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Supreme Court Adjourns Hearing On Bail Plea Of Vernon Gonsalves, Arun Ferreira

Supreme Court Adjourns Hearing On Bail Plea Of Vernon Gonsalves, Arun Ferreira

Supreme Court Adjourns Hearing On Bail Plea Of Vernon Gonsalves, Arun Ferreira

01/02/2023

The National Bulletin / by TNB Bureau

The hearing in the Supreme Court has been postponed in the case of bail of accused Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case. The next hearing of this matter will be on 6 February. The Supreme Court said that further hearing of the case will not be postponed. Earlier on August 18, 2022, the Supreme Court had asked the special court of the National Investigation Agency (NIA) to frame charges against accused Vernon Gonsalves within three months.
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Thread by Live Law / @LiveLawIndia (Feb 1, 2023):
++ Supreme Court to hear bail pleas of Bhima Koregaon Case Accused Varun Gonsalves and Arun Ferreira. ++
++ Report from the last hearing++
++ Matter before bench of Justices MR Shah and Sudhanshu Dhulia ++
++ Bench to shortly start hearing the bail plea. ++
++ Letter circulated in the matter. ++
++ Justice Shah – We will keep it on next Monday. No further adjournments. ++

Also read:
● Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira (The Leaflet / Jan 16, 2023)

SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30

16/01/2023

Live Law / by Awstika Das

“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court on Monday, while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira… Indicating that they would like to hear the arguments at length, the bench decided to post the matter on a ‘non-miscellaneous’ day in the week starting on January 30.
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Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

16/01/2023

The Leaflet / by Sarah Thanawala

The matter is posted for hearing on January 30.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia decided to proceed with the hearing of bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira after Justice Dipankar Datta recused himself from hearing the matter on January 12. Gonsalves and Ferreira have filed the bail application in the Supreme Court challenging the rejection of their default bail applications by the Bombay High court.
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Justice Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves and Arun Ferreira

12/01/2023

The Leaflet / by Sarah Thanawala

The matter will now be taken up next week by a bench that does not comprise Justice Datta.
Thursday, Justice Dipankar Datta recused himself from hearing the bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira. The matter will now be taken up by a bench that Justice Dutta is not a part of.
… A Supreme Court division bench, comprising Justices Ravindra Bhatt and Datta, was hearing petitions filed by Gonsalves and Ferreira, challenging the rejection of their bail applications by the Bombay High Court.
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SC judge Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves, Arun Ferreira

13/01/2023

Scroll.in / by Scroll Staff

Justice Dipankar Datta of the Supreme Court on Thursday recused himself from hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, Live Law reported.
… Gonsalves and Ferreira have filed petitions in the Supreme Court challenging the Bombay High Court decision to deny them default bail in the case. The court had held that Gonsalves and Ferreira did not apply for the bail on time.
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Also read:
● Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
● Special court rejects Arun Ferreira’s plea against NIA (Free Press Journal / Aug 2022)

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Vernon Gonsalves in discharge plea

Electronic records relied on during probe dubious, says Gonsalves in discharge plea

05/01/2023

The Indian Express / by Express News Service

Referring to multiple reports by US-based forensic consulting firm Arsenal Consulting, which said that malware was planted on the electronic devices of his co-accused, Gonsalves has said the main evidence in the case is ‘unworthy of credit’.
Vernon Gonsalves, an accused in the Elgaar Parishad case, filed his discharge application before the special court on Wednesday, stating that electronic records relied on by the investigators are dubious.
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Vernon Gonsalves cites Arsenal report to seek discharge

05/01/2023

Free Press Journal / by Bhavna Uchil

Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused.
Accused in the Bhima-Koregaon case, Vernon Gonsalves has sought a clean chit and cited the US forensics firm Arsenal Consulting’s report showing that incriminating evidence was planted on devices of the accused. The electronic evidence forms the foundation of the prosecution’s case. He has claimed that it’s dubious and has called into question the whole basis of the case.
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Activist Vernon Gonsalves files for discharge

04/01/2023

Hindustan Times / by Charul Shah

The activist has raised questions on the sanction given by the competent authorities to invoke charges under the Unlawful Activities Prevention Act. In the discharge plea, he has claimed that the sanctioning authority has to be independent and needs to evaluate evidence before granting sanction
Human rights activist Vernon Gonsalves has filed a plea before the special NIA court seeking discharge from the Elgar Parishad-Bhima Koregaon violence case, claiming that there was no evidence to proceed against him. Gonsalves, arrested in August 2018, is currently lodged in Taloja jail.
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Also read:
● Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)
● Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jun 11, 2018)

Supreme Court to take up bail pleas of Vernon Gonsalves and Arun Ferreira in January

Supreme Court to take up bail pleas of Vernon Gonsalves and Arun Ferreira in January

India Legal Live / by India Legal

The Supreme Court on Friday posted the bail application of academician Vernon Gonsalves, accused in the Elgar Parishad case, for hearing in the second week of January.
The Bench led by Justice Ravindra Bhat ruled that it will take up the bail petition of Gonsalves along with the bail plea of Activist Arun Ferreira, also an accused in the Elgar Parishad Maoist link case.
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Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?

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

poster by @/bakeryprasad

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.
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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)

Securing the right to health of political prisoners

Securing the right to health of political prisoners

The Leaflet / by Rohin Bhatt

It is time that the right to health becomes a reality, in letter and spirit to every person, irrespective of their incarceration status. This will have to be done through a wide scale, public health campaign, and rapid recruitment of qualified doctors with training in evidence-based medicine that can provide adequate care to prisoners.
It has been good law in India since Bandhua Mukti Morcha versus Union of India (1983) that the right to health is a fundamental part of right to life under Article 21 of the Constitution…
However, what happens when you are a political prisoner in India? These rights are vitiated, and the process becomes the punishment.
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Also read/watch:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 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

The plight of jailed activists in ‘police state’

The plight of jailed activists in ‘police state’

Delhi. Oct 8, 2022

The Telegraph / by Pheroze L. Vincent

Try hugging your child with one arm
Political leaders on Saturday shared the stage with relatives and friends of activists imprisoned in terror cases, listening to how bail remained a mirage for years and police prevented the accused even from hugging their children in court.
Besides the release of their loved ones, most of the speakers demanded a repeal of the Unlawful Activities Prevention Act (UAPA) which made bail difficult to obtain, and alleged that an “undeclared emergency” had turned the country into a “police state”.
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Also read:

Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

Vernon Gonsalves

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

17/09/2022

Scroll.in / by Scroll Staff

Susan Abraham said the counsel sought access to his medical records and asked the authorities to not discharge the activist from the hospital prematurely.
Activist Vernon Gonsalves’ wife on Monday said that he is recovering at the state-run JJ Hospital in Mumbai and they are not pressing for his medical bail at the moment.
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Vernon Gonsalves bail plea to be heard on September 16

14/09/2022

The Hindu / by Special Correspondent

He was admitted to the hospital on September 8 and is currently undergoing treatment for dengue.
The National Investigation Agency (NIA) court will hear activist Vernon Gonsalves’s bail on September 16 as he continues to be on oxygen support at the State-run J.J. hospital.
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Court seeks Vernon Gonsalves’s medical report from JJ Hospital

14/09/2022

The Times of India / by TNN

A special trial court on Tuesday called for a report on an affidvait from state-run J J Hospital on the health condition of Elgar Parishad case accused Vernon Gonsalves who was admitted there last week after being diagnosed with dengue.
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Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’ (Counterview / Sep 2022)

PEN America: RELEASE WRITER VERNON GONSALVES, AS HIS HEALTH WORSENS

PEN America: RELEASE WRITER VERNON GONSALVES, AS HIS HEALTH WORSENS

By PEN America

Advocates Call for Better Medical Care for Gonsalves, who Suffers from Dengue, and Others Held in Prison

September 14, 2022
Ahead of a bail hearing on Sept. 15, PEN America is calling for the immediate release from prison of Indian writer Vernon Gonsalves, due to his worsening health. Gonsalves is suffering from dengue as a result of his detention at Taloja Central Jail. PEN America urged authorities to release other writers and activists held in prison and to improve medical care for all prisoners. 
Read full statement

Gautam Navlakha approaches court again seeking mosquito net in prison

Gautam Navlakha approaches court again seeking mosquito net in prison

Seeking court’s permission to use a mosquito net !

15/09/2022

madhyamam / by Editorial Desk

Most people will remember that two years ago, an elderly man had to approach the court to seek access to a straw to drink water in prison because he suffered from tremors. Fr Stan Swamy was in jail for leading legal battles for the rights of tribal communities. His punishment included the denial of the basic right to drinking water comfortably… Prominent human rights activist and journalist Gautam Navlakha is a trial prisoner in the same Elgar Parishad case in which Stan Swamy was accused and arrested. Two days ago, Navlakha approached a special NIA court for permission to use mosquito nets in the jail.
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Gautam Navlakha approaches court again seeking mosquito net in prison

14/09/2022

Scroll.in / by Scroll Staff

He filed the application in court days after another accused person, Vernon Gonsalves, contracted dengue in jail.
In his plea, Navlakha told the court that the area in which the Taloja jail in Navi Mumbai is located is prone to dengue and malaria. “The applicant [Navlakha] is very troubled due to the influx of mosquitoes at the prison and is unable to sleep at night even after using mosquito repellents,” the plea added.
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Gautam Navlakha approaches court again seeking mosquito net

13/09/2022

The Indian Express / by Sadaf Modak

Navlakha’s application filed through lawyers Wahab Khan and Chandni Chawla said that despite these directions passed by the court, Gonsalves contracted dengue and has been unwell since August 31. Gonsalves is currently admitted at state-run J J Hospital.
Days after his co-accused in the Elgaar Parishad case, Vernon Gonsalves, contracted dengue in Taloja Central Jail, activist Gautam Navlakha again approached court seeking a mosquito net. Over the past few months, undertrials at the prison and jail authorities have faced-off over lack of mosquito nets in the prison. In May, jail authorities seized mosquito nets of undertrials stating that the strings and nails used to tie the nets can be a security risk…
Meanwhile, the special court will hear Gonsalves’ application for temporary bail on medical grounds on Friday. The court on Tuesday received a report from JJ Hospital where he is admitted.
Read more

Also read:
● NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)