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Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

NIA opposes bail plea of Elgar Parishad accused Jyoti Jagtap, says she received arms training

31/08/2022

India Today / by Vidya

The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Jyoti Jagtap who is an accused in the Elgar Parishad case.
The National Investigation Agency (NIA) on Tuesday opposed the bail plea of Kabir Kala Manch (KKM) member Jyoti Jagtap, who is accused in the 2018 Elgar Parishad case. Jagtap was arrested on September 8, 2020 and a charge sheet was filed against her on October 9, 2020.
… A division bench of the High Court will hear the plea on September 13.
Read more


Jyoti Jagtap moves Bombay HC challenging special court’s bail rejection order

30/08/2022

The Indian Express / by Express News Service

In the plea filed through advocate Kritika Agarwal, Jagtap said she is innocent and has been falsely implicated in the case. Jagtap said the special court erred in concluding that a prima facie case existed against her.
An accused in the Elgaar Parishad case, Jyoti Jagtap, recently approached the Bombay High Court challenging an order of a special court that denied her regular bail. A division bench of Justice Ajay S Gadkari and Justice Milind N Jadhav Tuesday posted hearing after two weeks.
Read more


Also read:
Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)

Bombay HC Reserves Judgment In Bail Appeal Of Hany Babu / Evidence & charge as Harry Potter and international war

Bombay HC Reserves Judgment In Bail Appeal Of Hany Babu / Evidence & charge as Harry Potter and international war

Evidence & charge similarly connected as Harry Potter and international war: Elgar Parishad accused tells court

30/08/2022

India Today / by Vidya

● The Bombay High Court was hearing Hany Babu’s bail plea in Elgar Parishad case
● Hany Babu was arrested on charges of being an active member of CPI(Maoist)
● The court has reserved its order on the bail plea

Seeking bail in connection with the Elgar Parishad case, accused Hany Babu’s counsel told the Bombay High Court that the relationship between the evidence and charges framed by the National Investigation Agency (NIA) is the same as “Harry Potter and international war”.
Read more


Bombay HC reserves verdict on Hany Babu’s bail petition

29/08/2022

The Indian Express / by Express News Service

As the NIA claimed the DU associate professor was involved in ‘terrorist acts’, his counsel denied the charge and said he had already been in jail for over two years.
The Bombay High Court on Monday reserved its verdict on an appeal filed by Elgaar Parishad accused Hany Babu, a Delhi University associate professor, challenging the rejection of his bail plea by a special NIA court.
Read more


HC concludes hearing of Hany Babu’s bail plea

29/98/2022

Hindustan Times / by K A Y Dodhiya

The Bombay high court on Monday concluded the hearing of a default bail application filed by Hany Babu, an accused in the Elgar Parishad case, and reserved its order.
Babu’s counsel claimed that the allegations against him of carrying out anti-national activities were baseless and did not come under the Unlawful Activities (Prevention) Act (UAPA) as no lives were lost. The only crime that Babu was booked for was covered under the Indian Penal Code, he added.
Read more


Thread by Live Law (Aug 29):
#BombayHighCourt is hearing DU professor Hany Babu’s bail application, who is charged under the UAPA in the BhimaKoregaon – Elgar Parishad Case. ASG Anil Singh’s arguments for NIA continue.
+++ ASG – Hany Babu is not only an active member of CPI (Maoist), he actively participated in the activities. The activities of the accused amount to a terrorist act. ASG is reading out definition of terrorist act. ++

+++ Chaudhry – For an offence with life imprisonment, committing or advocating violence is required. This is not even alleged. The membership of CPI (Maoist) can at best show intention. But where is the proscribed act? ++
+++ Chaudhry – UAPA requires and act and an outcome. There’s is not a shred of evidence of any terrorist act being performed. The relationship between the acts of the accused and terrorist act is the same as Harry Potter and international warfare.++

Read full thread


Bombay High Court Reserves Judgment In Bail Appeal Of Bhima Koregoan Case Accused Hany Babu

29/98/2022

Lawbeat.in / by Raj Bhojani & Sanya Talwar

The bench of Justice Nitin Jamdar and N.R Borkar of Bombay High Court on Monday reserved its judgment on bail appeal filed by Hany Babu in the Bhima Koregoan Case.
The Special NIA court on February 15 rejected the bail plea of Babu and four others. Special NIA Judge DE Kothalikar rejected the bail applications of Hany Babu and Kabir Kala Manch members Sagar Gorkhe, Jyoti Jagtap and Ramesh Gaichor, holding that there is prima facie evidence to show he “was actively involved in the activities of the banned organisation CPI(Maoist) and furthering its ideology”.
Read more


Also read:
Police Linked to Hacking Campaign to Frame Indian Activists – New details connect police in India to a plot to plant evidence on victims’ computers that led to their arrest. (Wired / June 2022)
Special NIA Court Refuses Bail To DU Associate Prof Hany Babu And Three Kabir Kala Manch Members (Live Law / Feb 2022)

NIA opposes Hany Babu’s bail plea in Elgar Parishad case

NIA opposes Hany Babu’s bail plea in Elgar Parishad case

NIA opposes Hany Babu’s bail plea, claims he collected info to make bombs

26/08/2022

Hindustan Times / by K A Y Dodhiya

The National Investigation Agency (NIA) on Friday opposed the default bail application of Hany Babu, an accused in the Elgar Parishad case, and told the Bombay high court that he had not only gathered information to make bombs but also garnered international support for the banned Communist Party of India (Maoist)…
After Choudhary submitted that he wanted to respond to the submissions of the NIA, the bench adjourned the hearing to Monday.
Read more


Thread by Live Law (Aug 26):
++ #BombayHighCourt is hearing DU professor Hany Babu’s bail application, who is charged under the UAPA in the BhimaKoregaon – Elgar Parishad Case. +++
++ ASG Anil Singh’s arguments for NIA continue. +++
++ Hearing before a bench of Justice Nitin Jamdar and NR Borkar. +++

++ ASG’s submissions to continue on 29th August at 2:30 PM. +++
Read full thread


Professor Hany Babu must be tried under anti-terror laws: NIA in Elgar Parishad case

26/08/2022

India Today / by Vidya

While opposing the bail plea of Elgar Parishad accused, NIA pointed to various incriminating documents.
NIA said that a document on Babu’s laptop was allegedly a study conducted by the Indian Army, Airforce and Navy.
In the Elgar Parishad case, Additional Solicitor General Anil Singh, on behalf of the NIA (National Investigating Agency), told the Bombay High Court that the ‘nature of the allegation’ and the case that was made, directly fell under the category of the anti-terrorist act.
Read more


Wanted to set up ‘Janta Sarkar’: NIA opposes Hany Babu’s bail plea

26/08/2022

The Indian Express / by Express News Service

A division bench of Justice N M Jamdar and Justice N R Borkar was hearing Babu’s appeal seeking bail filed after a special NIA court rejected his plea in February this year.
Claiming that Elgaar Parishad accused Hany Babu was involved in a conspiracy to set up ‘Janta Sarkar’ (people’s government) by overthrowing the elected government through armed struggle, the National Investigation Agency (NIA) on Thursday opposed the bail plea of the former Delhi University associate professor.
Read more


NIA opposes Hany Babu’s bail plea in Elgar Parishad case

25/08/2022

Free Press Journal / by Staff Reporter

A division bench of Justices Nitin Jamdar and NR Borkar was hearing Babu’s bail application.
The National Investigation Agency (NIA) on Thursday opposed the bail plea filed by Hany Babu, an accused in the Elgar Parishad case.
… The HC will continue to hear the bail plea on Friday.
Read more


Thread by Live Law (Aug 25):
#BombayHighCourt is hearing DU associate Prof #HanyBabu’s bail application in the #BhimaKoregaon – Elgar Parishad Case.

Hearing to continue tomorrow 3.30pm.
Read full thread


Thread by Bar & Bench (Aug 25)
Bombay High Court bench of Justices Nitin Jamdar and Nitin Raut is hearing a bail application filed by Hany Babu, arrested in the Bhima-Koregaon violence case.

Additional Solicitor General Anil Singh appears for NIA. Singh: It is my case that the accused is a member of banned CPI (Maoist). Material found from his laptop shows that he was in continuous contact with other accused.
Read full thread


Also read:
Police Linked to Hacking Campaign to Frame Indian Activists – New details connect police in India to a plot to plant evidence on victims’ computers that led to their arrest. (Wired / June 2022)

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

poster by @/bakeryprasad

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022

The Wire / by pti

With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
In the case that is being probed by the National Investigation Agency (NIA), of the total 16 arrested accused, Jesuit priest Stan Swamy died at a private hospital here last year during judicial custody, while Telugu poet Varavara Rao is currently out on medical bail. Only one accused – Sudha Bharadwaj – is out on regular bail.
Read more


Also read:
Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief

Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief

The Indian Express / by Sadaf Modak

Varavara Rao is currently on bail on medical grounds, and had challenged in the Supreme Court the High Court order rejecting his appeal.
… Incidentally, the High Court had also noted the claims made by Rao’s counsel on the lack of medical facilities at the Taloja prison and the poor hygienic conditions there, saying there was substance in the argument.
In the trial in the case, the Elgar Parishad accused have repeatedly brought up the lack of facilities in prison, and denial of access to the same.
Read more

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary / Protest Fast by 11 Co-Accused

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary / Protest Fast by 11 Co-Accused

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary

05/07/2022

Scroll.in / by Vernon Gonsalves

The Jesuit priest, who had been arrested in the Bhima Koregoan case, died in custody on July 5, 2021, at the age of 84.

Dear Stan,
It’s now around a year to the day they said you went away. But it doesn’t seem as if you’ve gone. Guys like you can hardly just go away. Not from me at least, not from many many more you worked with and amongst. Actually you haven’t gone, in fact you’ve come. You’ve come to the lakhs who’ve come to know you over the last year and you’ll continue coming, down the ages, to millions more. You can’t go away, you won’t go away.

Read more


On Father Stan Swamy’s Death Anniversary, Elgar Parishad Activists Observe Protest Fast in Prison

05/07/2022

The Wire / by The Wire Staff

Activists and lawyers have accused the jail administration of inhuman treatment towards and lack of adequate medical care for the priest and other accused in the case.
On July 5, last year, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy died in judicial custody in Mumbai.
Swamy was the 16th and last person to be arrested in the highly controversial Elgar Parishad case. He, like his co-accused in the case, suffered from prolonged and serious health complications while in custody. Swamy passed away after testing positive for COVID-19. His co-prisoners and lawyers have blamed the state for not allowing adequate medical help to reach him on time.
A year later, protesting against alleged state apathy and lack of accountability, 11 of his co-prisoners have decided to observe a day-long fast on the day of Swamy’s passing.
Read more


Eleven activists accused in Elgar Parishad case observe day-long fast in Taloja prison on 1st death anniversary of Stan Swamy

05/07/2022

Midday.com / by pti

The protesting activists alleged that the death of Father Stan Swamy (83) was “brutal assassination by the prison administration, the NIA, and the government.” Swamy’s co-accused and activist Sudhir Dhawale, in a letter written to the Taloja prison superintendent and the case lawyers, claimed there has been no change in the jail condition, including general apathy among the prison administration and lack of medical facilities, which were among the several causes that led to Swamy’s death.
Read more


Also read
How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in / Aug 2021)

Bombay HC Grants NIA ‘Last Chance’ to File Reply to Hany Babu’s Bail Plea

Bombay HC Grants NIA ‘Last Chance’ to File Reply to Hany Babu’s Bail Plea

Hany Babu

Bombay HC Grants NIA ‘Last Chance’ to File Reply to Hany Babu’s Bail Plea

01/07/2022

The Quint / by pti

On 8 June, the NIA had told another bench of Bombay HC it will file its reply to Babu’s plea within two weeks.
The Bombay High Court on Friday, 1 July, granted a week’s time to the National Investigating Agency (NIA) to file its reply to a bail plea filed by Delhi University associate professor and Elgar Parishad case accused Hany Babu.
Read more


Also read:
Supreme Court to hear Varavara Rao’s appeal against Bombay High Court’s refusal to extend his medical bail (The Leaflet / June 2022)
NIA special court rejects default bail application of five accused (The Leaflet / June 2022)

And Allah’s call to Hany Babu

And Allah’s call to Hany Babu

Midday.com / by Ajaz Ashraf

From being an atheist when he had enrolled for PhD at EFLU in 1992, he turned to Islam after his arrest and found that an imagined, one-way love, steeped in faith, too can heal wounds.
When Hany Babu was arrested, on July 28, 2020, under the Unlawful Activities (Prevention) Act for his alleged role in the 2018 Bhima-Koregaon violence, his daughter Farzana seemed unflappable. Surprising for a Standard XI student? Well, one night three months later, Farzana could not go to sleep.
Read more


Also read:
And Ma can’t sing with Sagar (Midday.com / June 2022)
And he waits for Shoma Sen (Midday.com / May 2022)
And she waits for Gautam Navlakha (Midday.com / May 2022)

Police Linked to Hacking Campaign to Frame Indian Activists / Report links cop to hacking bid on Bhima accused

Police Linked to Hacking Campaign to Frame Indian Activists / Report links cop to hacking bid on Bhima accused


Cartoon by PenPencilDraw

Police Linked to Hacking Campaign to Frame Indian Activists

16/06/2022

Wired.com / by Andy Greenberg

New details connect police in India to a plot to plant evidence on victims’ computers that led to their arrest.
Police forces around the world have increasingly used hacking tools to identify and track protesters, expose political dissidents’ secrets, and turn activists’ computers and phones into inescapable eavesdropping bugs. Now, new clues in a case in India connect law enforcement to a hacking campaign that used those tools to go an appalling step further: planting false incriminating files on targets’ computers that the same police then used as grounds to arrest and jail them.
Read more

by Andy Greenberg / @a_greenberg (June 16):
A wild, appalling story: A group of hackers fabricated evidence on the PCs of Indian human rights activists who were then arrested for terrorism and jailed. Now researchers have found a direct link between those hackers and the police making the arrests.
Read full thread


Fabricated evidence planted to implicate Elgaar activists, says US magazine

18/06/2022

The Telegraph / by Pheroze L. Vincent

Maharashtra govt and Centre have resisted the admission of the multiple revelations of hacking as evidence and consistently opposed bail in the case.
America’s Wired magazine has alleged links between Pune police and hackers who it says planted fabricated evidence on some of the accused in the Elgaar Parishad-Maoist links case, which witnessed the arrest of 16 activists, writers, academics and lawyers.
Earlier, two digital security firms in the US had revealed the planting of electronic evidence – claims that the prosecution has rejected, with the investigators ignoring calls to review the evidence.
Read more


Security Researchers Claim Link Between Pune Police And Hacking Campaign Against Bhima Koregaon Accused

16/06/2022

The Wire / by The Wire Staff

The recovery email id and phone number on accounts of Wilson, Rao and Babu were allegedly linked to a Pune police officer.
Security researchers in the United States have claimed that they unearthed new evidence that links the Pune police to the hacking of e-mail accounts of activists Rona Wilson and Varavara Rao and Delhi University professor Hany Babu. This is the first time that the state’s involvement has been directly established in the case.
Read more


Report links cop to hacking bid on Bhima accused

16/06/2022

Hindustan Times / by HT Correspondent

There are links between a Pune police official and a hacking campaign that targeted suspects in the Bhima Koregaon case, a report by news website Wired said on Thursday, citing information from an unnamed whistleblower from a company that provided email services to the targets.
The report is the latest in a series of clues that bring into question the provenance of the evidence used in the Bhima Koregaon case, in which several activists have been accused of terrorism through their alleged links to the extremist Maoist rebellion.
Read more


Pune Police allegedly planted fake evidence on devices of Bhima Koregaon accused, reports Wired

16/06/2022

Scroll.in / by Scroll Staff

The recovery email id and phone number on accounts of Rona Wilson, Varavara Rao and Hany Babu were linked to a police officer, a cybersecurity firm has claimed.
A US-based cybersecurity company has claimed that the Pune Police hacked electronic devices owned by activists Rona Wilson, Varavara Rao and Hany Babu and planted fake evidence on them, reported Wired magazine in the US.
Read more


Also read:
The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Bombay HC bench recuses from hearing pleas of Hany Babu and Gautam Navlakha

Bombay HC bench recuses from hearing pleas of Hany Babu and Gautam Navlakha

Bombay HC bench recuses from hearing pleas of Hany Babu and Gautam Navlakha

09/06/2022

Scroll.in / by Scroll Staff

Babu had filed a bail application while Navlakha requested access to phone calls in the Taloja prison.
A Bombay High Court bench on Wednesday recused itself from hearing two separate petitions filed by former Delhi University professor Hany Babu and human rights activist Gautam Navlakha, both accused in the Elgar Parishad case, PTI reported.
Read more


Bombay HC Judge Justice Revati Mohite Dere recuses from hearing plea by accused

08/06/2022

Bar & Bench / by Narsi Benwal

Justice Dere is not the only judge to recuse from hearing Bhima Koregaon cases. Previously, Justices Sadhana S Jadhav, PB Varale and SS Shinde had recused from hearing cases related to Bhima Koregaon.
Bombay High Court’s Justice Revati Mohite Dere on Wednesday recused herself from hearing two applications, one by Delhi University’s Prof. Hany Babu and the other by rights’ activist Gautam Navlakha, both accused in the Bhima-Koregaon violence case.
Read more


Also read:
3 years after Bhima Koregaon: How criminal law was violated (The Leaflet / June 2021)