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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)

IPS officer appears before Koregaon Bhima panel, seeks time to file affidavit

IPS officer appears before Koregaon Bhima panel, seeks time to file affidavit

IPS officer appears before Koregaon Bhima panel, seeks time to file affidavit

19/11/2021

The Indian Express / by Chandan Haygunde

The two-member commission headed by retired Justice J N Patel is probing the causes of the Koregaon Bhima violence of January 1, 2018, in which one person died and several were injured.
Former Pune Police Commissioner Rashmi Shukla on Thursday appeared before the Koregaon Bhima Commission of Inquiry in Mumbai and sought time to file her affidavit, claiming that she is yet to receive certain documents from Pune City Police.
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Elgaar Parishad organiser questioned on presence at convicted Maoist’s death anniversary

17/11/2021

The Indian Express / by Chandan Haygunde

A two-member commission, headed by retired Justice J N Patel, is probing into the causes of the Koregaon Bhima violence of January 1, 2018.
As Koregaon Bhima Commission of Inquiry restarted its hearings in Mumbai, witness Harshali Potdar, an organiser of the Elgaar Parishad, was questioned about her participation in a programme held in Mumbai to mark the death anniversary of convicted Maoist leader Sridhar Srinivasan.
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Also read:
● Bhima Koregaon: Outcome of a ‘Larger Conspiracy’? (Rediff.com / Oct 2021)
● Witness Before Probe Panel Accuses Sambhaji Bhide & Milind Ekbote Of Instigating Bhima Koregaon Riots (Live Law / Sep 2021)

Condemn The Solitary Confinement Of The Bhima Koregaon Accused!

Condemn The Solitary Confinement Of The Bhima Koregaon Accused!

By Peoples Union for Democratic Rights (PUDR)

CONDEMN THE SOLITARY CONFINEMENT AND CONTINUING HARASSMENT OF THE BHIMA KOREGAON ACCUSED BY TALOJA CENTRAL JAIL AUTHORITIES!
STOP PUNISHING POLITICAL PRISONERS FOR THEIR BELIEFS!

The high handedness of the Taloja Central Jail administration was evident in the events leading to the death of the octogenarian Bhima Koregaon undertrail, Stan Swamy on July 5, 2021. Almost immediately, the remaining BK undertrials protested the arbitrary jail conditions imposed by the then Superintendent, Kaustabh Kurlekar by observing a one-day hunger strike. However, far from bringing such persecution to an end, a new repressive regime has been installed by Superintendent UT Pawar. Its latest manifestation is the transfer of Vernon Gonsalves, Sagar Gokhale, Ramesh Gaichor, Surendra Gadling, Sudhir Dhawale and most recently on 12 October 2021 Gautam Navlakha to the ‘anda’ circle, the high security prison area in Taloja Jail. Imprisonment in the anda cell is a form of solitary confinement which is blatantly illegal in the case of undertrial prisoners.
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Jail Authorities Are Blocking Letters From Elgar Parishad Arrested to Their Loved Ones

Jail Authorities Are Blocking Letters From Elgar Parishad Arrested to Their Loved Ones

The Wire / by Sukanya Shantha

After Father Stan Swamy’s death in July, Sudhir Dhawale penned an emotional letter. But Taloja jail authorities decided nobody should read it.
When 84-year-old Jharkhand-based tribal rights activist and Jesuit priest Father Stan Swamy passed away on July 5, one of his co-accused in the Elgar Parishad case, Sudhir Dhawale, penned an emotional poem. Dhawale, a writer and anti-caste activist from Mumbai who is currently jailed at the Taloja central prison, wrote an eight-page poem describing his first meeting with Swamy, their interactions in jail and Swamy’s contribution to the tribal rights movement in Jharkhand. He titled the poem Pathalgadicha Father or the ‘Father of Pathalgadi’.
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Bombay HC adjourns plea challenging probe being transferred to NIA to September 27

Bombay HC adjourns plea challenging probe being transferred to NIA to September 27

Not replying to plea against probe transfer in Bhima Koregaon case: Maharashtra

15/09/2021

The Hindu / by Special Correspondent

Petition challenged transfer of investigation to NIA after chargesheet was submitted.
In an unusual move, the Maharashtra government told the Bombay High Court on Tuesday that it does not want to reply to a plea filed by two accused in the Bhima Koregaon caste violence case challenging the transfer of the probe from Pune Police to the National Investigation Agency (NIA).
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Bombay HC adjourns plea challenging probe being transferred to NIA to September 27

14/09/2021

The Times of India / by Swati Deshpande

The state government on Tuesday informed the Bombay high court that it does not wish to file any affidavit in reply to a petition by two Elgar Parishad accused who have challenged the transfer of probe from state police to the National Investigation Agency (NIA).
The HC bench of Justices S S Shinde and N J Jamadar recorded the statement by the public prosecutor made on instructions from the state and posted the petition for the final hearing on September 27.
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Petition filed in Bombay High Court challenging transfer of case investigation to NIA

19/06/2020

The Leaflet / by Ujjaini Chatterji

A Writ Petition has been filed before the High Court of Maharashtra at Bombay, challenging the transfer of the investigation for Bhima Koregaon and Elgar Parishad cases, to the National Investigation Agency (NIA). The Petitioners in the writ are Advocate Surendra Gadling, prominent lawyer who is famous for his court craft and immense knowledge of criminal law, and Sudhir Dhawale, a freelance journalist and anti-caste activist.
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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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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

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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.
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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.
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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.
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Also read:
● 8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail (Bar & Bench, Aug 23)
● 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)

10 prisoners accuse ex-jail superintendent of ‘political censorship’

10 prisoners accuse ex-jail superintendent of ‘political censorship’

Prisoners accuse ex-jail superintendent of ‘political censorship’

27/08/2021

Sabrang / by Sabrangindia

The former Taloja Jail Superintendent Kaustubh Kurlekar has been allegedly saving copies of the letter exchanged between the accused and their family and lawyers
Ten activists, who have been falsely implicated in the Bhima Koregaon violence case, have written to the Home Minister of Maharashtra, alleging that Taloja Central Jail’s former Superintendent Kaustubh Kurlekar has been taking scans and saving copies of the letters exchanged between them and their family and advocates.
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10 Elgaar Parishad accused allege ‘political censorship’ by jail authorities

27/08/2021

The Hindu / by Sonam Saigal

Kaustubh Kurlekar of Taloja jail scans and saves letters, they have said in a letter to State Home Minister
Ten accused in the Elgar Parishad case have written a letter to Home Minister of Maharashtra on Thursday alleging that Taloja Central Jail’s Superintendent Kaustubh Kurlekar scans and saves copies of letters written by them to their family and advocates.
The letter written on Thursday has been signed by Anand Teltumbde, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves, Mahesh Raut, Sudhir Dhawale, Surendra Gadling, Rona Wilson, Sagar Gorkhe and Ramesh Gaichor.
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8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

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.
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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)

Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

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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