Gautam Navlakha – Page 9

Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

10/11/2022 Asha

by Bar & Bench (Nov 10, 2022):
#BREAKING Supreme Court allows Gautam Navlakha plea for house arrest instead of being lodged in jail.
Bench led by Justice KM Joseph permits house arrest for a month subject to conditions.

Supreme Court allows Gautam Navlakha’s plea seeking house arrest

10/11/2022

The Leaflet / by Sarah Thanawala

On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, allowed the plea to place the petitioner, Gautam Navlakha, under house arrest for a period of one month subject to stringent restrictions and conditions.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court. The petitioner, in custody since April 2020, stands accused along with 15 others. He is currently lodged at Taloja jail in Mumbai, awaiting trial.
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Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month

10/11/2022

Bar & Bench / by Abhimanyu Hazarika

The Court directed that Navlakha shall not be permitted to use computer, internet or any other communication device while under house arrest.
The Supreme Court on Thursday allowed a plea filed by Bhima Koregaon accused Gautam Navlakha to be shifted from jail to house arrest for a month.
Navlakha has to deposit an amount of ₹2.4 lakh as expenses for his security cover when he is under house arrest, a bench of Justices KM Joseph and Hrishikesh Roy ordered.
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Supreme Court Allows Transfer Of Bhima Koregaon Accused Gautam Navlakha To House Arrest For One Month, Imposes Conditions

10/11/2022

Live Law / by Livelaw News Network

The Supreme Court has ordered that 73-year-old human rights activist Gautam Navlakha, who is in custody in connection with the Bhima Koregaon case, be transferred to house arrest within 48 hours on account of his medical condition. The order is interim in nature and will be reviewed after one month.
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Supreme Court Allows Transfer Of Gautam Navlakha To House Arrest For One Month [VIDEO]

Live Law / by Aaratrika Bhaumik

en | 5:37min | 2022
Watch video

SC allows Gautam Navlakha to be under house arrest

10/11/2022

Scroll.in / by Scroll Staff

The 70-year-old activist had cited ill health and poor facilities in prison as the reasons behind his transfer from Taloja Jail.
The Supreme Court on Thursday allowed jailed activist Gautam Navlakha to be under house arrest for a month, Live Law reported. Navlakha had filed a plea seeking to be shifted from jail on grounds of ill health and poor facilities in prison.
A bench headed by Justice KM Joseph ordered jail authorities to carry out the necessary evaluation of the premises where Navlakha will be kept and directed them to shift him within 48 hours.
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Live Thread: #SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest

10/11/2022

By Bar & Bench – Live Threads

#SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest.
ASG SV Raju: There’s a twist in the tale. We have reason to believe that the medical report is tainted. The doctor at Jaslok hospital is his sister’s husband.
Adv: That was never a secret.
ASG: That doctor has a senior position. Please see the medical report. We are investigating.
Justice Roy: You are trying to make an argument of prejudice, his was one of many specialists’ opinions. If one of them is related will it make the report biased? Please be responsible with your arguments.
…
SC: you can deposit 2,40,000 and then have it refunded if you are acquitted.
Sibal: But my lords, that deposit will then keep increasing.
But we will deposit.
…
Order: We would this think that he should be allowed to be placed for house arrest for a period of one month.

Read full thread

Gautam Navlakha gets Supreme Court relief, to be shifted to house arrest

10/11/2022

The Indian Express / by Express Web Desk

Earlier, the NIA opposed Gautam Navlakha’s plea to be shifted to house arrest, claiming that he is “in touch with Kashmiri extremists” and Pakistani intelligence agency “ISI”.
The Supreme Court Thursday allowed Bhima Koregaon violence case accused Gautam Navlakha to be shifted to house arrest.
In its order, the bench noted, “We consider it appropriate to grant house arrest given his age. Still further, our attention is drawn to the multiple medical problems the petitioner is faced with, and that charges have not been framed in a trial that will not happen in the foreseeable future.”
Read more

Also read:
● Who is Gautam Navlakha, soon to be under house arrest after Supreme Court relief? (The Indian Express / Nov 2022)
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

We Are Considering To Send Him On House Arrest: Supreme Court To NIA In Gautam Navlakha’s Plea

09/11/2022 Asha

‘We Are Considering To Send Him On House Arrest, Tell Us What Are The Conditions To Be Imposed’? Supreme Court To NIA In Gautam Navlakha’s Plea

09/11/2022

Live Law / by Livelaw News Network

The Supreme Court is likely to pronounce tomorrow the order on the application moved by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest on account of his medical condition.
“This Court has considered house arrest as a form of custody… All kinds of restrictions. We will try out. He’s not in the best of health,” the Top Court said after an hour-long hearing.
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The corrupt destroy the country, Supreme Court counters government in Gautam Navlakha case

09/11/2022

The Hindu / by Krishnadas Rajagopal

Additional Solicitor General S.V. Raju had said that people like activist Navlakha want to destroy the country
A Supreme Court Bench stated on November 9 that it is corrupt who destroy the country, in a sharp response to the government’s claim that people like activist Gautam Navlakha, who is charged under UAPA in the Bhima Koregaon case for alleged Maoist links, “want to destroy the country and their ideology is that type”.
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SC Says It May Put Gautam Navlakha Under House Arrest

09/11/2022

The Wire / by The Wire Staff

The top court asked the National Investigation Agency to inform it about the kind of restrictions that should be enforced while the activist is under house arrest.
The Supreme Court on Wednesday indicated that it may place activist Gautam Navlakha, arrested in the Elgar Parishad case, under house arrest, asking the National Investigation Agency (NIA) to inform it about the kind of restrictions that should be enforced.
The top court asked additional solicitor general (ASG) S.V. Raju, appearing for the NIA, to seek instructions and inform it.
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#SupremeCourt hearing plea by activist Gautam Navlakha

Thread by Bar & Bench – Live Threads (Nov 9, 2022:)

#SupremeCourt hearing plea by activist Gautam Navlakha, accused in #BhimaKoregaon case, seeking house arrest

Sr Adv Kapil Sibal: Medical reports show he cannot receive the treatment needed in jail. [Reads from reports]

ASG SV Raju: Only got them today. Will need time to examine. Sibal continues reading
…

Read full thread

by The Times of India (Nov 9, 2022):
SC asks NIA to brief the court tomorrow on what kind of restrictions it wanted for social activist Gautam Navlakha if he is allowed to come out of jail and be kept under house arrest

Also read:
● Supreme Court directs parties to inspect Gautam Navlakha’s medical reports (The Leaflet / Oct 2022)

Supreme Court to hear on Nov 9 Navlakha’s plea seeking house arrest

21/10/2022 Asha

Supreme Court directs parties to inspect Gautam Navlakha’s medical reports

21/10/2022

The Leaflet / by The Leaflet

As the Supreme Court is set to hear Navlakha’s plea for house arrest to facilitate his medical treatment, his latest medical reports assume significance.
ON Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, permitted the parties to inspect Navlakha’s medical reports sent by Jaslok Hospital, where he was taken for urgent medical examinations.
Seventy-year old journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967, and is awaiting trial.
Read more

SC allows NIA to inspect health reports of activist Gautam Navlakha

21/10/2022

Scroll.in / by Scroll Staff

The court had ordered the authorities to admit the activist to a hospital while hearing his plea to be placed under house arrest.
The Supreme Court on Friday allowed the National Investigation Agency and other parties to the Bhima Koregaon case to inspect the health reports of activist Gautam Navlakha, reported Live Law.
The Supreme Court is hearing the activist’s petition seeking to to be placed under house arrest. Navlakha has cited his ill health and poor facilities at the Taloja Jail as reasons for his demand.
… The court adjourned the matter till November 9.
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Supreme Court Allows Parties To Inspect Hospital Reports On Bhima Koregaon Case Accused Gautam Navlakha’s Health Status

21/10/2022

Live Law / by Rintu Mariam Biju

The Supreme Court of India on Friday allowed the parties to inspect the reports filed by the hospital regarding Bhima Koregaon case accused, Gautam Navlakha’s health status.
On September 29, the Supreme Court had directed for Navlakha to be taken to a hospital of choice for a thorough medical check-up after Senior Advocate Kapil Sibal argued that he had many health complications. The Hospital was also asked to submit a report to the Court based on the check-up.
A Bench of Justices KM Joseph and Hrishikesh Roy was considering a petition moved by Navlakha seeking transfer to house arrest.
Read more

SC to hear on Nov 9 Navlakha’s plea seeking house arrest

21/10/2022

The Indian Express / by Express News Service

Navlakha, who was lodged in Taloja jail, had approached the SC challenging the Bombay High Court decision rejecting the prayer to place him under house arrest.
Deferring the hearing to November 9 on a plea by Gautam Navlakha, who is behind bars under the Unlawful Activities Prevention Act (UAPA) in the Bhima Koregaon case, seeking house arrest, the Supreme Court on Friday allowed the parties to inspect his medical reports submitted by the Jaslok Hospital where he was taken for a medical check-up.
Read more

Also read:
● Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)

Securing the right to health of political prisoners

19/10/2022 Asha

The Leaflet / by Rohin Bhatt

It is time that the right to health becomes a reality, in letter and spirit to every person, irrespective of their incarceration status. This will have to be done through a wide scale, public health campaign, and rapid recruitment of qualified doctors with training in evidence-based medicine that can provide adequate care to prisoners.
It has been good law in India since Bandhua Mukti Morcha versus Union of India (1983) that the right to health is a fundamental part of right to life under Article 21 of the Constitution…
However, what happens when you are a political prisoner in India? These rights are vitiated, and the process becomes the punishment.
Read more

Also read/watch:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

The plight of jailed activists in ‘police state’

09/10/2022 Asha

Delhi. Oct 8, 2022

The Telegraph / by Pheroze L. Vincent

Try hugging your child with one arm
Political leaders on Saturday shared the stage with relatives and friends of activists imprisoned in terror cases, listening to how bail remained a mirage for years and police prevented the accused even from hugging their children in court.
Besides the release of their loved ones, most of the speakers demanded a repeal of the Unlawful Activities Prevention Act (UAPA) which made bail difficult to obtain, and alleged that an “undeclared emergency” had turned the country into a “police state”.
Read more

Also read:

Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Press Release: India Behind Bars – The Cost Of Free Speech

06/10/2022 Asha

by AILAJ (Oct 8, 2022):
AILAJ co-organised ‘India Behind Bars’ press conference in the Press Club of India with
@AISA_tweets and @ryaindia. Hundreds of students, teachers, activists and concerned citizens of Delhi joined us.

By AISA (Oct 8, 2022):
Despite heavy rains, students, citizens of Delhi flooded the Press Club of India in solidarity with different political prisoners incarcerated under acts like UAPA, PSA, NIA etc. #FreeAllPoliticalPrisoners #IndiaBehindBars

Recording by Millat Times: India Behind Bars: The Cost Of Free Speech (Excerpt)

En/Hindi/Urdu | 30min | 2022
Watch video

click to enlarge posters

by Akash (Oct 6, 2022):
To quote Com. Ravi Rai @ravirai2015: “Those behind bars spoke up for us, it’s time for us to speak up for them.” #DelhiPogrom #bhimakoregaon
Join the Press Conference on 8 October at the Press Club.
#FreeAllPoliticalPrisoners #RepealUAPA

by AILAJ_HQ (Oct 5, 2022)
Join us on 8th Oct at 4 p.m. at the Press Club of India, New Delhi for a press conference on India Behind Bars: The Cost of Free Speech where we demand the scrapping of draconian laws and release of political prisoners.

click to enlarge poster

#ReleaseAllPoliticalPrisoners

click to enlarge posters

Also read:

Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Supreme Court Directs To Take Gautam Navlakha To Hospital Immediately

29/09/2022 Asha

Supreme Court declines Gautam Navlakha’s plea for house arrest, directs immediate medical treatment

29/09/2022

The Leaflet / by Sarah Thanawala

On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, denied petitioner Gautam Navlakha’s plea to transfer him from Taloja Central Jail, where he is currently lodged, and place him in house arrest for two weeks to enable him to undergo colonoscopy. The court, however, passed an urgent order directing Navlakha to be immediately taken for a thorough medical treatment.
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Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities

29/09/2022

Live Law / by Rintu Mariam Biju

While considering the petition filed by Bhima Koregaon case accused Gautam Navlakha seeking transfer to house arrest, the Supreme Court on Thursday directed that he be taken to a hospital of his choice immediately for a thorough medical check-up.
The Court will consider his plea next on October 21. The hospital has been asked to submit a report to the Court based on the check-up.
Read more

Gautam Navlakha to be shifted to hospital, Supreme Court orders jail authorities

29/09/2022

Scroll.in. / by Scroll Staff

The court initially read an order allowing the activist to be put under house arrest, but revised it after Solicitor General Tushar Mehta opposed the judgement.
The Supreme Court on Thursday directed the Taloja jail authorities to admit activist Gautam Navlakha to a hospital for medical check up and treatment, reported Live Law. The court said he will remain under police custody during his treatment.
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Day to day hearing of discharge applications in Bhima Koregaon – Elgar Parishad case begins

27/09/2022 Asha

Day to day hearing of discharge applications in Elgar Parishad case begins

28/09/2022

India Today / by Vidya

A special National Investigation Agency court in Mumbai began a day-to-day hearing of four discharge applications filed by the Elgar Parishad.
Highlights
▪ Mumbai’s special National Investigation Agency court began a day-to-day hearing in Elgar Parishad case
▪ The court to hear four discharge applications filed by the accused
▪ Three more discharge applications were filed on Tuesday
… Procedurally, courts hear the discharge applications, and if it finds no material against the accused in the charge sheet filed by the investigators, it discharges the accused.
However, if the court finds substantial evidence, the discharge plea gets rejected, and a full-fledged trial ensues.
Read more

Bhima Koregaon case trial process begins over four years after case was registered

28/09/2022

Scroll.in / by Scroll Staff

An NIA court started hearing a discharge plea filed by Sudhir Dhawale, one of the accused persons.
A Mumbai court on Tuesday started hearing the first of the seven discharge applications filed by accused persons in the Bhima Koregaon case, Bar and Bench reported. The hearing marks the beginning of the trial process in the case four years after it was filed in 2018.
The development came after the Supreme Court, on August 19, ordered a National Investigation Agency court to decide on framing charges against the accused persons within three months.
Read more

Mumbai Court begins hearing discharge applications of accused

28/09/2022

Bar & Bench / by Neha Joshi

The Court also rejected an application filed by octogenarian P Varavara Rao seeking permission to live in Hyderabad for 3 months in order to conduct cataract surgery.
A Mumbai court on Tuesday began hearing the first of the seven discharge applications filed by the accused in the Bhima Koregaon case of 2018.
The hearing on discharge is the first step towards framing of charges, thus, kick-starting the trial in the case which has been pending in the pre-trial stage since 2018.
This development comes in compliance with the directions of the Supreme Court in August asking the special court to decide on framing of charges within 3 months.
Read more

Three more accused, including activist Navlakha, seek discharge in Elgar case

27/09/2022

The New Indian Express / by pti

While Navlakha and Babu are currently in jail under judicial custody, Bharadwaj is out on bail.
Activists Gautam Navlakha, Sudha Bharadwaj and Delhi University professor Hany Babu, all accused in the Elgar Parishad-Maoist links case, on Tuesday moved discharge applications before the special National Investigation Agency (NIA) court here …
Meanwhile, the court on Tuesday heard the arguments on the discharge plea of another accused, Sudhir Dhawale. The arguments will continue on Wednesday …
The discharge pleas of some other accused – Jyoti Jagtap, Anand Teltumbde and Mahesh Raut – were also pending before the court.
Read more

SC Seeks Responses On Gautam Navalkha’s Plea For House Arrest / Setalvad’s Personal Plea

27/09/2022 Asha

Live Law / by Rintu Mariam Biju

The Supreme Court of India on Tuesday sought the responses of the National Investigation Agency and State of Maharashtra in a petition moved by Gautam Navalkha seeking to be placed in house arrest instead of Taloja jail in connection with the Bhima Koregaon case.
A bench comprising Justices KM Joseph and Hrishikesh Roy, while considering the matter, asked the counsel appearing for the petitioner to brief them on the present plea.
… The matter will be next taken up on September 29
Read more

A Home Behind Bars: Teesta Setalvad’s Personal Plea for ‘House Arrest’ for Political Prisoners

28/09/2022

The Wire / by Teesta Setalvad

The activist-writer, herself incarcerated for 63 days this June-September, makes a strong plea for the recognition of political prisoners and the option of house arrest – if at all, they deserve incarceration.
The prison, it is famously said, holds a mirror to society. The conditions within prisons, to stretch this analogy further, reflect the quality of any democracy. By that yardstick, India needs a hard and harsh soul-search. Not only has our collapsing criminal justice system ensured a mockery of reasonably speedy trials but tardy and often skewed (if not biased) investigations and prosecutions have ensured that undertrials languish unforgotten in our jails, for decades.
Read more

Gautam Navlakha approaches court again seeking mosquito net in prison

13/09/2022 Asha

Seeking court’s permission to use a mosquito net !

15/09/2022

madhyamam / by Editorial Desk

Most people will remember that two years ago, an elderly man had to approach the court to seek access to a straw to drink water in prison because he suffered from tremors. Fr Stan Swamy was in jail for leading legal battles for the rights of tribal communities. His punishment included the denial of the basic right to drinking water comfortably… Prominent human rights activist and journalist Gautam Navlakha is a trial prisoner in the same Elgar Parishad case in which Stan Swamy was accused and arrested. Two days ago, Navlakha approached a special NIA court for permission to use mosquito nets in the jail.
Read more

Gautam Navlakha approaches court again seeking mosquito net in prison

14/09/2022

Scroll.in / by Scroll Staff

He filed the application in court days after another accused person, Vernon Gonsalves, contracted dengue in jail.
In his plea, Navlakha told the court that the area in which the Taloja jail in Navi Mumbai is located is prone to dengue and malaria. “The applicant [Navlakha] is very troubled due to the influx of mosquitoes at the prison and is unable to sleep at night even after using mosquito repellents,” the plea added.
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Gautam Navlakha approaches court again seeking mosquito net

13/09/2022

The Indian Express / by Sadaf Modak

Navlakha’s application filed through lawyers Wahab Khan and Chandni Chawla said that despite these directions passed by the court, Gonsalves contracted dengue and has been unwell since August 31. Gonsalves is currently admitted at state-run J J Hospital.
Days after his co-accused in the Elgaar Parishad case, Vernon Gonsalves, contracted dengue in Taloja Central Jail, activist Gautam Navlakha again approached court seeking a mosquito net. Over the past few months, undertrials at the prison and jail authorities have faced-off over lack of mosquito nets in the prison. In May, jail authorities seized mosquito nets of undertrials stating that the strings and nails used to tie the nets can be a security risk…
Meanwhile, the special court will hear Gonsalves’ application for temporary bail on medical grounds on Friday. The court on Tuesday received a report from JJ Hospital where he is admitted.
Read more

Also read:
● NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)