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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.
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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.
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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.
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Also read:
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

05/02/2024

The Wire / by The Wire Staff

Their co-accused who is out on bail, Teltumbde has been conferred the Basava National Award – Karnataka’s highest honour.
… Although a few have been granted bail on medical and technical grounds, nine remain behind bars at Byculla and Taloja prisons in Maharashtra. The latter have written a congratulatory letter to co-accused Dr Anand Teltumbde, on his being given the Karnataka government’s highest award, the Basava Award.
The letter, which the prisoners released through their lawyers, is being produced below.
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‘A small streak of light’: Seven BK prisoners congratulate Anand Teltumbde on award

04/02/2024

Scroll.in / by Scroll Staff

The writer, who is on bail in the same case, was honoured with the Basava Award by the Karnataka government on January 31.
The seven people who are still in jail in the Bhima Koregaon case have congratulated their co-accused Anand Teltumbde for having been granted the Karnataka government’s Basava Award on January 31 and pushing “forward the wheel of democratic revolution of annihilating the caste system”.
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Also read:
‘My state has done the greatest honour by putting me in jail’: Anand Teltumbde after receiving award (Indian Express / Feb 2024)

Mahesh Raut’s bail gets entangled in tagging of similar matters

Mahesh Raut’s bail gets entangled in tagging of similar matters

The Leaflet / by Sarah Thanawala

First Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, then stay on bail, and now ‘tagging of similar matters’ means accused Mahesh Raut cannot liaison with life and liberty.
On Thursday, the Supreme Court extended the stay on the Order of the Bombay High Court granting regular bail to forest rights activist Mahesh Raut by two more weeks.
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Also read:
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 2023)
Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC! (SabrangIndia / Sep 2023)

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)

Supreme Court hears bail plea of Mahesh Raut

Supreme Court hears bail plea of Mahesh Raut


Thread by Bar & Bench – Live Threads / @lawbarandbench (Jan 10)

Supreme Court hearing bail plea of Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case.
Matter before Justices Bela M Trivedi and Ujjal Bhuyan.

Counsel for Raut and ASG SV Raju for NIA point out recent order by bench hearing Gautam Navlakha bail plea that said Registry is to take a call on tagging and listing after orders from CJI.
Present bench defers matter by a week without expressing any opinion on merits.

Order: Interim order (of stay on bail) to continue.


Also read:
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 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

‘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)

Bail not Jail, India’s constitutional courts’ bumpy ride towards personal liberty

Bail not Jail, India’s constitutional courts’ bumpy ride towards personal liberty

CJP / by CJP

A retrospective glance at 2023: Have courts effectively safeguarded the diminishing right to liberty for Indian citizens?

“The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system”

Justices Sanjay Kishan Kaul and MM Sundaresh, Supreme Court July 11, 2022

India follows a reformative form of justice system. Our criminal system is founded on the belief of not curtailing the rights of a prisoner and under trial. The system, thus far, also empowers constitutional courts to protect the fundamental rights guaranteed to every citizen of our country.
Read more


Also read:
Supreme Court directs high courts to expedite hearing of bail applications (The Leaflet / Dec 2023)

Supreme Court extends stay on bail granted to Mahesh Raut till Nov 1

Supreme Court extends stay on bail granted to Mahesh Raut till Nov 1

Supreme Court extends stay on bail granted to Mahesh Raut again

11/10/2023

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court allowed adjournment sought by additional solicitor general S.V. Raju, appearing for the National Investigation Agency, and allowed the interim Order of stay to continue till the next date of hearing.
On Wednesday, the Supreme Court allowed a further extension on stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
Read more


SC extends Bombay HC stay on Mahesh Raut bail till Nov 1

11/10/2023

The Siasat Daily / by IANS

On September 21, a division bench of Justice A.S. Gadkari and Justice Sharmila Deshmukh of the High Court had granted bail to Raut, who has been in jail since June 6, 2018 for his alleged links with Maoists.
The Supreme Court on Wednesday said that the order granting bail to the Bhima Koregaon-Elgaar Parishad conspiracy case accused Mahesh Raut will not be given effect till November 1.
Read more


Also read:
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)