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Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

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Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

23/12/2021

Live Law / by Sharmeen Hakim

The Court cited the bar under Section 362 CrPC in reviewing the order.
The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC’s order denying them bail.
Through a precipice (application) for “speaking to minutes”, the accused claimed that just like Sudha Bharadwaj, who was granted bail, they had also filed their default bail pleas in the stipulated time.
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Bombay HC refuses to entertain plea by 8 accused claiming „factual errors“ in default bail order

23/12/2021

Bar & Bench / by Neha Joshi

The 8 accused had moved the High Court seeking a minor rectification in the order passed by the Division Bench refusing default bail to them.
The Bombay High Court on Thursday refused to intervene in a plea by eight accused in the Bhima Koregaon violence case seeking a rectification of the ‘factual errors’ in the order refusing default bail to them.
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HC disposes plea of eight accused seeking rectification in order denying them bail

23/12/2021

Scroll.in / by Scroll Staff

The activists and academicians had said that the Bombay High Court order was based on a ‘factual error’.
The Bombay High Court on Thursday refused to intervene in a plea filed by eight accused persons in the Bhima Koregaon case, seeking rectification in an order that refused them bail, Bar and Bench reported.
The Bhima Koregaon case pertains to caste violence in a village near Pune in January 2018. Eight activists and academicians are among the 16 people arrested for allegedly plotting the violence.
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Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’

22/12/2021

The Wire / by The Wire Staff

Sudhir Dawale, Varavara Rao, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira have approached the high court claiming its order denying them default bail was based on a “factual error”.
Eight activists and academics currently in jail in the Elgar Parishad case, who were denied default bail by the Bombay high court earlier this month, have approached the high court on Tuesday, seeking a correction in the relevant order. They said that they had in fact exercised their right to default bail within the stipulated period …
The high court will hear the matter further on December 23.
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Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment

21/12/2021

Live Law / by Sharmeen Hakim

Eight accused in the Bhima Koregaon-Elgar Parishad case denied default bail have re-approached the Bombay High Court claiming to have exercised their right to default bail well within the stipulated period.
It may be recalled that the High Court had granted default bail to lawyer-activist Sudha Bharadwaj, an accused in the case, on the ground that the Pune Sessions Court was not competent to extend the time for probe as it was not notified as a Special Court under the NIA Act. However, the Court denied the same benefit to other accused by saying that they had not filed applications for default bail when that right accrued to them.
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PUCL: Arsenal Report No. 4 Confirms Pegasus Attack on IPhone of Rona Wilson, Key BK Accused

PUCL: Arsenal Report No. 4 Confirms Pegasus Attack on IPhone of Rona Wilson, Key BK Accused

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


Also read:
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report

Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report

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.
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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.
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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.
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Also read:
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)
They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says (Washington Post / Feb 2021)
Prison-rights activist Rona Wilson’s hard disk contained malware that allowed remote access (The Caravan / March 2020)

Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

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.
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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

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.
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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].
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Also read:
Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon (Live Law / Sep 2021)

Maoist leader linked to ‘plot to kill PM Modi’ arrested in Jharkhand

Maoist leader linked to ‘plot to kill PM Modi’ arrested in Jharkhand

The Indian Express / by Chandan Haygunde

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.
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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 / Jul 2021)
They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says. (Washington Post / Feb 2021)

NIA court reject medical bail pleas of four accused / Court reject application seeking copy of draft charges

NIA court reject medical bail pleas of four accused / Court reject application seeking copy of draft charges

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.
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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)…
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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.
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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.
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NIA Court Grants Rona Wilson Temporary Bail for Two Weeks Following Father’s Demise

NIA Court Grants Rona Wilson Temporary Bail for Two Weeks Following Father’s Demise

Live Law / by Live Law News Network

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.
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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

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.
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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.
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The Legal Battle of Bhima Koregaon: The story so far

The Legal Battle of Bhima Koregaon: The story so far

Bar & Bench / by Neha Joshi

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.
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