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Cognizance Of Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? / 8 Accused Seek Bail

Cognizance Of Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? / 8 Accused Seek Bail

By LawBeat (July 15):
BombayHighCourt bench led by Justice SS Shinde to hear Lawyer-Activist Sudha Bharadwaj, accused in the #BhimaKoregaon – #ElgaParishad case seeking default bail contending that the trial judge was not authorised to take cognisance of the 2019 charge sheet against her.


Produce papers showing Pune judge was competent to pass orders, HC tells Maharashtra

08/07/2021

Scroll.in / by Scroll Staff

In a petition seeking default bail, activist Sudha Bharadwaj said that Sessions Judge KD Vadane was an additional judge and not a designated special judge.
The Bombay High Court on Thursday directed the Maharashtra government to produce documents to show that the judge who granted an extension to the Pune Police to file the chargesheet in the Bhima Koregaon violence case and took cognisance of it was authorised to do so, PTI reported.
… The court posted the matter for next hearing on July 15.
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Cognizance Of Bhima Koregaon Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? Bombay High Court To Examine

08/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday said that the Court’s records were consistent with lawyer-activist Sudha Bharadwaj’s RTI replies, according to which Additional Sessions Judge (Pune) Kishore Vadane was not appointed as a Special Judge under the NIA Act in 2018/2019.
“Record is the same as you had annexed under RTI,” Justice SS Shinde heading the division bench said at the beginning of the hearing.
The court also asked the State if it had anything additional to show that the judge was assigned the case back then.
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Judge who extended chargesheet deadline not special judge under NIA Act, reveals Sudha Bharadwaj’s lawyer

06/07/2021

The Free Press Journal / by Staff Reporter

Trade unionist, human rights lawyer and activist Sudha Bharadwaj through her advocate Yug Chaudhry claimed that the special judge, who extended the time to file chargesheet into the Bhima Koregaon violence case, and also took cognisance of the chargesheet, was not a special judge under the National Investigation Agency Act.
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Sudha Bharadwaj’s Bail Plea: Bombay High Court To Verify If Pune Sessions Judge Was Competent To Take Cognizance Of Chargesheet

06/07/2021

Live Law / by Sharmeen Hakim

The Bombay High Court said it would verify with the Registry if Additional Sessions Judge Kishor Vadane was a Special Judge under the National Investigation Agency (NIA) Act in 2018/2019 and if he was authorised to take cognisance of the Pune police’s charge sheet against the accused in the Bhima Koregaon Elgar – Parishad Case.
A division bench of Justices SS Shinde and NJ Jamadar heard Bharadwaj’s plea seeking bail in default Under Sections 439, 482 and section 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention Act. She has challenged two orders of Judge KD Vadane.
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8 accused in Bhima Koregaon seek bail as judge who rejected bail was not authorised

06/07/2021

The Hindu / by Sonam Saigal

Eight accused in the Bhima Koregaon caste violence case moved the Bombay High Court on Tuesday seeking bail on the ground that the special judge at Pune who rejected their default bail was not authorised to do so. Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Varavara Rao, Vernon Gonsalves and Arun Ferreira filed the petition through advocate R. Sathyanarayanan.
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Also read: Bombay High Court Seeks Reply On Sudha Bharadwaj’s Plea For Default Bail In Bhima Koregaon Case (Live Law, June 2021)

Rally for jailed Indian scholars held in Surrey, Canada

Rally for jailed Indian scholars held in Surrey, Canada


Surrey, June 27

Countercurrents.org / by Countercurrents

Close to the birthday of George Orwell and the 46th anniversary of Emergency in the world’s so called largest democracy, activists came together in Surrey on Sunday, June 27, to raise their voices against the incarceration of thinkers by the Indian authorities.
Organized by Radical Desi publications, the rally was held right outside the Indian Visa and Passport Application Center. The participants carried placards with pictures of jailed scholars who are being detained under trumped up charges for merely questioning the power and standing up for the poor and marginalized.
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There is freedom, but no mercy

There is freedom, but no mercy

The Indian Express / by T J S George

People are getting arrested as in the days of Indira Gandhi’s Emergency.
Freedom is a funny thing. When it is there, we don’t notice it. When it is not there, we don’t notice anything else. In a country as populous as India, half the people can take their freedom for granted without knowing that the other half is denied basic freedoms. This half-half reality is the defining feature of Narendra Modiji’s India.
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Three years after Bhima Koregaon: How criminal law was violated

Three years after Bhima Koregaon: How criminal law was violated

The Leaflet / by Nihalsing B Rathod

Recalling his bruising experiences with an unjust criminal justice system as part of the legal team of the activists arrested in the questionable Bhima Koregaon violence case three years ago, Nihalsing B Rathod, in this second of a three-part series, recollects how basic tenets of criminal law were violated by the Pune Police in arresting Sudha Bharadwaj, Varavara Rao, Arun Fereira, and Vernon Gonsalves at various points, and extending their detention, as well as that of Surendra Gadling, Shoma Sen, Rona Wilson, Sudhir Dhawale and Mahesh Raut. All this while, Gautam Navlakha and Anand Teltumbde exhausted all legal options to evade arrest, as the judiciary looked on, condoning the deprivation of the activists’ liberty and denying their bail applications, sometimes making gestures that filled the activists’ legal team with hope but ultimately continuing the farce that is the Bhima-Koregaon travesty.
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Also read part one: Bhima Koregaon: Marking three years since the first arrest (June 7, 2021)

Telangana govt bans Revolutionary Writers Association, 15 other orgs

Telangana govt bans Revolutionary Writers Association, 15 other orgs

Siasat / by Yunus Y Lasania

The Telangana government on Friday banned 16 organisations, including the Revolutionary Writers Association, known as Virasam, claiming that these are frontal bodies of the banned Communist Party of India (Maoist), and are engaged in “tactics” that “wage war against the state”. The order was passed by chief secretary Somesh Kumar, with effect from March 30 this year.
… The Government Order also clearly states that the organisations are also being banned for demanding the release of Prof. GN Sai Baba, Rona Wilson, and writer Vara Vara Rao (who is from Virasam), who are all currently in prison with regard to the Elgar Parishad case, on allegations of conspiring to kill Prime Minister Narendra Modi. 
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Also read: Andhra govt, Centre ‘collude’ to repeat Bhima Koregaon type case against rights activists (Counterview, April 2021)

Al report slams India / Excerpts: US State Dept Report Records Increasing Use of UAPA in India

Al report slams India / Excerpts: US State Dept Report Records Increasing Use of UAPA in India


Drawing by Arun Ferreira

Amnesty International report slams India

08/04/2021

Pakobserver / by News Desk

The London-based rights watchdog, Amnesty International has slammed India for its clampdown on civil liberties in Indian illegally occupied Jammu and Kashmir as well as punitive lockdown in response to the COVID-19 outbreak, use of force against the anti-CAA (Citizenship (Amendment) Act) protests, farmers’ protests and handling of Delhi riots.
… On arbitrary arrests and detentions, the Amnesty International said that seven human rights activists – Father Stan Swamy, Jyoti Raghoba Jagtap, Sagar Tatyaram Gorkhe, Ramesh Murlidhar Gaichor, Hany Babu, Gautam Navlakha and Anand Teltumbde – were arrested by the National Investigation Agency (NIA) for their alleged involvement in violence during the Bhima Koregaon celebrations near the city of Pune in 2018.
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Full report: AMNESTY INTERNATIONAL REPORT 2020/21: THE STATE OF THE WORLD’S HUMAN RIGHTS (April 2021)


Excerpts: US State Dept Report Records Increasing Use of UAPA by Indian Government

05/04/2021

The Wire / by The Wire Staff

The report cites the conditions in which the incarcerations of a pregnant Safoora Zargar, and ageing activists Varavara Rao, Sudha Bharadwaj and Stan Swamy progressed.
The US state department released the 2020 human rights report last week, accompanied by renewed rhetoric of putting emphasis on human rights at the heart of American diplomacy.
From the India chapter, here are excerpts from the report on the use of the Unlawful Activities Prevention Act (UAPA) from its section on ‘Arrest Procedures and Treatment of Detainees’.
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In prison, waiting is a habit turning slowly into addiction: Varavara Rao’s older prison diaries

In prison, waiting is a habit turning slowly into addiction: Varavara Rao’s older prison diaries

Scroll.in / by Varavara Rao

An excerpt from Varavara Rao’s ‘Captive Imagination: Letters from Prison’, published in 2010.

A day without toil
A night without love
A waiting on the shores of history…

Of the four days of life for which we have begged, two are lost in hope and the rest in waiting, said Bahadur Shah Zafar. In life outside, there is action to separate the hope from the waiting. Action could, of course, lead you to more hope and more waiting. But, lost in activity, time seems to slip through your fingers, your toes, from before your very eyes. Life in prison is not like that.
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Also read: FRAME UP OF INDIAN POLITICAL PRISONERS REVEALED – New Edition of COLORS OF THE CAGE by Rao’s co-accused human rights activist Arun Ferreira (Feb 2021)

The ‘Buts’ To Freedom Of Speech In India / Why Bail to Vara Vara Rao Augurs Well for Indian Democracy

The ‘Buts’ To Freedom Of Speech In India / Why Bail to Vara Vara Rao Augurs Well for Indian Democracy

The BJP’s Toolkit Is Not Working That Well

17/03/2021

The Wire / by Amit Shrivastava

Despite the BJP-RSS’s repression tactics having a terrifying and chilling effect on the right to protest, two of India’s largest movements have taken shape since 2019.
By now, it’s fairly obvious that the NDA government has a standard toolkit for dealing with what it regards as troublesome movements. The script goes like this …
The police stand on the sidelines as first propaganda and then violence is unleashed by either the Sangh parivar organisations or others. We’ve now seen this in JNU (in 2016 and again in 2020), in Bhima Koregaon, in the Republic Day incidents, and most terrible of all, in the Delhi killings of February 2020.
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The ‘Buts’ To Freedom Of Speech In India

17/03/2021

Feminism India / by Guest Writer

A trembling, disillusioned father told his daughter to flee her homeland for her safety. This seems like a plot taken straight from a classic wartime story fraught with separation and grief. In reality, such was the conversation my friend had with her father following the unlawful arrests of activists. The Disha Ravi toolkit case was the last straw.
The ‘buts’ to the freedom of speech in India only seem to point to a dictatorial reality, much like that of Airstrip One in George Orwell’s 1984, where even the mere thought of protest is met with prosecution.
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Why Bail to Vara Vara Rao Augurs Well for Indian Democracy

16/03/2021

NewsClick / by Ajay Gudavarthy

Collective rights cannot remain intact without a collective spirit. The Bombay High Court has shown such compassion lives on in India.
It restores faith in the judiciary and augurs well for Indian democracy that the Bombay High Court has granted bail to revolutionary poet VV Rao on medical grounds. In a sense, the current regime and VV, as he is known among friends, are on opposite ends of the political spectrum.
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After release, Varavara Rao spends his time reading and recovering, say kin

After release, Varavara Rao spends his time reading and recovering, say kin


VV Rao, leaving hospital on 6th of March

The News Minute / by Balakrishna Ganeshan

Varavara Rao, who was released on conditional bail, was discharged from Nanavati Hospital on March 6.
82-year-old Varavara Rao, who lost about 20 kgs in prison, according to family members, is slowly recovering from physical weakness. Rao, accused in the Bhima Koregaon case, who was discharged from hospital on March 6, is out on interim-bail for six months considering his frail health.
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VV Rao Released Finally / Free At Last: Poet Varavara Rao Released After Last Month’s Bail

VV Rao Released Finally / Free At Last: Poet Varavara Rao Released After Last Month’s Bail


VV Rao walks out of Hospital on Saturday night. Pic: Indira Jaising

Varavara Rao Released Finally

07/03/2021

By N Venugopal @ fb

Two weeks after getting bail, after going through various hassles in bail sureties, at last VV was released around midnight on Saturday from Nanavati Hospital. The final release orders reached Taloja jail around 4 pm and the jail authorities reached the hospital around 11 pm to release him.
The release comes with a number of conditions that he should not leave the jurisdiction of NIA Special Court and reside there, that he should furnish the details and contact numbers of family members staying with him, that he should attend the court trial regularly, that he should be in touch with local police station on video conferencing every fortnight, that he should not talk to media and social media about the cases against him, that he should not repeat the activities mentioned in the FIR, that he should not meet his co-accused, that he should not tamper with evidence and influence witnesses, that visitors other than near family should not gather at his residence, that this bail is for only six months and he should surrender himself to jail authorities after that, that he should surrender his passport to NIA within a week, that the violation of any of these conditions will lead to cancellation of the bail.


“Free At Last”: Poet Varavara Rao, 81, Released After Last Month’s Bail

07/03/2021

NDTV / by Divyanshu Dutta Roy

Varavara Rao, the 81-year-old poet-activist who has been in jail for over two years in the Koregaon-Bhima case, walked out of the Mumbai’s Nanavati Hospital late Saturday after being granted bail for six months by the Bombay High Court on medical grounds last month.
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Free at last on medical bail; Telugu poet Varavara Rao is released from judicial custody

07/03/2021

The Leaflet / by The Leaflet

A week after he was granted medical bail by the Bombay High Court, Dr. PV Varavara Rao was set free from judicial custody late last night.
Rao, 82, was undergoing treatment at Nanavati hospital, Mumbai.
Rao is an accused in the Bhima Koregaon case, facing charges under the Unlawful Activities (Prevention) Act’ (UAPA).
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‘Free at last’: Activist Varavara Rao discharged from hospital, released on interim bail

07/03/2021

Scroll.in / by Scroll Staff

The Bombay High Court had on February 22 granted the 81-year-old activist bail on medical grounds for a period of six months.
Poet and activist Varavara Rao, who is an accused in the Bhima Koregaon case, was on Saturday released from a hospital, reported NDTV. The Bombay High Court had on February 22 granted the 81-year-old activist bail on medical grounds for a period of six months.
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