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Tag: Shoma Sen

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

04/05/2022

The Leaflet / by Sabah Gurmat

The Bombay High Court earlier today dismissed a petition filed by eight activists, academics and lawyers accused in the Bhima Koregaon (Elgar Parishad) violence case, who sought review of an earlier order which dismissed their appeal for default bail.
A plea seeking default bail was filed by P. Varavara Rao, Vernon Gonsalves, Arun Ferreira, Sudhir Dhawale, Shoma Sen, Rona Wilson, Mahesh Raut and Surendra Gadling.
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Bombay HC Says Won’t Review Refusal of Default Bail to 3 Activists

04/05/2022

The Wire / by The Wire Staff

Varavara Rao, Arun Ferreira and Vernon Gonsalves’ petition said the high court’s previous order was based on a “factual error”.
The Bombay high court on Wednesday dismissed a petition filed by Varavara Rao and two other activists, arrested in the Elgar Parishad case, seeking a review of an earlier order of the high court which refused them default bail.
The high court said it finds it difficult to hold there was any factual error in its earlier judgement and requires a review.
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Bombay HC Rejects Review Plea Seeking Default Bail To Varavara Rao, Vernon Gonsalves & Arun Ferreira

04/05/2022

Live Law / by Sharmeen Hakim

The Bombay High Court has rejected a review application filed by three accused in the Bhima Koregaon – Elgar Parishad Case seeking bail and factual corrections in the order refusing them default bail.
The court disposed of a review application filed by the three, seeking factual corrections in the order refusing them default bail and subsequently release.
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Bombay High Court rejects default bail plea of Varavara Rao, Arun Ferreira, Vernon Gonsalves

04/05/2022

Bar & Bench / by Neha Joshi

The review application by Varavara Rao, Arun Ferreira and Vernon Gonsalves claimed there was factual error in the High Court’s December 2021 judgment, which if not rectified, will lead to “gross miscarriage of justice”.
The Bombay High Court on Wednesday rejected the plea filed by three accused Varavara Rao, Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case seeking review of the High Court’s December 2021 judgment refusing them default bail. [P Varavara Rao & Ors. v. State of Maharashtra & Anr.]
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Also read:
● Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’ (The Wire / Dec 2021)
● ‘Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment (Live Law / Dec 2021)

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Justice Sadhana Jadhav Of Bombay High Court, The Third Judge To Recuse From Hearing Petitions In Bhima Koregaon Case This Year

19/04/2022

Live Law / Sharmeen Hakim

A third judge of the Bombay High Court, Justice Sadhana Jadhav, recused from hearing a clutch of petitions in the Bhima Koregaon – Elgar Parishad case this year, including two petitions alleging the planting of electronic evidence through malware.
Justice Jadhav said no Elgar Parishad matters to be placed before her. the judge had earlier recused from hearing BK matters in 2019 and 2020, as well.
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Justice Sadhana Jadhav recuses herself from hearing pleas in Bhima Koregaon case

19/04/2022

Scroll.in / by Scroll Staff

She is the third Bombay High Court judge to withdraw from hearing petitions in the caste violence case this year.
Justice Sadhana Jadhav of the Bombay High Court on Tuesday recused herself from hearing petitions filed in the Bhima Koregaon case, Live Law reported. Jadhav is the third Bombay High Court judge to withdraw from the hearing the petitions related to the case this year.
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Justice Jadhav recuses from Bhima Koregaon cases, third Bombay HC judge to recuse

19/04/2022

Bar & Bench / by Neha Joshi

Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
A third Bench of the Bombay High Court led by Justice Sadhana S Jadhav on Tuesday recused from hearing a clutch of petitions filed in the Bhima Koregaon case of 2018.
Justice Jadhav is the third judge to recuse from the case. Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
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Also read
● Judge recuses from Elgar Parishad cases, new bench to hear pleas (India Today / Feb 2022)

21 European MPs Express Concern at Treatment of Rights Activists / Solidarity at International Women’s Day

21 European MPs Express Concern at Treatment of Rights Activists / Solidarity at International Women’s Day

21 European MPs Write to Modi Expressing Concern at Treatment of Rights Activists

08/03/2022

The Wire / by The Wire Staff

The MEPs highlighted three particular cases: the arrest of 16 activists in the Elgar Parishad case, the arrest of 13 activists in connection with the protests against the CAA and the detention of Kashmiri activist Khurram Parvez.
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by FLD Brussels (March 8)

Members of @Europarl_EN sent a letter to high level authorities in #India raising the alarm over the dramatic escalation in arrests of HRDs under the #UAPA, incl the #BhimaKoregaon case, CAA protesters & #KhurramParvez, which they condemn in the strongest terms.

Read full letter & signatories at the website of MP Alviina Alametsä
Read full letter

click to enlarge

Rally at International Women’s Day, Berlin (Germany)

08/03/2022

By India Justice Project

On #InternationalWomensDay we remember especially the #womenpoliticalprisoners incarcerated by the Indian govt. In speaking out against their imprisonment, we speak out, too, for the multitudes of people whose struggles they have taken on and carry forward.

Banner: Free all political prisoners in India
The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn

The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn

article 14 / by Shamik Bag

By using security laws, deploying surveillance technology, and leveraging potent national interest narratives, Narendra Modi’s Hindu-first government has targeted critics and eroded the rule of law in India—often in violation of the Constitution, using legal loopholes and grey areas. Through the lens of the notorious Bhima Koregaon case, we investigate these tactics in-depth, and report how citizens are fighting to preserve the world’s largest democracy.
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After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

After Justices PB Varale And SS Shinde Recuse From Hearing Bhima Koregaon Case, Chief Justice Agrees To Constitute New Bench

25/02/2022

Live Law / by Sharmeen Hakim

After two judges recused themselves from hearing petitions arising out of the Bhima Koregaon – Elgar Parishad Case, Chief Justice Dipankar Datta of the Bombay high Court said a third bench would be constituted to hear the cases at the earliest.
After Justice PB Varale’s bench, that has the criminal assignment, recused from hearing matters earlier this month, the alternate bench of Justice SS Shinde also recused from taking up petitions connected to the case.
Justice Shinde, however, will hear the interim application filed by Vernon Gonsalves, Arun Ferreira and Varavara Rao seeking bail and factual corrections in his order refusing them default bail.
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Judge recuses from Elgar Parishad cases, new bench to hear pleas

25/02/2022

India Today / by Vidya

The new Bench, comprising Justice SB Shukre and AB Borkar, will hear all pleas related to the Elgar Parishad from here on.
Anew Bench of the Bombay High Court will now hear all the pleas related to the Elgar Parishad case after a judge recused himself from the case in which several arrests have been made since 2018.
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Jusitce SS Shinde of Bombay High Court Recuses hearing Bhima Koregaon cases

24/02/2022

Bar & Bench / by Neha Joshi

Sources told Bar & Bench that Justice Shinde will continue hearing the plea filed by three accused in the case seeking review of his own judgment refusing them default bail; however, he has recused from other cases.
Justice Shinde will be releasing a circular/notification to that effect shortly, sources have told Bar and Bench.
After such circular/notification is issued, the respective lawyers representing the 15 accused in the case, will have to move the Chief Justice of the High Court on administrative side to get a new Bench constituted for hearing the petitions arising from the 2018 case.
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Seized Devices Of Seven Accused To Be Submitted To Pegasus Committee

Seized Devices Of Seven Accused To Be Submitted To Pegasus Committee

Court permits NIA to submit seized mobile phones to the SC-appointed Committee probing Pegasus allegations

08/02/2022

The Leaflet / by The Leaflet

A special National Investigation Agency [NIA] Court in Mumbai, on Tuesday, allowed the application filed by the anti-terror agency to submit the seized mobile phones of the seven accused in the Bhima Koregaon case to the Supreme Court-appointed Techincal Committee which is probing the Pegasus spyware scandal.
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Seized Mobile Devices Of Seven Accused To Be Submitted To Pegasus Committee To Check For Possible Snooping

08/02/2022

Live Law / by Sharmee Hakim

Mobile devices of the seven accused in the Bhima Koregaon – Elgar Parishad Case will be submitted to the Supreme Court-appointed Technical Committee (TC) probing allegations of snooping using Pegasus spyware, after the Special Court allowed the National Investigation Agency’s plea.
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Also read:
● Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting (The Wire / Jan 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

In Covid-hit India, where are the women? In Byculla Women’s Jail, awaiting trial, awaiting death

In Covid-hit India, where are the women? In Byculla Women’s Jail, awaiting trial, awaiting death


Drawing by Arun Ferreira

Women in and Beyond the Global / by Dan Moshenberg

When Covid hit India, the reports, and for some expectation, were that the State would consider pandemic measures, such as the need for social distancing, and would reduce the incarcerated populations. To no one’s great surprise, that did not happen generally, and in particular it did not happen in women’s jails and prisons. For example, the state of Maharashtra has 60 central and district jails. Of them, one, Byculla Women’s Jail, is the only one dedicated for women and children, but that doesn’t mean the conditions are in any way better. Byculla Women’s Jail has always been an overcrowded hellhole for women and children.
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Also read:
● Sudha Bharadwaj: My greatest strength were prison inmates (Rediff.com / Feb 2022)
● Another COVID-19 Outbreak in Byculla Prison Highlights Lessons That Haven’t Been Learnt (The Wire / Sep 2021)
● Coronavirus | 38 inmates of Byculla jail test positive (The Hindu / April 2021)

‘The State snatched away my time with my daughter’ / ‘My greatest strength were prison inmates’

‘The State snatched away my time with my daughter’ / ‘My greatest strength were prison inmates’

Part III: ‘The State snatched away my time with my daughter’

04/02/2022

Rediff.com / by Neeta Kolhatkar

‘It’s little things like these – sharing medicines, consoling each other after a mulaqat (meeting) or a tearful phone conversation with your loved ones or when we would return, dejected, when our bails were rejected – that made our time in jail bearable.’
Creativity, says Sudha Bharadwaj, is a vital lifeline for those who find their freedom taken away for crimes they may, or may not, have committed.
Survival as a prisoner during the last three years has been difficult, both emotionally and physically, but her brilliant smile makes light of it.
There were times however, she tells Rediff.com Senior Contributor Neeta Kolhatkar, when she too felt devastated.
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Part IV: ‘It is my love for the people of this country’

04/02/2022

Rediff.com / by Neeta Kolhatkar

‘I can’t help it if people don’t love the minorities, the Dalits and Adivasis; they are as much of this country as any other Indian.’
‘If I love them, it does not mean I do not love my country.’
‘It is ironic and funny that they have laid such severe anti-national charges against me.’
Good memories. And bad.
Difficult moments. And memorable ones.
Trade union leader, activist and lawyer Sudha Bharadwaj has gathered them all in her challenging walk through Life.
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Part II: ‘My greatest strength were prison inmates’

03/02/2022

Rediff.com / by Neeta Kolhatkar

‘You are with each other 24×7, so how can you ignore someone crying next to you?’
‘How can you not share a piece of chicken with someone who is sitting next to you and watching you eat it?’
‘Of course, you will share.’
‘And you become friends with the kind of people you never thought you’d even know.’
In a conversation with Rediff.com Senior Contributor Neeta Kolhatkar, Sudha Bharadwaj explains how she kept her spirits up.
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Also read:
● Part I: ‘I was imprisoned in the phansi yard’ (Rediff.com / Feb 2022)

Default bail arguments completed for Elgar Parishad accused

Default bail arguments completed for Elgar Parishad accused

Click to enlarge

by Swati Deshpande (Jan 28, 2022)
Default bail arguments completed by defence lawyers for Elgar Parishad accused on Friday before Special UAPA court. The special Public prosecutor will now argue on February 14.

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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Patriotism of Social Activists is Increasingly being Punished: Activist Sudha Bharadwaj

Patriotism of Social Activists is Increasingly being Punished: Activist Sudha Bharadwaj

Newsclick / by Ajaz Ashraf

India is far from realising the promises of justice and equality made in the Constitution, says the well-known activist, citing her experiences in prison as an under-trial and as a lawyer representing workers.
After spending nearly three years in jail, Bharadwaj was released on bail last month. Her bail conditions proscribe her from speaking on the Bhima Koregaon case and leaving Mumbai, although she has now been allowed to live in Thane. NewsClick did not ask her any question on the case, and she politely refused to answer any question she thought was even remotely connected to it. In the first part of this interview, Bharadwaj speaks on the meaning that Republic Day, the Constitution, and the law have for jail inmates, based on her conversations with them.
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Also read
● Part 2: My Spirit has not Been Broken: Activist Sudha Bharadwaj (NewsClick / Jan 2022)