Surendra Gadling – Page 7

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.
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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

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.
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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.
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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)

Long forgotten: India’s pretrial and undertrial prisoners

15/12/2022 Asha

Frontline / by Ashutosh Sharma

The country’s jails teem with poor and marginalised people detained without justification.
Since there was no one to furnish a Rs.30,000 surety bond, Jai Parkash, 47, spent over 22 years in judicial custody without a trial. On November 21, Parkash, a stout man with swollen hands and a puffy face, was finally released on bail as part of the remissions granted under “Azadi Ka Amrit Mahotsav”.
… Quoting the Prison Statistics India report, Raghavan said: “Nearly 85 to 90 per cent of prisoners are SCs, STs, OBCs and Muslims. There is no data available on their socio-economic background, but our work with prison populations in Maharashtra shows that more than 60 per cent have a monthly family income less than Rs. 10,000.
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Also read/watch:
● The Burgeoning Share of Undertrial Prisoners in India’s Jails (The Wire / Oct 2022)
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
● 4,484 People Died in Police Custody Since 2020: Govt Data (The Swaddle / Jul 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

● Video: The Prison Song of Surendra Gadling

By The Wire

hindi | 11min | 2021
In August, when human rights lawyer Surendra Gadling was released on interim bail for a week, he made a quick visit to the Nagpur sessions court to meet his colleagues and friends. 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.
Watch video

Incriminating document found in Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused

13/12/2022 Asha

Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm

14/12/2022

The Leaflet / by Gursimran Kaur Kakshi

Previously, similar evidence of planting have also been found by the same firm, Arsenal, in the computer of mobile devices of Rona Wilson and Surendra Gadling, two other accused in the Bhima Koregaon case.
ON December 11, Arsenal Consulting, a United States-based digital forensic analysis firm, revealed that tribal rights activist and one of the accused in the Elgar Parishad-Bhima Koregaon case, the late Fr. Stan Swamy’s computer was compromised over the course of three distinct campaigns, beginning on October 19, 2014, and ending with the seizure of his computer by the Pune police department on June 12, 2019.
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Hackers planted evidence on computer of jailed Indian priest, report says

13/12/2022

The Washington Post / by Niha Masih

Father Stan Swamy died after spending more than eight months in jail on terrorism charges
For months, Father Stan Swamy, an 84-year-old Jesuit priest, claimed his innocence in courts and pleaded for medical care, but Indian authorities denied him bail. He died at a hospital in July 2021 after spending more than eight months in jail on terrorism charges.
Now, an examination of an electronic copy of his computer by Arsenal Consulting, a Massachusetts-based digital forensics firm, concludes that a hacker infiltrated his device and planted evidence, according to a new report by the company.
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Hackers Planted Files to Frame an Indian Priest Who Died in Custody

13/12/2022

Wired / by Andy Greenberg

And new evidence suggests those hackers may have collaborated with the police who investigated him.
The case of the Bhima Koregaon 16, in which hackers planted fake evidence on the computers of two Indian human rights activists that led to their arrest along with more than a dozen colleagues, has already become notorious worldwide. Now the tragedy and injustice of that case is coming further into focus: A forensics firm has found signs that the same hackers also planted evidence on the hard drive of another high-profile defendant in the case who later died in jail—as well as fresh clues that the hackers who fabricated that evidence were collaborating with the Pune City Police investigating him.
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Evidence Planted On Activist Stan Swamy’s Laptop, Claims US Report

13/12/2022

NDTV / by Aruveetil Mariyam Alavi, Sreenivasan Jain

The report blasts a hole in the National Investigation Agency’s (NIA) charges against Stan Swamy.
A new report by an American forensic firm shows that multiple incriminating documents were planted in the computer of Father Stan Swamy, the 83-year-old activist-priest who was arrested for alleged terror links in 2020 and who died in custody a year later.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?

30/11/2022 Asha

The Quint / by Rohini Roy

The remaining 11 continue to languish in jail — Who are they and what is the status of the case against them?
Anti-caste writer Anand Teltumbde, who walked out of jail on Saturday, 26 November, after he was granted bail on merits in connection with the Bhima Koregaon-Elgar Parishad case said:
“I am definitely happy. It has been 30 months that I have been in prison. The sad part, however, is that we had to spend time in jail after being booked in a fake case.”
In the same case, two others, poet Varavara Rao and lawyer-activist Sudha Bharadwaj – were granted bail earlier due to different reasons, while academic Gautam Navlakha was allowed house arrest on health grounds by a 19 November Supreme Court order.
Read more

Also read:
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)
● Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

14/10/2022 Asha

Pic credits: Committee for the Defence and Release of GN Saibaba

● Supreme Court Stays Release Of Prof GN Saibaba & Others In UAPA Case, Suspends Bombay HC’s Acquittal Order (Live Law / Oct 15, 2022)

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

15/10/2022

The Times of India / by Vaibhav Ganjapure

After securing acquittal for Prof GN Saibaba and four others primarily based on absence of sanction under UAPA’s Section 45 (1), his lawyers now have plan to rely on the Nagpur bench of the Bombay high court’s verdict for securing the release of several accused who are also behind bars in the Elgar Elgar Parishad case.
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As GN Saibaba gets bail in Maoist link case, let’s recall the Elgar Parishad–Bhima Koregaon case

15/10/2022

Free Press Journal / by Urvi Mahajan

More than eight years after his arrest, the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case for want of valid sanction for prosecution under the stringent anti-terror law UAPA…
With GN Saibaba getting acquitted by the Bombay High Court’s Nagpur bench on Friday, here’s a look at the other Maoist-link case which is the Elgar Parishad-Bhima Koregaon case.
In the Bhima-Koregaon case, the investigation was taken over by the National Investigation Agency (NIA) in 2020, the initial probe being done by the Pune police. Most of the accused have spent years in custody, being arrested in August 2018.
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Bombay HC Frees Saibaba, Others in ‘Maoist Link’ Case

14/10/2022

The Wire / by The Wire Staff

The Nagpur bench of the high court allowed the appeal of all six convicted persons, including Pandu Narote who died in August this year.
Former Delhi University professor G.N. Saibaba and five others were acquitted in the Maoist links case by the Bombay high court, allowing their appeal against conviction and life sentence…
After Saibaba’s conviction, his lawyer in the lower court, Surendra Gadling; his colleague Hany Babu; and his close friend Rona Wilson were also arrested in years to come under the UAPA charges. While Gadling fought his case in court, Babu and Wilson had run a campaign for his release. All three are named as prime accused in the Elgar Parishad case of 2018.
Read more

Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report
● Silencing critics: Apex Court view ‘brain is more dangerous’ revoking Saibaba acquittal (Counterview / Oct 16, 2022)
● “Urban Naxals” Are Making Frequent Requests For House Arrest: Solicitor General Tushar Mehta Tells Supreme Court [read order] (Live Law / Oct 15, 2022)

Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

08/09/2022 Asha

NIA court demands explanation from Taloja authorities on delay of treatment

09/09/2022

Hindustan Times / by Charul Shah

Only on September 5 Gonsalves was shifted to prison hospital as his condition had worsened.
The special NIA court on Thursday directed the superintendent of the Taloja Jail to provide proper medical treatment to Vernon Gonsalves, an accused in the Elgar Parishad case, who has been diagnosed with dengue.
It has also reprimanded the prison authority for failing to respond to Gonsalves’s plea for medical treatment till Thursday.
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Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

08/09/2022

The Wire / by Sukanya Shantha

JJ Hospital has confirmed that Gonsalves has been suffering from dengue for close to two weeks and that he could have developed pneumonia too.
Over 10 days ago, Vernon Gonsalves, a Mumbai-based human rights activist and one of the 16 persons arrested in the Elgar Parishad case, had a high-grade fever. He fainted several times in jail and at one point couldn’t move. The Taloja central prison staff, however, only administered him paracetamol and refused to refer him to a hospital.
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Vernon Gonsalves on oxygen support after contracting dengue in prison

08/09/2022

Scroll.in / by Scroll Staff

His wife, lawyer Susan Abraham, told Scroll.in that the 65-year-old undertrial should have been admitted to hospital ‘long back’.
Activist Vernon Gonsalves, who is among those accused in the Elgar Parishad case, is on oxygen support in Mumbai’s JJ Hospital after contracting dengue in prison, his wife, lawyer Susan Abraham, told Scroll.in on Thursday.
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Pandu Narote’s Death: A Reminder of Stan Swamy’s Demise, GN Saibaba’s Struggles

08/09/2022

The Quint / by Mekhala Saran

When Pandu Narote died on 25 August, once again questions arose regarding the treatment of ailing inmates.
In February 2020, granting bail to Bhima Koregaon accused Varavara Rao, on medical grounds, the Bombay High Court had noted that “sending him back to prison is fraught with risk.”
… In May, 2021, while the second wave of COVID-19 wreaked devastation across the country, the family and friends of the accused in the Bhima Koregaon case, who have been lodged in Mumbai’s Taloja and Byculla jail, held a press conference drawing attention to the purportedly dangerous living conditions there. These included overcrowding, the lack of medical care, paucity of clean water, and flimsy access to basic human rights.
Read more

► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)
► Also read: Crowded Jails & COVID: 16 Bhima Koregaon Accused’s Kin Share Fears (The Quint / May 2021)

Special Court Rejects Arun Ferreira’s Plea For Copy Orders Authorising Email Interception By NIA

23/08/2022 Asha

Special Court Rejects Arun Ferreira’s Plea For Copy Orders Authorising Email Interception By NIA

23/08/2022

Live Law / by Sharmeen Hakim

A special NIA has rejected the application filed by lawyer Arun Ferreira, an accused in the Bhima Koregaon-Elgar Parishad case, alleging that NIA illegally intercepted emails exchanged between him and co-accused Rona Wilson and used it as evidence. Ferreira had sought a copy of the order permitting the agency to intercept their emails.
The court however allowed accused lawyer Surendra Gadling’s plea against the obstruction by prison officials from receiving letters and personal communications sent by his wife and advocates to him at the prison.
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Special court rejects Arun Ferreira’s plea against NIA

23/08/2022

Free Press Journal / by Staff Reporter

A special court on Monday rejected an application by lawyer and accused in the Bhima Koregaon-Elgaar Parishad case, Arun Ferreira, in which he had claimed illegal interception by the National Investigation Agency (NIA) of some emails, which it later used as evidence…
In a separate development, the court directed the Taloja prison authorities to hand over to lawyer and Ferreira’s co-accused Surendra Gadling his letters from his wife, which he complained were held back by it.
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Plea of Elgaar Parishad accused for ‘order authorising email interception’ rejected

23/08/2022

The Indian Express / by Express News Service

A special court rejected Arun Ferreira application after the NIA denied any illegal interception and said the emails were accessed using a password found on a device seized from Rona Wilson, another accused.
After the NIA denied Elgaar Parishad case accused Arun Ferreira’s allegation that some emails it had relied on as evidence had been illegally intercepted, a special court on Monday rejected his application for the investigative agency to provide “the competent authority’s order issued for intercepting emails”.
Read more

Also read:
● Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused (The Wire / July 2022)

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022 Asha

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022

The Wire / by pti

With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
In the case that is being probed by the National Investigation Agency (NIA), of the total 16 arrested accused, Jesuit priest Stan Swamy died at a private hospital here last year during judicial custody, while Telugu poet Varavara Rao is currently out on medical bail. Only one accused – Sudha Bharadwaj – is out on regular bail.
Read more

Also read:
● Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)