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

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

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 Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

06/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter to Wednesday after the State sought time.
The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale’s friend. Tribal rights activist Mahesh Raut has filed the second plea.
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Victimized For Demanding Their Rights as Prisoners: Kin of Bhima Koregaon Move Bombay High Court Against Prison Transfer Orders

03/08/2021

Live Law / by Sharmeen Hakim

The petition accuses Taloja’s previous Superintendent of initiating the transfers to cover up violations of the rights guaranteed under The Prisons Act, 1894
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar’s orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice.
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Kin of Surendra Galding, Anand Teltumbde, Sudhir Dhawale move Bombay HC challenging transfer from Taloja jail

03/08/2021

Bar & Benach / by Neha Joshi

Immediate family members of Dr. Anand Teltumbde, Surendra Gadling and Sudhir Dhawale, accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other “unspecified prison” in the State.
The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails and it was “an act of victimization for having demanded their rights as prisoners.
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Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’

Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’

Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’

31/07/2021

The Wire / by Sukanya Shantha

While the exercise is carried out on the Union home ministry’s directive, the discretion of adding names and profiling people is entirely that of the state.
Even as several human rights activists and lawyers in Maharashtra face harassment, arrests and police cases, the state police has made things worse by adding them to the list of “enemies” as mentioned under the Union home ministry’s “Union War Book”.
In a detailed district-wise operation, the state’s home department along with the intelligence department has identified many human rights activists, lawyers, and academics and has begun the work of profiling them, almost like criminals, adding them to the ‘Union War Book’.
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City lawyer representing Bhima Koregaon case accused allege breach of privacy, writes top Maha officials

28/07/2021

Nagpur Today / by Nagpur Today

A Nagpur-based lawyer Nihalsing B Rathod has sent a legal notice to high-ranking police officials of the state government and the Additional Chief Secretary alleging his profiling, surveillance and breach of privacy at the hands of the state police.
Rathod is representing some of the accused in the Bhima Koregaon case and was allegedly subject to surveillance last year by Pegasus spyware. He was informed by Whatsapp that his phone had been bugged using Pegasus.
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Maharashtra is adding activists to a secret list of the enemies of state

26/07/2021

Newslaundry / by Prateek Goyal

A lawyer, a college professor and the wife of an accused in the Bhima Koregaon case haven been added to the Union War Book suspect list.
On July 7, at around 11 am, Nihal Singh Rathod, a human rights lawyer, received a call from a constable at the Pratap Nagar police station in Nagpur, Maharashtra. She had been directed by the police’s Special Branch to collect information about Rathod, the constable told him. No problem, Rathod said.
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Bombay HC Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

Bombay HC Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

Bombay High Court Grants Bail To Surendra Gadling For Nine Days To Attend Mother’s Death Anniversary

30/07/2021

Live Law / by Sahrmeen Hakim

The Bombay High Court on Friday allowed bail to Bhima Koregaon accused Advocate Surendra Gadling from August 13 to 21 to attend his mother’s death anniversary.
A division bench headed by Justice SS Shinde and NJ Jamadar pronounced the order.
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Bombay HC grants temporary bail to Surendra Gadling

30/07/2021

Bar & Bench / by Neha Joshi

Bench of Justice SS Shinde and NJ Jamadar granted bail from August 13 to August 21, 2021 to attend mother’s funeral rites.
Gadling had sought temporary bail from the Special Court on the ground that his mother had expired in August 2020 and he was required to join his family members to perform the last rituals.
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161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

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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HC Reserves Order On Surendra Gadling’s Bail Plea To Attend Mother’s Death Anniversary

HC Reserves Order On Surendra Gadling’s Bail Plea To Attend Mother’s Death Anniversary

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday reserved for orders the temporary bail appeal of Bhima Koregaon- Elgar Parishad Case accused – Advocate Surendra Gadling to perform his mother’s funeral rites on her first death anniversary on August 15, 2021.
A division bench of Justices SS Shinde and NJ Jamadar said they would pronounce the order on July 30 2021, after hearing submissions from Senior Advocate Indira Jaising for Gadling and advocate Sandesh Patil for NIA.
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NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

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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The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

Frontline / by Anupama Katakam

The arrests and incarceration of 16 activists, known as the BK-16, on specious charges relating to the Bhima Koregaon violence case is part of the Central government’s systematic and methodical targeting of people who dissent and fight against oppression and for the causes of sections of society that a majoritarian government has no space for …
A look at the profile of each victim clearly indicates why the current regime feels threatened by their work.
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Presence of Over 60 Women in Leaked List Highlights ‘Bodily Violation’ Posed by Spyware

Presence of Over 60 Women in Leaked List Highlights ‘Bodily Violation’ Posed by Spyware

The Wire / by Sukanya Shantha

The telephone numbers of more than 60 women – homemakers, lawyers and school teachers, journalists, scientists, civil servants and even friends of politicians – figure in the leaked database of probable surveillance targets selected by an Indian agency that uses Pegasus spyware, a count by The Wire has established.
The names of some of these women have already been published in earlier stories; the identities of others have been withheld at their request.
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire, July 18, 2021)

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

Bombay HC to decide on temporary bail to Surendra Gadling on July 26

22/07/2021

Free Press Journal / by Urvi Mahajani

The Bombay high court will decide on July 26 the application filed by human rights lawyer Surendra Gadling who is accused of his involvement in the Bhima Koregaon violence case, to perform last rights of his mother on her first death anniversary on August 15.
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Reason for seeking temporary bail daos not survive: NIA opposes Surendra Gadling´s temporary bail plea in Bombay High Court

22/07/2021

Bar & Bench / by Neha Joshi

Gadling had sought temporary bail from the Special NIA Court on the ground that his mother had expired in August last year but the same was dismissed by the special NIA court leading to the appeal before High Court.
The National Investigation Agency (NIA) has asked the Bombay High Court to dismiss the appeal filed by Bhima Koregaon accused Surendra Gadling seeking temporary bail, as the ground cited by Gadling regarding his mother’s demise does not survive anymore (Surendra Gadling v. National Investigation Agency)
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Also read: Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)