Countercurrents / by People’s Union For Civil Liberties (PUCL)
In a detailed report released today, 17th December, 2021, Arsenal Consulting, the Boston-based forensic investigation firm assisting the defense lawyers in the Bhima Koregaon (BK) case, and Amnesty Tech Security Lab, have confirmed that the iPhone of one of the key accused, Mr. Rona Wilson, was attacked multiple times by the Pegasus spyware. This has been simultaneously reported in the Washington Post and The Wire…
The publication of this report raises three extremely critical and troubling questions: Read full statement
Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report
17/12/2021
The Wire / by Sukanya Shantha
Arsenal Consulting was engaged by Wilson’s defence lawyers to study the electronic evidence submitted against him in the Elgar Parishad case.
Rona Wilson, a prisoners’ rights activist and academic based in Delhi, was a victim of both surveillance and incriminating document delivery for close to a year before his arrest on June 6, 2018, according to a new digital forensics report.
Wilson, originally from Kerala and who continued with his social activism work in Delhi, was one of the first persons to be arrested in the Elgar Parishad case. Read more
Phone of Indian activist jailed on terrorism charges was infected with Pegasus spyware, new analysis finds
17/12/2021
The Washington Post / by Niha Masih
A smartphone belonging to jailed Indian activist Rona Wilson was infiltrated using NSO Group’s Pegasus spyware before his arrest, according to a new forensic analysis by Amnesty International’s Security Lab that reignites questions about the use of malware attacks against dissidents and government critics in India.
The analysis by Amnesty showed that two backups of an iPhone 6s belonging to Wilson, who has been in jail on terrorism charges since June 2018, had digital traces showing infection by the Pegasus surveillance tool, which its developer, the Israeli cybersecurity firm NSO Group, has said has been licensed only to government agencies. Read more
Pegasus spyware ‘found on phone of jailed critic of Narendra Modi’
17/12/2021
The Guardian / by Stephanie Kirchgaessner and Michael Safi
Analysis of Rona Wilson’s phone found evidence it was infected with NSO Group spyware three months before arrest
The Indian government’s case against Rona Wilson, a jailed Indian activist and critic of Narendra Modi’s administration, is expected to face new scrutiny following allegations that his mobile phone was hacked using Israeli-made spyware just months before his controversial arrest. Read more
Audio: Understanding the Judgement of the Bombay High Court
01/12/2021
By PUCL
Date: Dec 1, 2021
Speakers: Mihir Desai and others
In order to understand the judgement in the Bhima Koregaon, default statutory bail case granting bail to Sudha Bharadwaj (National Secretary of the PUCL), but rejecting the bail of 8 others who had also similarly applied, namely Dr. Varavara Rao, Dr. Shoma Sen, Surendra Gadling, Vernon Gonsalves, Sudhir Dhawale, Rona Wilson, Arun Ferreira, Mahesh Raut, we are holding a meeting on December 1st, 2021 from 8pm to 10pm.
All are welcome to listen to the lawyers share their views on the judgement. V. Suresh (General Secretary PUCL ) Kavita Srivastava (National Secretary)
Listen to recording
Why the Bombay High Court granted default bail to Sudha Bharadwaj and not to others [read order]
01/12/2021
Bar & Bench / by Neha Joshi
Sudha Bharadwaj’s application for default bail was pending on the date the application for extension of time to file chargesheet was made.
While granting default bail to lawyer and activist Sudha Bharadwaj on Wednesday, the Bombay High Court refused bail to eight other co-accused in the Bhima Koregaon case.
The Bench of Justices SS Shinde and NJ Jamadar made certain interesting observations in the 120-page order while deciding the pleas filed by Bharadwaj and 8 others challenging orders of the Pune Sessions Judges. Read more/read judgement
Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction: Bombay HC [read order]
01/12/2021
Live Law / by Sharmeen Hakim
In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under provision of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail. Read more/read judgement
Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused
01/12/2021
The Leaflet / by Sabah Gurmaj and Paras Nath Singh
The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases. Read more
BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused
BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused
01/12/2021
Live Law / by Sharmeen Hakim
The Bombay High Court on Wednesday granted default bail to lawyer-activist Sudha Bharadwaj in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
However, the Court rejected the bail applications of the 8 other accused Sudhir Dawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira. They were arrested between June – August 2018. Read more
Sudha Bharadwaj granted default bail by Bombay High Court; plea of 8 others rejected
01/12/2021
Bar & Bench / by Neha Joshi
Sudha Bharadwaj and 8 others had challenged the jurisdiction of the Pune Sessions Judge in 2019 who they submitted was not the Special NIA judge and hence not competent to hear their applications under UAPA.
In a significant development, the Bombay High Court on Wednesday allowed the default bail plea filed by Bhima Koregaon accused advocate Sudha Bharadwaj [Sudha Bharadwaj v. National Investigation Agency]. Read more
Prashant Bose, wanted in several criminal cases, is the secretary of the CPI (Maoist) eastern regional bureau.
Top CPI (Maoist) leader Prashant Bose alias Kishan Da, who was recently arrested by Jharkhand Police, is one of the many accused named in the Elgaar Parishad case. Bose was named in connection with a “Maoist communication” that allegedly mentioned a plot to kill Prime Minister Narendra Modi. Read more
NIA Court refuses medical bail to four Bhima Koregaon accused; citing past precedent, two other accused activists seek laptops in jail
22/09/2021
The Leaflet / by Sabah Gurmat
Shoma Sen, Vernon Gonsalves, Gautam Navlakha and Anand Teltumbde had applied for bail.
On Tuesday, 21 September 2021, a special National Investigation Agency (NIA) court in Mumbai rejected the bail applications filed on behalf of four of the senior citizens accused in the Bhima Koregaon case…
Notably, three of the Bhima Koregaon accused – Gonsalves, Arun Ferreira and Surendra Gadling – were also produced in-person at the special NIA court in Mumbai. The three argued before court by themselves. Read more
NIA Court rejects medical bail to Shoma Sen
22/09/2021
Sabrang / by Sabrang
She was arrested in June 2018, and has been in jail since then, with no relief.
… Further, as per media reports, the court has also rejected the applications filed by co-accused Sudha Bharadwaj, Hany Babu and Gautam Navlakha for a copy of the draft charges filed by National Investigation Agency (NIA) that has reportedly submitted a list of seventeen draft (proposed) charges against the 15 accused, including the serious charge of waging a war against the country, which is punishable with death or imprisonment for life (section 121 of the Indian Penal Code)… Read more
Shoma Sen
Rona Wilson
Gautam Navlakha
Hany Babu
Sudha Bharadwaj
Special NIA Court Rejects Professor Shoma Sen’s Interim Medical Bail Plea In Bhima Koregaon – Elgar Parishad Case
22/09/2021
Live Law / by Sharmeen Hakim
A special NIA court on Tuesday refused interim medical bail to Shoma Sen, a former professor at Nagpur University, who was arrested in the Bhima Koregaon – Elgaar Parishad caste violence case in 2018…
Meanwhile, the court has extended co-accused researcher Rona Wilson’s interim bail by three days…
Lastly, the court rejected an application filed by accused Gautam Navlakha, Hany Babu and Sudha Bharadwaj seeking a copy of draft charges submitted by NIA. Read more
Shoma Sen
Anand Teltmumbde
Gautam Navlakha
Vernon Gonsalves
NIA court reject medical bail pleas of four Bhima-Koregaon case accused
21/09/2021
The Hindu / by Sonam Saigal
The special National Investigation Agency (NIA) court on Tuesday rejected the medical bail applications filed by senior citizens Shoma Sen, Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves.
Special Judge D.E. Kothalikar rejected the pleas by relying on recommendations from the high-powered committee set up to decongest prisons owing to the COVID-19 pandemic. Read more
NIA Court Grants Rona Wilson Temporary Bail for Two Weeks Following Father’s Demise
The Special NIA Court has granted temporary bail for two weeks to researcher Rona Wilson, an accused in the Bhima Koregaon- Elgar Parishad Case, following his father’s demise on August 18, 2021.
Special Judge DE Kothalikar directed him to be released on bail between September 13 – 27 on furnishing a PR Bond of Rs 50,000 with 2 sureties. Read more
NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves
NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves
07/09/2021
India Today / by Vidya
A special NIA court will pass an order on the bail pleas of the accused Rona Wilson and Vernon Gonsalves in connection to the Elgar-Parishad case.
A special NIA court in Mumbai will be passing an order on the interim bail pleas of accused Rona Wilson and co-accused Vernon Gonsalves in the Elgar Parishad case, on Tuesday. Read more
NIA opposes activist Rona Wilson’s plea to attend mass after his father’s death
06/09/2021
Scroll.in / by Scroll Staff
The agency claimed that the activist was creating grounds for his release as his father’s last rites had already been performed.
The National Investigation Agency on Monday opposed a petition filed by activist Rona Wilson, an accused in the Bhima Koregaon case, for interim bail to attend a ceremonial mass after his father’s death, PTI reported.
The agency said that Wilson’s family members could perform the rituals in his absence, The Indian Express reported. Read more
The Legal Battle of Bhima Koregaon: The story so far
The Special NIA Court has listed the pending applications on September 6, 2021
On July 5, 2021, 83-year-old activist and priest Father Stan Swamy passed away in a Mumbai private hospital while in judicial custody for his alleged involvement in the riots that took place in Bhima Koregaon post the Elgar Parishad event held on January 2018.
His death highlighted the state of undertrials in the Bhima Koregaon case, most of whom have been awaiting trial for the past three years. Read more
Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon
Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon
02/09/2021
Live Law / by Sharmeen Hakim
The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon – Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail.
The accused have filed the appeal against the Sessions court’s order rejecting the default bail application under Section 167(2) of the Code of of Criminal Procedure read with Section 43-D (2) of Unlawful Activities (Prevention) Act.
… The HC is likely to pronounce its judgement along a similar plea made co-accused Sudha Bharadwaj, on which order was reserved on August 4. Read more
HC reserves order on plea by eight accused
01/09/2021
Hindustan Times / by KAY Dodhiya
The Bombay high court reserved its orders in the petition filed by the eight Elgar Parishad accused who challenged the cognizance taken by the sessions judge of the charge sheet filed by Pune Police in November 2018.
The counsel for the accused argued that as the sessions judge had passed orders and not the special NIA court or a magistrate court as stipulated by the provisions of the Unlawful Activities (Prevention) Act (UAPA) under which the accused were booked, the orders passed by the sessions judge were not valid and they were eligible for default bail. Read more
Bombay HC reserves verdict in plea by 8 accused challenging cognizance taken by Pune Sessions Judge
01/09/2021
Bar & Bench / by Neha Joshi
The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Wednesday reserved its verdict in the plea filed by eight of sixteen accused in the 2018 Bhima Koregaon case challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them. Read more