The situation has got precarious with COVID infection spreading in their barrack in Mumbai’s Byculla Jail. The Stan Swamy case should not be allowed to be repeated.
Bhima Koregaon accused activists Shoma Sen and Sudha Bharadwaj who are languishing in the Byculla Jail of Mumbai after being accused of conspiracy against the state by the National Investigating Agency(NIA), are facing a serious danger to their lives. At least 20 persons have reportedly tested positive for COVID-19 at Byculla women’s jail, according to Koel Sen, daughter of activist Shoma Sen. Read more
Inmate found COVID-19 positive in barrack holding Sudha Bharadwaj, Shoma Sen
20 women, 5 children test Covid positive in Byculla women jail, 10 in male ward
25/09/2021
The Indian Express / by Express News Service
A prison official said that those who tested positive have been shifted to a nearby school. One of the prisoners, who is a senior citizen, has been shifted to a civic hospital. There are over 450 prisoners in Byculla prison. Read more
Inmate found COVID-19 positive in barrack holding Sudha Bharadwaj, Shoma Sen
23/09/2021
The Hindu / by Sonam Saigal
Both of them have tested negative on the RTPCR test, says DIG.
A senior citizen inmate, lodged in the same barrack as Sudha Bharadwaj and Shoma Sen at the Byculla jail, was found COVID-19 positive on Thursday.
Confirming it with The Hindu, DIG Yogesh Desai said, “One senior citizen who was given one dose of vaccination has tested positive and has been shifted to a temporary COVID Center next to the jail.”
He said Ms. Sen and Ms. Bharadwaj have tested negative on the RTPCR test. Read more
Days after special NIA court rejects Shoma Sen’s medical bail plea, daughter alleges two co-prisoners tested Covid-positive
23/09/2021
The Leaflet / by The Leaflet
More than 20 COVID cases reported in Byculla women’s jail.
At least 20 persons have allegedly tested positive for COVID-19 at Mumbai’s Byculla women’s jail, according to Koel Sen, daughter of activist Shoma Sen who is presently lodged in the jail. Earlier on Thursday, September 23, 2021, Koel reportedly spoke with her mother Shoma over an official call supervised by the jail superintendent, where she was informed of the same. 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
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
NIA seeks 2 weeks to reply on pleas of Bharadwaj, Navlakha seeking copies of devices
Jailed activists Sudha Bharadwaj and Gautam Navlakha had sought cloned copies of the electronic devices that investigators had seized from them
The National Investigation Agency (NIA) told the Bombay High Court on Friday that it will not press for proceeding with framing of charges before the special court in the Elgar Parishad case till the next hearing on pending petitions filed by the accused for cloned copies of electronic devices. Read more
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
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. Read more
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
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. Read more
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.). Read more
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. Read more
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. Read more
Here Are the 9 UAPA FIRs Which the Union Govt Refused to Share Details of in Parliament
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. Read more
