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Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?

Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?

poster by @/bakeryprasad

The Quint / by Rohini Roy

The remaining 11 continue to languish in jail — Who are they and what is the status of the case against them?
Anti-caste writer Anand Teltumbde, who walked out of jail on Saturday, 26 November, after he was granted bail on merits in connection with the Bhima Koregaon-Elgar Parishad case said:
“I am definitely happy. It has been 30 months that I have been in prison. The sad part, however, is that we had to spend time in jail after being booked in a fake case.”
In the same case, two others, poet Varavara Rao and lawyer-activist Sudha Bharadwaj – were granted bail earlier due to different reasons, while academic Gautam Navlakha was allowed house arrest on health grounds by a 19 November Supreme Court order.
Read more


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

Will the bail granted to Anand Teltumbde help others in the case to get out of jail?

Will the bail granted to Anand Teltumbde help others in the case to get out of jail?

poster by @/bakeryprasad

Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail?

28/11/2022

Scroll.in / by Umang Poddar

This is the first bail in the case granted on merits. But experts say that the case of each Bhima Koregaon accused will have to be considered individually.
On Friday, the Supreme Court upheld Bombay High Court’s November 18 order granting bail to Anand Teltumbde, an accused in the Bhima Koregaon case. Teltumbde is the first person accused in the matter to be granted bail on the merits of the case. Previously, others in the case have got bail only on medical grounds or due to procedural lapses by the investigating agency.
Read more


Supreme Court’s Widely- Praised Bail for Anand Teltumbde should be Followed by Wider Justice in Elgar Case

28/11/2022

Countercurrents.org / by Bharat Dogra

Supreme Court’s firmness in upholding the Bombay High Court’s order granting bail to Anand Teltumbde has been widely appreciated. However, we must also listen to what this 73 year old distinguished scholar activist, coming out  after spending 31 months in prison, had to stay regarding the case in which several other distinguished activists have also been implicated: “the sad thing is that this is the fakest case and it put us behind us behind bar for years.”
The reference here was of course to the notorious Elgar Parishad case which has been attracting strong criticism from several human rights and democracy activists during the last few years.
Read more


Also read:
Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)

Statement by CASR: Release Saibaba and Others / Mining in Gadchiroli

Statement by CASR: Release Saibaba and Others / Mining in Gadchiroli

Countercurrents.org / by Campaign Against State Repression

Campaign Against State Repression (CASR) Strongly condemns the Supreme Court’s order to suspend the Acquittal of Saibaba and Others in Gadchiroli case pertaining to alleged ‘Maoist link’.
… They want to keep in jail, every voice that foisted the state’s attempt to militarily loot the people of their resources and livelihood through Operation Green-Hunt, which Saibaba and other’s jailed in Gadchiroli case and Bhima Koregaon case have strongly resisted. They want to do so to continue the exploitation of people and their resources in far off Central Indian Regions, in North Eastern states, Kashmir and everywhere. This is not just an attack on Saibaba and others, but a clear sign of continuing and ever sharpening attack on all involved in the struggle for a democratic society.
Read full statement


Also read:
● Appeal to Supreme Court of India to review and reconsider Saibaba’s and Others Case (Countercurrents.org / by Defense Committee for the Release of Saibaba / Oct 18, 2022)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
DISINHERITING ADIVASIS – THE GADCHIROLI GAME PLAN (KAFILA / June 2018)
Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / June 2017)

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

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

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

Court directs NIA to remain present for report on cloned copies

Court directs NIA to remain present for report on cloned copies

The Indian Express / by Sadaf Modak

Citing the Supreme Court direction to decide on framing of charges and discharge pleas of the accused within three months, the court also said it will begin hearing the discharge applications of four accused from next week.
The special court hearing the Elgaar Parishad case directed an officer of the National Investigation Agency (NIA) to remain present before it for a report on the pending issue of providing cloned copies of electronic devices to all the accused.
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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)

#India@75: Song by Sagar Gorke, sung by Surendra Galding / PEN America …

#India@75: Song by Sagar Gorke, sung by Surendra Galding / PEN America …

1:30min | 2022

by Panther Ajay

Lyrics by Shahir Sagar Gorkhe, sung by Adv Surendra Gadling
Watch video



PEN AMERICA, WITH 102 INTERNATIONAL WRITERS AND ARTISTS, CALLS FOR INDIA TO UPHOLD THE FREEDOM TO WRITE AHEAD OF 75TH INDEPENDENCE DAY CELEBRATION

15/08/2022

Pen.org / by PEN America

Raises Ongoing Concerns About Fraying of Free Expression and Jailing and Silencing of Writers

(NEW YORK)—As India marks 75 years of independence today, 102 notable U.S. and international writers and creative artists, including Marina Abramovic, Paul Auster, J.M. Coetzee, Jennifer Egan, Jonathan Franzen, Azar Nafisi, and Orhan Pamuk, joined PEN America and PEN International in signing a letter to Indian President Droupadi Murmu, raising concern over the deterioration of free expression and calling for the release of imprisoned writers and dissident and critical voices…
Seven of the eight writers in prison in India during 2021 have been detained in connection with the ongoing Elgar Parishad case, concerning a deadly inter-caste altercation in the village of Bhima Koregaon in 2018. In response, state- and national-level authorities detained a broad swathe of leftist writers and intellectuals, accusing them of inciting the violence and of links to banned groups.
Read full statement

INDIA AT 75 | CONTRIBUTORS S – Z

15/08/2022

PEN America / by Siddhartha Deb

Siddhartha Deb

I am not allowed to say the name of the person who told me, years ago: “India is not a nation. It is a prisonhouse of all possible nations.” Now this person is incarcerated, but I can’t describe the specifics of their suffering…
I can say the name of Stan Swamy, incarcerated and, eventually, killed by the Indian state on July 5, 2021. I can say his name because his life, if not his memory, is beyond the reach of the prisonhouse. Father Stan, dead at 84 because those running India are terrified of a Jesuit priest whose life was dedicated to working with indigenous people brutalized by Hindutva, the state, and the market.
Read more


by Priyanka (Aug 15):

Mahesh Raut

Our friend Mahesh is spending his 5th Independence Day in the prison with all the other activists in the Elgar Parishad case. They await their freedom. Please spare a thought for each one of them.


Ideas Behind Bars Podcast

– upcoming –

by InSAF India (Aug 15):



Also watch:

Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.

Watch video

Default bail pleas of five Elgaar accused: Matter already decided by Bombay HC, says NIA Court

Default bail pleas of five Elgaar accused: Matter already decided by Bombay HC, says NIA Court

Free Press Journal / by Staff Reporter

A special court that recently rejected the default bail pleas of five of the Bhima Koregaon – Elgaar Parishad accused, has said in its reasoned order for doing so, that the ground on which they were seeking bail was already considered and decided by the Bombay High Court and they had no right to raise it in their present pleas.
The applications were filed by Surendra Gadling, Sudhir Dhavale, Rona Wilson, Shoma Sen and Mahesh Raut.
Read more


Also read:
NIA special court rejects default bail application of five accused (The Leaflet / June 2022)

‘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)

NIA special court rejects default bail application of five accused

NIA special court rejects default bail application of five accused

Poster campaign, 2019. Click to enlarge

Mumbai court rejects default bail to 5 accused

29/06/2022

Bar & Bench / by Satyendra Wankhade

The bail pleas had been pending since 2018 when accused, Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen and Mahesh Raut approached a Pune court challenging extension of time granted for filing of chargesheet.
The applications were filed in 2018 seeking default bail on the ground that the extension granted by the court to the investigating agency for filing chargesheet was in violation of law.
Read more


NIA special court rejects default bail application of five accused

28/06/2022

The Leaflet / by Sarah Thanawala

Earlier today, the default bail applications of human rights lawyer and Dalit rights activist Surendra Gadling, activist and researcher Rona Wilson, women’s rights activist and professor Shoma Sen, activist Mahesh Raut, and activist, actor and publisher Sudhir Dhawale, co- accused in the Bhima Koregaon case, were rejected by a Special National Intelligence Agency (‘NIA’) court in Mumbai.
Read more


NIA court rejects default bail of five accused in Bhima Koregaon case

28/06/2022

The Hindu / by Special Correspondent

The grounds for filing the petition was that the 90-day extension that was granted to the prosecuting agency for filing the chargesheet was illegal
A special National Investigation Agency (NIA) court on Tuesday rejected the default bail plea of five accused in the Bhima Koregaon caste violence case.
Special NIA judge Rajesh Katariya rejected the pleas of former professor of Nagpur university Shoma Sen, advocate Surendra Gadling, activist Sudhir Dhawale, Rona Wilson and Mahesh Raut. All of them were arrested on June 6, 2018 from different locations.
Read more


Also read:
Bhima Koregaon: Who’s who of those arrested & the developments in the case pertaining to each (The Leaflet / June 2022)
Bombay High Court rejects default bail plea of Varavara Rao and seven other accused (The Leaflet / May 2022)