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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

Delhi police special cell questions Gautam Navlakha in NewsClick case

Delhi police special cell questions Gautam Navlakha in NewsClick case

Gautam Navlakha

‘NewsClick’ case: Gautam Navlakha questioned by Delhi Police

31/12/2023

Scroll.in / by Scroll Staff

The activist and is a shareholder of PPK NewsClick Studio Private Limited since 2018, according to the first information report in the case.
Activist Gautam Navlakha was on Saturday questioned by the Delhi Police in connection with a case against news website NewsClick filed under the Unlawful Activities (Prevention) Act, reported PTI.
Read more


Delhi police special cell questions Gautam Navlakha in NewsClick case

31/12/2023

Hindustan Times / by G Mohiuddin Jeddy

A team of the Delhi police special cell arrived in Mumbai on Saturday to question activist Gautam Navlakha in connection with the Newsclick foreign funding case. Navlakha is currently under house arrest in Navi Mumbai in the Elgar Parishad-Bhima Koregaon violence case.
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Activist Gautam Navlakha to be questioned over foreign funding, links with ISI

24/12/2023

India Today / by Arvind Ojha

The special cell of Delhi police will question activist Gautam Navlakha about his alleged involvement with Chinese funding and a nexus with Syed Ghulam Nabi Fai, who was arrested by the FBI in the US.
The Delhi Police special cell will interrogate activist and journalist Gautam Navlakha at his residence in Mumbai next week, as part of the ongoing investigation into allegations of foreign funding and connections with Pakistan’s spy agency ISI.
Read more


Delhi Police seek 3-month extension for NewsClick probe, to question Gautam Navlakha Wednesday

19/12/2023

The Print / by Bismee Taskin

Also accused in Bhima Koregaon case, activist Gautam Navlakha will be questioned in connection with ‘illegal funds’ which Delhi police claim were routed to NewsClick, it is learnt.
The Delhi police have sought a three-month extension before a court here to complete its investigation in the NewsClick case, ThePrint has learnt.
Read more


Delhi Police gets permission to question rights activist Gautam Navlakha in Newsclick case

16/12/2023

The Indian Express / by Express News Service

The police want to question Navlakha, a shareholder of PPK Newsclick Studio Pvt Ltd, about illegal funds’ they accuse him to have received in the past five years
Delhi Police’s Special Cell has got a court’s permission to question human rights activist Gautam Navlakha, an accused in the UAPA case registered against him and staffers of the NewsClick website, at his home in Navi Mumbai, where he has been under house arrest in the Bhima Koregaon case.
Read more


Also read:
Newsclick case: Portal’s HR head Chakravarty moves Delhi court seeking to turn approver (The New Indian Express / Dec 25, 2023)
This Is the Biggest Crackdown on the Indian Press by the Indian State (The Wire / Oct 2023)


Gautam Navlakha

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 NewsClick, Economic & Political Weekly and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

Unjust detention: Gautam Navlakha’s bail victory highlights insufficient evidence

Unjust detention: Gautam Navlakha’s bail victory highlights insufficient evidence

Gautam Navlakha

Sabrang India / by Sabrang India

Granting bail to writer and activist, Gautam Navlakha in the Elgar Parishad-Maoist links case (Bhima Koregaon case), the Bombay High Court, found insufficient evidence to prima facie indicate Navlakha’s involvement in conspiring or executing terrorist acts
… The court’s assessment in the Gautam Navlakha bail hearing highlighted the lack of substantial material linking Navlakha to terrorist activities. It emphasized that his alleged membership with CPI (Maoist) could, at most, implicate him under sections 13 and 38 of the Unlawful Activities (Prevention) Act, carrying a maximum punishment of ten years.
Read more


Also read:
Charges for Navlakha’s protection under house arrest exceed ₹1 crore (Hindustan Times / Dec 2023)
PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha (PUDR / Dec 2023)
‘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)

PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha

PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha

Poster by PUDR, April 2023

pudr.org / Peoples Union for Democratic Rights (PUDR)

PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha, a well-known civil rights activist, author, and journalist, on December 19, 2023. The two-member bench comprising Justices AS Gadkari and Shivkumar Dige ruled that based on a perusal of the documents presented, there was no material evidence to infer Gautam Navlakha’s involvement in terrorist acts as shown in the chargesheet against him under sections of the Unlawful Activities Prevention Act (UAPA) by the National Investigating Agency (NIA).
Read full statement


Also read:
PUDR welcomes the release on bail of Vernon Gonsalves and Arun Ferreira today, but protests onerous bail conditions (PUDR / Aug 2023)
Five years behind bars for five activists – Without bail, without charges being framed, without justice! (PUDR / June 2023)

‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling

‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling

Scroll.in / by Vineet Bhalla

Mahesh Raut was granted bail in September but he remains in prison. A similar fate might await Gautam Navlakha, who was granted bail on Tuesday.
More than five years after he was arrested in the Bhima Koregaon case, journalist and activist Gautam Navlakha was finally granted bail by the Bombay High Court on Tuesday. However, he is unlikely to walk out of prison soon.
Another person accused in the case, activist Mahesh Raut, was granted bail by the High Court in September. Nearly four months later, he is still in prison.
Read more


Also read:
Supreme Court extends stay on bail granted to Mahesh Raut again (The Leaflet / Oct 2023)
Supreme Court extends stay on bail granted to Mahesh Raut (The Leaflet / Sep 27, 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)

Bombay HC grants bail to Gautam Navlakha but stays order for NIA to file appeal [read order]

Bombay HC grants bail to Gautam Navlakha but stays order for NIA to file appeal [read order]

Gautam Navlakha

No evidence to show Bhima Koregaon accused Gautam Navlakha was involved in terrorist act: Bombay High Court [read order]

21/12/2023

Bar & Bench / by Neha Joshi

The Court the evidence on record indicated that Navlakha can at the most be said to have been a member of the banned CPI (Maoist) and therefore, it would only attract offences under Sections 13 and 38 of UAPA.
There is no prima facie evidence to show that activist Gautam Navlakha was involved in any terrorist act under the Unlawful Activities Prevention Act (UAPA), the Bombay High Court observed while granting him bail in the Bhima Koregaon case of 2018. [Gautam Navlakha v. National Investigation Agency & Ors.]
Read more
Read order


No material to show that Gautam Navlakha committed terrorist act, says Bombay HC in bail order

21/12/2023

Scroll.in / by Scroll Staff

The court allowed the activist’s bail petition on Tuesday, and the detailed judgement was made public on Wednesday.
The Bombay High Court said on Tuesday that there was no material to suggest that activist and journalist Gautam Navlakha had committed a terrorist act as defined by the Unlawful Activities (Prevention) Act.
Read more


Bombay High Court Grants Bail To Journalist Gautam Navlakha In Bhima Koregaon – Elgar Parishad Case [read order]

20/12/2023

Live Law / by Sharmeen Hakim

There is no material to infer senior journalist and accused Gautam Navlakha had committed a terrorist Act as contemplated under Section 15 of UAPA, the Bombay High Court observed in its detailed order granting him bail in the Bhima Koregaon – Elgar Parishad Case.
“The actual involvement of the appellant in any terrorist act cannot be even inferred from any of the communications and/ or statements of the witnesses,” the court observed.
Read more
Read order


Bombay High Court grants, stays bail to Gautam Navlakha

19/12/2023

The Leaflet / by Sarah Thanawala

Following a concerning trend, a Bench of Justices A.S. Gadkari and Shivkumar Dige has allowed a stay of three weeks on the bail Order.
On Tuesday, the Bombay High Court granted bail to journalist and human rights activist Gautam Navlakha.
Read more


Bombay High Court Grants Bail To Gautam Navlakha In Bhima Koregaon Case; Stays Order For 3 Weeks

19/12/2023

Live Law / by Livelaw News Network

The Bombay High Court has granted bail to senior journalist and activist Gautam Navlakha, an accused in the Bhima Koregaon- Elgar Parishad case over alleged Maoist links.
The order was passed by a division bench headed by Justice AS Gadkari, making him the seventh accused to be granted bail in the the case.
After the NIA urged the court to stay the order for a period of six weeks, the court stayed the order for three weeks.
Read more


Bombay High Court Grants Bail to Gautam Navlakha

19/12/2023

Bar & Bench / by Neha Joshi

He is the seventh accused to get bail in the Bhima Koregaon case after Sudha Bharadwaj, Varavara Rao, Anand Teltumbde, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Tuesday granted bail to activist Gautam Navlakha, accused in Bhima Koregaon riot case of 2018.
A division bench of Justices AS Gadkari and SG Dige imposed the same conditions for bail on Navlakha as imposed on the co-accused, Anand Teltumbde and Mahesh Raut.
Read more


Bombay High Court Grants Bail to Gautam Navlakha in Elgar Parishad Case

19/12/2023

The Wire / by The Wire Staff

The court has put a three-week stay on its decision in which the National Investigation Agency can approach the Supreme Court.
… Five of the accused – lawyer Sudha Bharadwaj, poet Varavara Rao, academic Anand Teltumbe, lawyer Arun Ferreira and activist Vernon Gonsalves – are currently out on bail. Father Stan Swamy, a tribal rights activist and Jesuit priest, passed away while in custody.
Activist Mahesh Raut was granted bail in September, but remains in jail as the stay on that decision was extended.
Read more

The curious case of Gautam Navlakha’s house arrest

The curious case of Gautam Navlakha’s house arrest

Poster by PUDR

The Leaflet / by Prakhar Bajpai

Taking a closer look at the legal and practical aspects of house arrest, the author makes a case for pivotal reforms that the Supreme Court must make to strengthen criminal justice.
… A notable illustration of this pertains to the legal proceedings involving Gautam Navlakha, wherein the Supreme Court has crafted jurisprudential constructs surrounding house arrest within the ambit of custodial arrangements.
Read more


Also read:
Supreme Court adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks (The Leaflet / Sep 2023)
NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag (The Leaflet / May 2023)
Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)