Surendra Gadling – free them all

Taloja prison authorities not complying with order allowing computer use, court told

21/04/2023 Asha

The Indian Express / by Express News Service

The accused, Surendra Gadling and Arun Ferreira, were permitted by the court on January 23 to use computers twice a week and software to view documents submitted by the National Investigation Agency as evidence.
Nearly three months after a special court directed authorities at Taloja Central Prison to permit two accused in the Elgaar Parishad case, who are lawyers representing themselves, use of computers twice a week and necessary software to view evidence, they informed the court on Thursday that prison officials had not complied with the order.
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Also read:
● Provide access to computer, court tells jail authorities on plea made by Surendra Gadling and Arun Ferreira (The Indian Express / Jan 2023)
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)

Fourth Drone Bomb Attack on Indigenous People in Bastar, Chhattisgarh

18/04/2023 Asha

IndiaMatters UK / by over 60 international organisations and individual campaigners, activists and academics

Fourth Drone Bomb Attack on Indigenous People in Bastar, Chhattisgarh
Stop This State Terror Now!

Press Note

Indigenous (Adivasi) people in Bijapur district of Bastar, in the Indian state of Chhattisgarh, have been traumatised by yet another aerial bomb attack from the security forces which have been using drones to carry out these operations. Although the Indian Air Force is not officially deployed for combat in Chhattisgarh, the repeated use of aerial bombardment on civilian populations suggests a new dimension to the state terror being inflicted on the Adivasi population of Bastar for years.
… Social activists who have been speaking out against this injustice have also ended up in prisons … there are the well known sixteen democratic rights activists falsely implicated in what has come to be known as the Bhima Koregaon case. These sixteen were locked in prison between 2018 and 2020 on the basis of an essentially fabricated case prepared by the notorious National Investigative Agency against them under the Unlawful Activities Prevention Act.
Read full statement

Also read:
● Security forces’ operations in adivasi areas compared with Russia-Ukraine war (Counterview.net / April 2022)
● In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence (Indiaspend.com / Oct 2021)
● Gadling in jail. Reason? As lawyer-activist he has been ‘unpleasant’ to India’s topcops (Counterview.net / Dec 2020)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Condemn the State Sponsored Massacre Scripted as ‘Encounter’ in Gadchiroli and Bijapur in Central India (wssnet.org / May 2018)
● How corporate land grab is sought to be legitimized in Chhattisgarh by misusing legal framework (Counterview.org / Feb 2018)

Surendra Gadling’s plea to allow him to appear in person pending before the Bombay High Court

11/04/2023 Asha

The Leaflet / by Sarah Thanawala

In the application, Gadling detailed his right to appear in person and the tedious process of in-person visits for undertrial prisoners.
On April 10, 2023, a division Bench of the Bombay High Court, comprising Justices Revati Mohite Dere and Sharmila Deshmukh, recused itself from hearing an appeal by human rights lawyer and Dalit rights activist Surendra Gadling for the grant of default bail. With its recent change in assignments, the high court is yet to decide on Gadling’s application to appear in person and allow his production before the high court, where his appeal for grant of default bail is pending. The application was sent by Gadling from Taloja jail in November 2022.
Read more

Also read:
● To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates (India Today / March 2023)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / July 2021)

Also watch:
● Video: The Prison Song of Surendra Gadling
hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video

Bombay High Court seeks NIA’s stance on request by Surendra Gadling to argue his bail plea in person

01/03/2023 Asha

Bombay High Court seeks NIA’s stance on request by Surendra Gadling to argue his bail plea in person

01/03/2023

Bar & Bench / by Neha Joshi

Through a letter, Gadling had told the Court that it would be difficult to brief his legal aid lawyer about the case since the chargesheet was voluminous and since prison meetings are permitted only for about 20 minutes.
The Bombay High Court on Wednesday sought the assistance of the National Investigation Agency (NIA) to decide whether the Court should allow Surendra Gadling, an accused in the Bhima Koregaon case, to appear in person before the High Court to argue his default bail application.
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To allow or not allow Surendra Gadling to argue his own case, Bombay HC deliberates

01/03/2023

India Today / by Vidya

The HC bench has asked the advocate representing the NIA to discuss the issue with the investigating agency and revert.
The Bombay High Court on Wednesday deliberated for long whether advocate Surendra Gadling should be granted permission to appear in person before the court to make his submissions for default bail.
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Shoma Sen files discharge plea / Targeted for activism, says Shoma Sen seeking clean chit

01/02/2023 Asha

Shoma Sen files discharge plea in court

01/02/2023

The Indian Express / by Express News Service

Shoma Sen said in her discharge application that the “incriminating” evidence claimed to have been seized from her deals with information on social movements, all of which can be found in public domain.
… Meanwhile, the court on Tuesday heard the discharge application of activist Vernon Gonsalves. During the arguments, Gonsalves said that the accused in the case had not received some of the cloned copies presented by the NIA as evidence. … The co-accused in the case, lawyers Surendra Gadling and Arun Ferreira, informed the court that they had previously too sought cloned copies but have not received all.
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Targeted for activism, says Shoma Sen seeking clean chit

01/02/2023

The Free Press Journal / by Staff Reporter

Professor Shoma Sen, an accused in the Elgar Parishad-Bhima Koregaon case, on Tuesday filed a plea for getting a clean chit in the case. She claimed she has been falsely implicated by the National Investigation Agency (NIA) for her active role in the sphere of activism for human rights, Dalits and the marginalised sections of society.
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Also read:
● Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail (India Today / Jan 17, 2023)

Bombay High Court rejects bail plea by Surendra Gadling [read judgment]

31/01/2023 Asha

Reasonable ground to believe Surendra Gadling a member of banned CPI (Maoist): Bombay High Court [Read Judgment]

31/01/2023

Bar & Bench / by Neha Joshi

The Court made the prima facie observation while rejecting Gadling’s bail plea in the 2016 Surajgarh arson case.
Allegations that lawyer and activist Surendra Gadling had direct membership of the banned organisation, Communist Party of India (Maoist) seem to be prima facie true, the Bombay High Court observed on Tuesday [Surendra Gadling v. State of Maharashtra].
A division bench of Justices Vinay Joshi and Valmiki SA Menezes made the observation while rejecting a bail plea moved by Gadling in the 2016 Surajgarh arson case.
Read more
Read judgment

Surajgarh arson case: Bombay High Court rejects bail plea by Surendra Gadling

31/01/2023

Bar & Bench / by Neha Joshi

Gadling is presently in judicial custody in Taloja Central Prison and is also an accused in the 2018 riots case of Bhima Koregaon.
The Nagpur Bench of the Bombay High Court today rejected the bail plea of lawyer and activist Surendra Gadling in the 2016 Surajgarh arson case.
A division bench of Justices Vinay Joshi and VA Menezes pronounced the order today.
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HC upholds denial of bail to Nagpur lawyer Surendra Gadling

01/02/2023

Nagpur Today / by Nagpur Today

Justice Vinay Joshi and Justice Valmiki SA Menezes at the Nagpur Bench of Bombay High Court have dismissed the appeal filed by the Nagpur lawyer, Surendra Gadling (55), against rejection of his application for regular bail by the Sessions court, Gadchiroli, with observation that the court prima facie believes the NIA´s accusations that appellant was part of a conspiracy and abetting the terrorist acts.
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Also read:
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet | July 2021)
● DISINHERITING ADIVASIS – THE GADCHIROLI GAME PLAN (KAFILA | June 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)

Provide access to computer, court tells jail authorities on plea made by Surendra Gadling and Arun Ferreira

23/01/2023 Asha

The Indian Express / by Express News Service

A special court in Mumbai has directed Taloja Central Prison authorities to allow two of the accused in the Elgaar Parishad case, lawyers Surendra Gadling and Arun Ferreira who represent themselves, to use computers twice a week and provide the necessary software to view documents submitted by NIA.
Read more

Also read:
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023 Asha

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023

The Wire / by Sukanya Shantha

The human rights lawyer, an accused in the Elgar Parishad case, claims that despite favourable court orders, the prison officials have blocked his access to hospitals, worsening his health condition further.
Surendra Gadling, a human rights lawyer and an arrested accused in the Elgar Parishad case, has been ailing with multiple health issues, including serious cardiac issues and psychiatric disorders. Over the past year, he has made multiple applications before the court seeking adequate medical care. And despite favourable court orders, the prison officials have allegedly blocked his access to hospitals, worsening his health condition further.
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Court issues notice to Taloja jail superintent for not taking Surendra Gadling to hospital

14/01/2023

The Hindu / by Sonam Saigal

Although the court had directed that Mr. Gadling be referred to JJ Hospital, and he was due to recieve psychiatric treatment follow-up on February 20, 2022, he was not taken to hospital until June 6, he alleged
A sessions court at Gadchiroli has issued a notice to the Superintendent and Chief Medical Officer (CMO) of Taloja Central Jail, with regards to their failure to take advocate Surendra Gadling to hospital last year, even three months after being directed to do so by the court. Mr. Gadling is an accused in the Bhima Koregaon caste violence case of 2018.
Read more

Also watch:

● Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

Advocate Surendra Gadling moves Bombay High Court for default bail

04/01/2023 Asha

by Bar & Bench – Live Threads /Jan 18, 2023)

Bombay High Court is hearing the application filed by Surendra Gadling, accused in Bhima Koregaon, seeking default bail.

Advocate Yashodeep Deshmukh for Gadling: Gadling has moved an application before the High Court registrar seeking appearance in person. I thought it best to inform the court since I do not want allegations against me.

Deshmukh: If this goes in our favour then there will be no allegations. If not, then there might be allegations against me or the court. Adv Sandesh Patil for NIA: I do not have any documents. Court: Serve copy to the otherside. Place it after 2 weeks.

Got Certified Copy Of Bail Order To File Appeal After 55-Days: Bhima Koregaon Accused Surendra Gadling Justifies Delay In Default Bail Application

04/01/2023

Live Law / by Sharmeen Hakim

Advocate Surendra Gadling an accused in the Bhima Koregaon – Elgar Parishad Caste violence case has approached the Bombay High Court against rejection of his default bail application by the Special NIA Court.
In the plea under Section 21(4) of the NIA Act Gadling has blamed the prison department for the delay of nearly two months in receiving certified copies of the order of the Special Court, to justify the delay in filing the appeal.
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Bhima Koregaon accused Surendra Gadling moves Bombay High Court for default bail

04/01/2023

Bar & Bench / by Neha Joshi

The accused moved the High Court challenging an order of June 28, 2022 passed by a Special NIA Court rejecting his default bail plea.
Surendra Gadling, accused in the Bhima Koregaon violence of 2018, has approached the Bombay High Court seeking default bail in the case.
Gadling, who is presently in judicial custody, moved the Court challenging an order of June 28, 2022 by the special court rejecting his default bail application.
Read more

HC asks NIA to respond to Surendra Gadling’s default bail plea

04/01/2023

Hindustan Times / by K A Y Dodhiya

Surendra Gadling, an accused in the Elgar Parishad case, has filed an application in the Bombay high court challenging the June 2022 rejection of his default bail plea by the special NIA (National Investigation Agency) court. Gadling has also sought condonation of the delay of ten days in filing the application, which, he said, was because of a delay on the part of the prison authorities in providing a certified copy of the order. The HC has asked NIA to respond to the issue of condonation of delay.
Read more

Also read:
● NIA special court rejects default bail application of five accused (The Leaflet / June 2022)
● Explainer: Arsenal Report on Surendra Gadling (The Leaflet / Jul 2021)

By Adv Surendra Gadling Defence Committee:
With due credit to anonymous artist and to the jailed, to be jailed lawyers

Indian government asked to apologize for framing Stan Swamy / Govt to ‘take full responsibility’

15/12/2022 Asha

by Mary Lawlor UN Special Rapporteur HRDs / @MaryLawlorhrds (Dec 15, 2022):
Extremely distressing new report by @ArsenalArmed which finds that fake evidence was planted on Stan Swamy’s computer. Stan’s detention & death are a stain on India’s human rights record. Charges against the other HRDs in Bhima Koregaon case must be dropped

Indian government asked to apologize for framing Stan Swamy

15/12/2022

Matters India / by Matters India Reporter

Catholic Church leaders have sought an “unconditional apology” from the Indian government for the custodial death of Father Stan Swamy after a US based digital forensic firm has found that the late Jesuit was falsely implicated in a sedition case.
“At least at this stage, the government and its probe agency should tender an unconditional apology to people for the unjust arrest, inhuman incarceration and custodial death of Father Swamy for no fault of his,” says Jesuit Father A Santhanam, convener of the National Lawyers Forum of Religious and Priests (NLFRP).
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Planting of evidence against Stan Swamy ‘blot on justice system’, say politicians, social bodies

14/12/2022

Scroll.in / by Scroll Staff

A news report claimed that a hacker planted evidence on a device owned by the tribal rights activist, who died in July last year.
Hours after a report claimed that a hacker planted evidence on a device owned by tribal rights activist Stan Swamy, several politicians, academics, activists and social organisations on Tuesday denounced the incident and described it as a “blot on the justice system”.
“Is this how a democratic country treats its own?” Congress leader Salman Anees Soz tweeted. “The courts must introspect. Is this the best they can do?
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Indian govt ‘must come clean on Fr Stan Swamy’s death’

14/12/2022

UCA News / by UCA News Reporter

Evidence ‘planted’ on the late Jesuit priest’s computer to ‘falsely’ implicate him in the Bhima-Koregaon case, US agency says.
Catholic activists and priests want the Indian government to “take full responsibility” for the custodial death of Jesuit Father Stan Swamy after latest findings by US-based digital forensic experts that false evidence was planted on the priest’s computer by hacking it.
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by CPI (M) @cpimspeak (Dec 14, 2022):
CPI(M) demands that all the Bhima Koregaon accused be immediately released from jail; NIA should not deny their bail applications and or discharge appeals; an expert, fair re-examination taking into account the forensic evidence available should be made in a timebound framework.

Click to enlarge

Also read:
● Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)