Sudha Bharadwaj – Page 13

Bhima Koregaon accused languishing in jail for 3 years

28/08/2021 Asha

The Hindu / by Sonam Saigal

Plea challenging denial of bail being heard in Bombay HC
Saturday marks three years since trade unionist and human rights advocate Sudha Bharadwaj, columnist and activist Vernon Gonsalves, cartoonist and activist Arun Ferreira and poet and activist Varavara Rao were arrested by the Pune police some seven months after a mob attacked Dalits and Bahujans on January 1, 2018.
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by CIVICUS (Aug 28):
#India: Today marks exactly 3 years since human rights lawyer & activist Sudha Bharadwaj was arrested & subsequently detained under the anti-terror UAPA law on fabricated charges.
The state must #FreeSudhaBharadwaj immediately
http://web.civicus.org/Sudha | #StandAsMyWitness

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

24/08/2021 Asha

Sessions court had no power to take cognisance of pleas: Accused in Elgar Parishad case seek default bail

24/08/2021

The Indian Express / by Express News Service

The lawyer for the accused submitted that as the orders of remand, authorising custody were ‘illegally’ passed by the sessions judge and the same could not be sustained, they may be released on default bail.
Eight accused in the Elgar Parishad case, while challenging the September 2019 order of the Pune Sessions court rejecting their default bail pleas, told the Bombay High Court that persons booked for scheduled offences under the Unlawful Activities (Prevention) Act (UAPA) had to be produced before special National Investigation Agency (NIA) court and the sessions judge had no power to take cognisance of their pleas.
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8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

23/08/2021

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.
Eight accused in the 2018 Bhima Koregaon case have moved the Bombay High Court challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them and to quash the criminal proceedings (Sudhir Dhawale & Ors. v. State of Maharashtra & Ors.).
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Also read: Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized

20/08/2021 Asha

Sudha Bharadwaj, Gautam Navlakha move Bombay HC for clone copies of devices seized

20/08/2021

Bar and Bench / by Neha Joshi

The accused moved the High court challenging an order of the Special NIA Court refusing their application for cloned copies of the data seized by the NIA.
Bhima Koregaon accused Sudha Bharadwaj and Gautam Navlakha have approached the Bombay High Court seeking clone copies of all devices seized from them by the National Investigation Agency (NIA).
NIA had submitted draft charges and the special court has kept the matter for framing of charges on August 23, 2021.
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Accused Approach Bombay HC To Stay Trial Till Clone Copies of Electronic Evidence Is Provided

20/08/2021

Live Law / by Sharmeen Hakim

Accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court to stay the trial or defer the framing of charges until clone copies of all the electronic devices seized are provided to the defence.
Accused Sudha Bharadwaj and journalist Gautam Navalakha have sought HC’s indulgence after the National Investigation Agency submitted the draft charges before the Special NIA Court against the 15 accused on August 9.
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Here Are the 9 UAPA FIRs Which the Union Govt Refused to Share Details of in Parliament

16/08/2021 Asha

The Wire / by Gaurav Vivek Bhatnagar

As many as 1,226 Unlawful Activities (Prevention) Act (UAPA) cases were filed by the central investigation agencies and state police in 2019, a 33% increase from 2016, the Union government told the parliament. However, when it was asked to share details of how the law has been used, the government avoided answering in ‘larger public interest’.
… In July 2018, ahead of the 2019 Lok Sabha polls, a protest was held by lawyers and civil rights activists against the UAPA. Gautam Navlakha of People’s Union for Democratic Rights (PUDR), who also participated in the protest, had suggested that a movement against UAPA was needed and efforts should be made to seek the commitment of political parties ahead of the general election so that it is repealed.
At the same event, civil rights activist and lawyer Sudha Bharadwaj gave a detailed account of how the UAPA was being misused against Dalits, tribals and minorities.
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Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

12/08/2021 Asha

By Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders

On 11 June 2021, I wrote a letter jointly with two other UN experts on the alleged inhumane prison conditions and deteriorating condition of 15 human rights defenders, as well as Varavara Rao who was granted medical bail.
Of pressing concern was the inhumane prison conditions and deteriorating health of the human rights defenders. The death of Fr. Stan Swamy shortly after this communication was written demonstrate the severity of the conditions in which the human rights defenders are being held. It is haunting to now read how Fr. Swamy’s requests to be transferred to hospital to receive treatment were initially denied repeatedly.
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NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021 Rani

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021

Sabrang India / by Sabrang India

Filing of draft charges against the accused indicates that the trial could begin anytime soon. However, the lawyers of some of the accused have asked the court to dispose the applications before it, prior to framing charges.
The National Investigation Agency (NIA) has filed draft charges before the Special NIA court in Mumbai, against the 15 accused in the Elgar Parishad/Bhima Koregaon case.
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NIA files draft charges against 15 accused in NIA Court

10/08/2021

Bar & Bench / by Neha Joshi

The lawyers appearing for the accused also prayed for deferring of hearing on framing of charges till the pending applications of the accused are disposed of, which the Court rejected.
The National Investigating agency (NIA) on Monday filed draft charges against 15 accused persons in the Bhima Koregaon case of 2018.
Framing of charges under Section 226 of the Code of Criminal Procedure is the stage where the prosecution describes the charges against the accused along with the evidence they have to prove the guilt of the accused.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

India Today / by Vidhya

The National Investigation Agency (NIA) has filed draft charges against 15 accused in the Elgar Parishad case.
Draft charges contain about 20 charges that have been slapped against the accused in the case. Section 226 of the Criminal Procedure Code (CrPC) obliges the prosecution to describe the charge brought against the accused and to state by what evidence the guilt of the accused would be proved.
In the coming days, the court will hear the accused or their lawyers, who will argue against each charge and then the judge will decide and frame the charges against each accused. The accused will be then asked if they plead guilty or not. If the accused do not plead guilty, then the trial against each accused will begin.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

The Indian Express / by Express News Service

The NIA has also proposed to charge the accused for criminal conspiracy, waging or attempting to wage a war or abetting a war against the Government of India, sedition, and promoting enmity under sections of the Indian Penal Code.
The National Investigation Agency (NIA) on Monday submitted draft charges against the 15 accused arrested in the Elgar Parishad case. The charges include sections of the Unlawful Activities (Prevention) Act pertaining to terrorist acts, unlawful activities, conspiracy, membership of banned organisation and raising funds for it.
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Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

04/08/2021 Asha

Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail

04/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved its order on lawyer-activist Sudha Bharadwaj’s default bail plea in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea filed under sections 439, 482 and 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act.
The bench had earlier observed that the HC’s records were consistent with Bharadwaj’s RTI documents demonstrating that the Pune Judge was not notified as a Special Court under the NIA Act.
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Bombay HC reserves order in Sudha Bharadwaj default bail plea

04/08/2021

Bar & Bench/ by Neha Joshi

The Bombay High Court on Wednesday reserved its verdict in the petition filed by lawyer and Bhima Koregaon accused Sudha Bharadwaj seeking default bail under Code of Criminal Procedure.
Bharadwaj had approached the High Court assailing two orders passed by Pune Sessions Judges on the ground that they had no jurisdiction to pass orders in the case.
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Five reasons why NIA is opposing Sudha Bharadwaj’s default bail plea in Bombay HC

02/08/2021

Bar & Bench / by Neha Joshi

Additional Solicitor General appearing for the NIA made his submissions before Bench of Justices SS Shinde and NJ Jamadar opposing the default bail plea.
The National Investigation Agency (NIA) has opposed the default bail application filed by Bhima Koregaon accused Sudha Bharadwaj (Sudha Bharadwaj v. State of Maharashtra & Anr).
Bharadwaj had moved the High Court challenging two orders passed by Pune Sessions Judges KD Vadane and RM Pande on the ground that they had no jurisdiction to pass orders in the case.
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Also read: NIA opposes default bail pleas of eight accused (The Indian Express / July 25, 2021)

Political prisoners part of broader dissent against state excesses / The Future of Social Activism

27/07/2021 Maya

Poster, July 2020

Political prisoners part of broader dissent against state excesses

27/07/2021

The Leaflet / by Achintya Anita Gurumurthy

It has been over 500 days since Khalid Saifi’s incarceration and 300 for Umar Khalid in the northeast Delhi riots cases and almost three weeks since the custodial demise of Father Stan Swamy in the Bhima-Koregaon case – all arrested under the dreaded Unlawful Activities (Prevention) Act, (UAPA) 1967. The arrests have put the spotlight back on the category of ‘political prisoners’, who are imprisoned for opposing the government via their actions or beliefs.
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State and the Future of Social Activism

27/07/2021

EPW / by Gopal Guru

The death of Father Stan Swamy and several others as the tragic outcome of the arrest and detention without fair trial brings into critical focus the approach that the state has been adopting towards understanding social activism. In the ethics of democratic practice and constitutional morality, such an official approach would be evaluated as indiscrete, if not arbitrary, in comprehending the nature of social activism.
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161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

27/07/2021 Maya

161 Names Revealed By The Wire On Snoop List So Far

27/07/2021

The Wire / by The Wire Staff

Over the past few days, The Wire – in collaboration with 16 other media organisations – has been revealing the names of people who were either persons of interest or forensically identified as having been targeted by clients of the NSO Group’s Pegasus spyware.
Those on the list include heads of state, political figures, activists, students, lawyers and journalists, among others.
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Pegasus exposé raises unjust detention cry

20/07/2021

The Telegraph / by Pheroze L. Vincent

The leaked database showed that the mobile numbers of several accused were on a list of those selected for surveillance by an unidentified client of NSO.
The families of the Elgaar Parishad-Maoist links detainees and one of their lawyers have said the new revelations about targeted surveillance have vindicated their stand that the prolonged imprisonment of the 15 surviving accused is unjust.
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From Ambedkarites and Labour Activists to Umar Khalid and JNU Students, Snoop List Targets All

20/07/2021

The Wire / by Ajoy Ashirwad Mahaprashasta, Sukanya Shantha and Kabir Agarwal

Leaked list of potential surveillance targets indicates attempt to keep tabs on critics of government policy.
The telephone numbers of an anti-caste leader and several prominent activists are part of a leaked database accessed by the Pegasus Project which includes individuals confirmed to have been targeted with the Israel based NSO group’s spyware.
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Indian activists jailed on terrorism charges were on list with surveillance targets

20/07/2021

The Washington Post / by Joanna Slater and Niha Masih

The Bhima Koregaon activists were also victims of an unidentified hacker who planted evidence on their computers, recent reports found.
When the Indian authorities began arresting lawyers and human rights activists in 2018, Sudha Bharadwaj did what she had done for more than three decades wherever she saw injustice. She organized. She spoke out. She asked courts to uphold the law.
Later that year, the police arrested her, too.
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Cops used Pegasus in Koregaon Bhima case, says Digvijaya Singh

20/07/2021

Times of India / by Suchandana Gupta

Congress Rajya Sabha MP Digvijaya Singh on Monday told TOI TOI that Pegasus was used by police in the Koregaon Bhima case, and even his name had surfaced, but he couldn’t be implicated because he had stopped using the phone that was mentioned in the ‘Naxalite letter’.
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Phones of ministers, journalists, lawyers and activists tapped by Pegasus spyware. Indians should worry

19/07/2021

The Leaflet / by Ramesh Menon

In the days ahead, we will know more about the investigations as they will be released in parts. Clearly, there is going to be a stormy monsoon session in Parliament as opposition members will question the government’s role in the snooping scandal. These revelations, if true, bode dangerously for the health of our democracy, writes Ramesh Menon as he recaps what we know about the Pegasus hacking allegations so far.
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NIA opposes default bail pleas of eight accused

25/07/2021 Rani

NIA opposes default bail pleas of eight accused

25/07/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was hearing the plea filed by Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Shoma Sen, Surendra Gadling and Varavara Rao.
The National Investigation Agency (NIA) on Friday opposed the plea filed by eight accused in the Elgaar Parishad case challenging the June 2019 order of the Pune sessions court rejecting their default bail pleas.
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May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

23/07/2021

Live Law / by Sharmeen Hakim

The Maharashtra Government and the National Investigation Agency on Friday continued their arguments opposing Bhima Koregaon-Elgar Parishad accused Sudha Bharadwaj’s default bail application.
The State submitted that in her entire petition Bharadwaj hasn’t averred at a single place that she was “denied justice” because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and and other accused on February 21, 2019.
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If Court is not empowered to take cognizance, does not mean proceedings can be set aside: NIA to Bombay High Court

23/07/2021

Bar & Bench / by Neha Joshi

An affidavit stating the same was filed before the High Court in the petition filed by eight accused in the Bhima Koregaon case challenging the order refusing bail.
Merely because a court is not empowered by law to take cognizance and yet does so in good faith does not mean that the proceedings should be set aside on that ground alone, the National Investigation Agency (NIA) submitted before the Bombay High Court in the Bhima Koregaon case.
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