 Years, Says SC While Hearing NIA Challenge To Gautam Navlakha’s Bail

30/04/2024

Live Law / by Gyanvi Khanna

The Supreme Court (on April 30), while hearing National Investigative Agency’s challenge against the Bombay High Court order granting bail to Bhima Koregaon-accused Gautam Navlakha, orally said that the trial “may not be over for another ten years.”
This was after the Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, informed the Court that there were 375 witnesses in the case.
Read more


SC defers NIA appeal against Bombay HC’s bail to Gautam Navlakha to May 7

30/04/2024

The New Indian Express / by Suchitra Kalyan Mohanty

The hearing was adjourned as Additional Solicitor General SV Raju, appearing for the National Investigation Agency, was unavailable to argue in the matter before it.
The Supreme Court on Tuesday adjourned the NIA’s appeal challenging a Bombay High Court order granting bail to human rights activist and journalist Gautam Navlakha, an accused in the Bhima Koregaon case, to May 7.
Read more


Also read:
Stay on bail for long period affects personal liberty and rights, feel experts (The Indian Express / April 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)

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.
Read more


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.
Read more


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.
Read more


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.
Read more


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.
Read more


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.
Read more


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.
Read more


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.
Read more


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)