Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap
11/07/2023
The Leaflet / by Sarah Thanawala
The division Bench of the Supreme Court directed the National Investigation Agency (NIA) and Maharashtra government to file counter affidavits within a period of three weeks.
On Tuesday, the Supreme Court allowed the respondents to file counter affidavits within a period of three weeks in the bail plea of anti-caste activist and musical performer, Jyoti Jagtap. Read more
Supreme Court Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week
11/07/2023
Live Law / by Awstika Das
The Supreme Court on Tuesday adjourned the hearing in the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap, saying that the judgments on the bail applications of co-accused Vernon Gonsalves and Arun Ferreira are expected to be delivered next week. Read more
In a Letter From Jail, Stan Swamy’s Co-Accused Ask President Murmu to Stand Up for What Is Right
05/07/2023
The Wire / by The Wire Staff
Today is Father Stan Swamy’s second death anniversary.
Two years ago on this day, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy breathed his last while in custody. His death exposed the state’s negligence and inability to protect prisoners. Swamy, a Parkinson’s patient, spent close to a year in jail, deprived of the most basic facilities – one of which was a sipper to drink water from.
On his second death anniversary, 11 of his co-accused (Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Hany Babu, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap) – all human rights activists and academics – write a letter to President of India Draupadi Murmu, who belongs to the tribal community that Swamy worked very closely with. Murmu, who recently spoke passionately about the conditions of Indian prisoners, was the governor of Jharkhand when Swamy’s organisation, Bagaicha, was raided and eventually he was arrested by the National Investigation Agency.
Along with the letter, the still-arrested human rights defenders also announced their one-day symbolic hunger strike in Mumbai’s Taloja and Byculla jails, where they are presently lodged.
The full text of their letter to the president is below. Read more
Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive
05/07/2023
Vernon Gonsalves
Scroll.in / by Vernon Gonsalves
A fellow prisoner’s recollections of the Jesuit priest, who died on July 5, 2021.
“…I am ready to pay the price, whatever be it. But we will sing in chorus. A caged bird can still sing.”
– Father Stan Swamy
When Stan Swamy, in his last message before landing in Navi Mumbai’s Taloja Central Prison in October 2020, declared that a “caged bird can still sing”, he was not talking about the tunes prisoners sing in jail. He had then not been imprisoned before that and was probably not acquainted with prison-singing in its various forms. Read more
On Father Stan Swamy’s second death anniversary, two letters, a painting and the triumph of memory against forgetting
05/07/2023
The Leaflet / by Sarah Thanawala
Father Stan Swamy’s death was an international shock the ripples of which can still be felt, and a blot on the record of a State that treats criminal justice as its plaything. His legacy is treasured by his co-accused in the Bhima-Koregaon case inside the prison, and everyone who stands for justice and democracy outside the prison.
… The 11 incarcerated accused persons in the Elgar Parishad case are set to go on a day-long hunger strike today. They pen an imaginary letter from Swamy to the President of India Droupadi Murmu, terming it “Prayers that never came to be”. Read more
“Hopefully waiting” writes Shoma Sen from prison
07/07/2023
InSAF India / by Shoma Sen
This handwritten note by Shoma Sen marks five years in prison for the activist and academic.
As we enter the sixth year of our incarceration the predominant feeling over the last five years is that of waiting. From waiting for default bail in the seventh month of our imprisonment, most of us are still waiting. In jail, we sit there waiting for court dates, waiting for mulakaat, waiting for the newspaper, waiting for bail and for the jail God called Memo. In jail, our sense of time itself gets warped. When a lawyer tells a prisoner that she will get bail in one or two days, it may actually mean one or two years. 24 hours of clock time could mean 24 months in judicial time. Read more
Who are the acclaimed ‘BK-16’? / HRDs and families await justice, five years down
Faulty investigation and severe loopholes in investigation, surrounds the controversial BK-16 case. International outcry has not helped move the trial five years down even while the targeted languish, families await the return of their loved ones
In June 2021, European Union parliamentarians, Nobel Laureates, renowned academics, and internationally known figures wrote a letter to the Prime Minister of India, Narendra Modi, the then Chief Justice of India as well as the Chief Minister of Maharashtra, and other authorities in India, demanding to the release of political prisoners arrested with relation to the Elgar Parishad and Bhima Koregaon incident.
Amidst contested accusations of an anti-India conspiracy, militancy, and violence, five long years have passed since the BK-16 have been imprisoned without trial. Read more
Who are the acclaimed ‘BK-16’?
22/06/2023
cjp / by CJP Team
Five years have passed, and human rights defenders (HRDs) and their families continue to await justice.
Surendra Gadling
Status: Detained without trial
Charges:Unlawful Activities Prevention Act (UAPA) since June 2018
Location: Taloja Central Prison, Mumbai
Gadling is a human rights lawyer and a Dalit activist. Over time, Gadling established himself as a keen advocate and a key figure in cases related to extrajudicial killings, police misconduct, false accusations, and injustices against Dalits and Adivasis in the region… Read more
Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira
04/03/2023
The Leaflet / by Sarah Thanawala
Senior advocate Rebecca M. John, representing Gonsalves, highlighted the commonality between Dr. Teltumbde’s grant of bail by the Bombay high court last year and the evidence in the present case to draw the claim of parity with the high court’s bail order.
On Friday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, reserved its judgment on the bail applications of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas. Read more
Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira
03/03/2023
Live Law / by Awstika Das
The Supreme Court on Friday reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967…
Gonsalves and Ferreira have approached the Supreme Court against a December 2021 order by which the Bombay High Court denied them default bail, even as the same benefit was granted to another co-accused, Sudha Bharadwaj. Even though this order was questioned in a subsequent review petition preferred by the two petitioners, the high court, in May of last year, refused to grant them relief. Read more
Supreme Court reserves verdict on bail pleas of Vernon Gonsalves, Arun Ferreira
03/03/2023
Bar & Bench / by Abhimanyu Hazarika
The NIA opposed the bail plea stating that long period in custody cannot be a ground to show leniency to terror-accused.
The Supreme Court on Friday reserved its verdict on the bail applications filed by two accused in the Bhima Koregaon case, Vernon Gonsalves and Arun Ferreira [Vernon vs State of Maharashtra and anr].
A bench of Justices Aniruddha Bose and Sudhanshu Dhulia concluded hearing arguments today, and reserved its order. Read more
Bhima Koregaon 2018. Graphic by Arun Ferreira & Vernon Gonsalves
Supreme Court continues hearing the bail pleas of Vernon Gonsalves and Arun Ferreira
02/03/2023
The Leaflet / by Sarah Thanawala
Additional Solicitor General K.M. Nataraj, representing the National Investigation Agency, alleges involvement of Gonsalves and Ferreira in alleged terrorist acts through letters and documents.
On Wednesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, continued hearing arguments on behalf of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas. Read more
‘Show Us Where They Asked People To Pick Up Guns’, Supreme Court Tells NIA In Bail Pleas Of Accused
02/03/2023
Live Law / by Astika Das
Show us where the Bhima Koregaon-accused Vernon Gonsalves and Arun Ferreira encouraged others they allegedly ‘recruited’ to pick up arms against the the government, the Supreme Court told the National Investigation Agency on Wednesday. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967.
… After hearing the submissions of senior advocates Rebecca John (for Gonsalves), R. Basant (for Ferreira), and the additional solicitor-general, the bench decided to adjourn the hearing till Friday, March 3. Read more
Delay In Starting Trial Not Due To Us, NIA Tells Supreme Court
01/03/2023
Live Law / by Awstika Das
The National Investigation Agency told the Supreme Court on Wednesday that the delay in the trial of the Bhima Koregaon accused could not be attributed to them. Additional Solicitor General for India K.M. Nataraj told the court.
… Notably, the trial in this high-profile case has not yet begun. Senior advocates Rebecca John (for Gonsalves) and R. Basant (for Ferreira) have both pointed out that even charges have not been framed yet, despite the passage of almost five years… In this connection, also relevant are Basant’s remarks on the delay in the process. He pointed out, “They intend to examine a total of 336 witnesses and go through 2,105 documents. Several accused persons have not yet been apprehended.” Read more
The Supreme Court continues hearing bail pleas of activists Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon case. Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
Sr Adv Rebecca John appearing for Gonsalves takes Court through documents relied on by the prosecution.
…
Sr Adv R Basant for Ferreira: I am in the next matter. I shall not repeat what my friend said. I have been in custody for over 4 years. In custody since 28.8.2018.
…
Hearing to continue on Friday.
John: They are looking for the elusive ‘goli’.
Senior advocate Rebecca M. John, appearing for Gonsalves, argued that the documents relied on by the NIA as evidence fail to prove Gonsalves’ connection with the alleged offence.
On Tuesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, heard arguments on behalf of trade unionist, activist and academic Vernon Gonsalves for the grant of regular bail. Gonsalves, and activist and lawyer Arun Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas.
… The matter is posted for further hearing tomorrow, March 1. Read more
‘No Incriminating Material Found Against Me’: Bhima Koregaon Accused Vernon Gonsalves Tells Supreme Court Seeking Bail
28/02/2023
Live Law / by Awstika Das
To deny bail on the basis of the little evidence that the centre has against Bhima Koregaon-accused Vernon Gonsalves was a ‘stretch’, said senior advocate Rebecca John, appearing on behalf of the jailed activist. “There is no evidence,” said John, after taking the court through the documents on which the National Investigation Agency relied…
A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for offences under the Unlawful Activities (Prevention) Act, 1967. Read more
by Bar & Bench (Feb 21, 2023)
++ #SupremeCourt to shortly hear bail pleas by Bhima Koregaon accused Vernon Gonsalves and Arun Ferreira who are facing charges under the Unlawful Activities (Prevention) Act, 1967 for alleged Maoist links. ++
++ Pass-over granted, at the behest of the Additional Solicitor-General. To be taken up later today. ++
++ Bench about to rise for lunch.
Senior Advocate Rebecca John: We have informed the other side, I have some difficulty after lunch. Can it be listed next Tuesday?
Bench: Alright, next Tuesday. Feb 28. ++
Supreme Court Adjourns Bail Applications Of Vernon Gonsalves & Arun Ferreira To Feb 21
13/02/2023
Live Law / by Awstika Das
The Supreme Court on Monday adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 after their arrest over alleged Naxal links in Bhima Koregaon case. The accused are facing charges under the Unlawful Activities (Prevention) Act, 1967.
A division bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia stated in the order: “Accommodation has been sought on behalf of the solicitor-general. List the matter as the first item on Tuesday, February 21.” Read more
The Supreme Court to shortly hear bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case.
Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
Justice Bose: Mr SG, Your junior is saying it will take some time. Should we keep it tomorrow?
SG: Could it be next week?
Justice Bose: That is too long a time.
Sr Adv Rebecca John: Can it be today? SG: That is difficult.
SC: First item Thursday after the fresh matters.
Justice Dhulia: We are told (by court staff) that we cannot have it on Thursday.
John: I have waited so long. I can wait till Tuesday.
Order: List on next Tuesday.
‘We’re Conscious It Is A Matter Of Personal Liberty’: Supreme Court After Adjourning Bail Pleas Of Bhima Koregaon Accused At NIA’s Request
08/02/2023
Live Law / by Anurag Tiwari
The Supreme Court, on Wednesday, at the request of National Investigation Agency (NIA), again adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to Monday.
Senior Advocate Rebecca John, appearing for one of petitioners, submitted before the bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia, “I hope they (NIA) won’t take further adjournment. Because it is a matter of personal liberty”. Read more
++ The Supreme Court to shortly hear bail pleas of Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon violence case.
Matter before Justices Aniruddha Bose and Sudhanshu Dhulia. ++
++ Counsel: SG is leading us, he is in another court.
Sr Adv Rebecca John: They had sought adjournment earlier as well.
Justice Bose: We will take it tomorrow.
Justice Dhulia: You can argue, what was the case you were relying on?
John: It is in volume … ++
++ SC: We do not have it.
John takes court through Anand Teltumbde medical bail order.
Bench does not have the copy it says.
SC: Call Mr Raju
Adv: He is not available. Next week?
SC: No ma’am, at most time till Friday.
Bench discusses ++
++ Sr Adv R Basant: 4 and a half years in custody.
Justice Bose to NIA counsel: You prepare yourself. Monday.
John: My lords have the compilation? I hope they do not take further adjournments. Only because it involves personal liberty.
Justice Dhulia: We … ++
++ Justice Dhulia: cannot give injunction (smiles). You can object then.
Justice Bose: We are conscious (that it involves personal liberty).
‘Accused In Custody For 5 Years’: Supreme Court Points Out To NIA While Hearing Bail Applications
06/02/2023
Live Law / by Live Law News Network
The Supreme Court, on Monday, at the request of National Investigation Agency (NIA), directed the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to be deferred to a Non-Miscellaneous day (Wednesday).
A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Ferreira, who were arrested for alleged links with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, as well as with far-left militants. Read more
Supreme Court adjourns bail pleas of Vernon Gonsalves and Arun Ferreira at the request of NIA
06/02/2023
The Leaflet / by Sarah Thanawala
The matter is posted to be heard on February 8.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia, at the request of the National Investigation Agency (NIA), adjourned the hearing of the bail pleas of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira. Gonsalves and Ferreira have filed bail applications in the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019 rejecting their bail pleas. Read more
Thread by Bar & Bench (Feb 6):
++ #SupremeCourt is hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case
Adv Kanu Agarwal: 2 bails in UAPA case. ASG is in another court It will take sometime. We have filed the counter affidavits. ++
++ SC: Somebody is in custody for 5 years. What harm will be caused if he is released on bail with conditions? What is there in counter affidavit ? We have read it
Adv Agarwal: delay in trial cannot be attributed to NIA. There are serious charges of membership etc ++
++ Sr Adv Rebecca John: trial was also underwent for 5 years.. material pertaining to this case is the same in other cases where I was acquitted..
SC: This may make your case a little different
SC: List on Next Wednesday for hearing ++
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. Read more
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. Read more
