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India among top 10 countries to jail writers, academics in 2021, shows Pen America’s report

India among top 10 countries to jail writers, academics in 2021, shows Pen America’s report

India figures on list of top 10 ten countries that jail writers, academics & intellectuals

16/04/2022

The Federal / by The Federal

The 2021 Freedom to Write report recently published by Pen America, an NGO, has detailed the arrests of eight people in the country, which includes comedian Munawar Faruqui and those arrested in the Bhima Koregaon case.
India has the dubious distinction of figuring among the top ten list of countries that jail writers, academics and intellectual for their writings, works and advocacy.
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India among top 10 countries to jail writers, academics in 2021, shows Pen America’s report

15/04/2022

Scroll.in / by Scroll Staff

This is ‘one element of the ruling party’s attempts to quash dissent and entrench political control’, the United States non-profit organisation said.
… According to the report published on Wednesday, 277 writers and academics were detained or in prison in 36 countries last year. Of them, eight are from India – comedian Munawar Faruqui and Bhima Koregaon accused persons Varavara Rao, Sudha Bharadwaj, Vernon Gonsalves, Hany Babu, Gautam Navlakha, Arun Ferreira and Anand Teltumbde.
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PEN America’s Writers at Risk Database (India, 2021)

Also read:
● International Mother Language Day: Take Action for Hany Babu (Pen International | Feb 2022)
● Joint Statement: Freedom for Varavara Rao (Pen International | Oct 2021)
● A Dark Day for Democracy and Freedom of Expression (Pen International | Aug 2018)

Bombay High Court reserves order on default bail plea by Rao, Ferreira and Gonsalves

Bombay High Court reserves order on default bail plea by Rao, Ferreira and Gonsalves

Bombay High Court reserves order on default bail plea by Rao, Ferreira and Gonsalves

22/03/2022

The Leaflet / by Sabah Gurmat

On Tuesday, a division bench of the Bombay High Court constituting Justices S.S. Shinde and N.J. Jamadar decided to reserve its order on the application filed by three of the accused — poet and activist P. Varavara Rao, academic and activist Vernon Gonsalves, and human rights lawyer and activist Arun Ferreira — in the Bhima Koregaon (Elgar Parishad) case. Their plea sought a review of the court’s earlier judgement in December which refused them default bail while allowing the same for co-accused lawyer and activist Sudha Bharadwaj.
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Bombay High Court reserves verdict in default bail plea by three accused

22/03/2022

Bar & Bench / by Neha Joshi

The review application by Varavara Rao, Arun Ferreira and Vernon Gonsalves claimed there was factual error in the High Court’s December 2021 judgment, which if not rectified, will lead to “gross miscarriage of justice”.
The Bombay High Court on Tuesday reserved its verdict in the plea filed by three accused Varavara Rao, Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case seeking review of the High Court’s December 2021 judgment refusing them default bail [P Varavara Rao & Ors. v. State of Maharashtra & Anr.].
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Exposing the machinations of authoritarian power: A profile of Vernon Gonsalves

Exposing the machinations of authoritarian power: A profile of Vernon Gonsalves

By The Polis Project

Profiles of Dissent is a series centered on remarkable voices of dissent and courage across the world. They are writers, poets, activists, human rights defenders and those who have been incarcerated for speaking truth to power.
Vernon Gonsalves is a human rights activist, writer and former professor in several colleges in Mumbai. As an advocate of the rights of marginalized communities, he is a vocal critic of India’s criminal justice system and of the State establishment. In 2007, he was imprisoned under the Unlawful Activities Prevention Act (UAPA) and the Arms Act, but he was released in 2013 after most of the charges made against him were disproved in Court. 
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The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn

The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn

article 14 / by Shamik Bag

By using security laws, deploying surveillance technology, and leveraging potent national interest narratives, Narendra Modi’s Hindu-first government has targeted critics and eroded the rule of law in India—often in violation of the Constitution, using legal loopholes and grey areas. Through the lens of the notorious Bhima Koregaon case, we investigate these tactics in-depth, and report how citizens are fighting to preserve the world’s largest democracy.
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After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

After Two Justices Recuse From Hearing Case, Chief Justice Agrees To Constitute New Bench

After Justices PB Varale And SS Shinde Recuse From Hearing Bhima Koregaon Case, Chief Justice Agrees To Constitute New Bench

25/02/2022

Live Law / by Sharmeen Hakim

After two judges recused themselves from hearing petitions arising out of the Bhima Koregaon – Elgar Parishad Case, Chief Justice Dipankar Datta of the Bombay high Court said a third bench would be constituted to hear the cases at the earliest.
After Justice PB Varale’s bench, that has the criminal assignment, recused from hearing matters earlier this month, the alternate bench of Justice SS Shinde also recused from taking up petitions connected to the case.
Justice Shinde, however, will hear the interim application filed by Vernon Gonsalves, Arun Ferreira and Varavara Rao seeking bail and factual corrections in his order refusing them default bail.
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Judge recuses from Elgar Parishad cases, new bench to hear pleas

25/02/2022

India Today / by Vidya

The new Bench, comprising Justice SB Shukre and AB Borkar, will hear all pleas related to the Elgar Parishad from here on.
Anew Bench of the Bombay High Court will now hear all the pleas related to the Elgar Parishad case after a judge recused himself from the case in which several arrests have been made since 2018.
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Jusitce SS Shinde of Bombay High Court Recuses hearing Bhima Koregaon cases

24/02/2022

Bar & Bench / by Neha Joshi

Sources told Bar & Bench that Justice Shinde will continue hearing the plea filed by three accused in the case seeking review of his own judgment refusing them default bail; however, he has recused from other cases.
Justice Shinde will be releasing a circular/notification to that effect shortly, sources have told Bar and Bench.
After such circular/notification is issued, the respective lawyers representing the 15 accused in the case, will have to move the Chief Justice of the High Court on administrative side to get a new Bench constituted for hearing the petitions arising from the 2018 case.
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NIA opposes default bail plea filed by Varavara Rao, Vernon Gonsalves & Arun Ferreira in Bombay HC

NIA opposes default bail plea filed by Varavara Rao, Vernon Gonsalves & Arun Ferreira in Bombay HC

Varavara Rao, Vernon Gonsalves, Arun Ferreira

NIA opposes default bail plea in Bombay HC, cites embargo on review

24/02/2022

Bar & Bench / by Neha Joshi

The NIA stated that the review petition filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira is barred by law as they were seeking an alteration or review of the final judgment passed by the High Court.
The National Investigation Agency (NIA) has opposed the plea filed by three accused in the Bhima Koregaon case before the Bombay High Court seeking review of the judgment refusing them default bail [P Varavara Rao & Ors. v. State of Maharashtra & Anr.]
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S.362 CrPC Puts An Embargo’: NIA Opposes Plea Filed By Bhima Koregaon Accused Seeking Review Of Bombay HC’s Judgement Refusing Default Bail

24/02/2022

Live Law / by Sharmeen Hakim
The National Investigation Agency has sought dismissal of the application filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira seeking bail and factual corrections in the Bombay High Court’s order refusing them default bail.
In their reply tendered to the Bombay High Court, the agency cited the embargo under section 362 of CrPC to alter or review judgements once a petition is decided on merits.
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Also read:
● Vernon Gonsalves, Varavara Rao & Arun Ferreira File Review Application In Bombay High Court, Seek Default Bail (Live Law / Feb 2022)

Vernon Gonsalves, Varavara Rao & Arun Ferreira File Review Application, Seek Default Bail

Vernon Gonsalves, Varavara Rao & Arun Ferreira File Review Application, Seek Default Bail

Live Law / by Sharmeen Hakim

The Bombay High Court has directed the National Investigation Agency to respond to a review application filed by three accused in the Bhima Koregaon – Elgar Parishad Case seeking bail and factual corrections in the order refusing them default bail.
A division bench led by Justice SS Shinde gave the agency two weeks to file their reply and posted the application filed by Vernon Gonsalves, Varavara and Arun Ferreira thereafter.
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Seized Devices Of Seven Accused To Be Submitted To Pegasus Committee

Seized Devices Of Seven Accused To Be Submitted To Pegasus Committee

Court permits NIA to submit seized mobile phones to the SC-appointed Committee probing Pegasus allegations

08/02/2022

The Leaflet / by The Leaflet

A special National Investigation Agency [NIA] Court in Mumbai, on Tuesday, allowed the application filed by the anti-terror agency to submit the seized mobile phones of the seven accused in the Bhima Koregaon case to the Supreme Court-appointed Techincal Committee which is probing the Pegasus spyware scandal.
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Seized Mobile Devices Of Seven Accused To Be Submitted To Pegasus Committee To Check For Possible Snooping

08/02/2022

Live Law / by Sharmee Hakim

Mobile devices of the seven accused in the Bhima Koregaon – Elgar Parishad Case will be submitted to the Supreme Court-appointed Technical Committee (TC) probing allegations of snooping using Pegasus spyware, after the Special Court allowed the National Investigation Agency’s plea.
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Also read:
● Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting (The Wire / Jan 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Default bail arguments completed for Elgar Parishad accused

Default bail arguments completed for Elgar Parishad accused

Click to enlarge

by Swati Deshpande (Jan 28, 2022)
Default bail arguments completed by defence lawyers for Elgar Parishad accused on Friday before Special UAPA court. The special Public prosecutor will now argue on February 14.

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

23/12/2021

Live Law / by Sharmeen Hakim

The Court cited the bar under Section 362 CrPC in reviewing the order.
The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC’s order denying them bail.
Through a precipice (application) for “speaking to minutes”, the accused claimed that just like Sudha Bharadwaj, who was granted bail, they had also filed their default bail pleas in the stipulated time.
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PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

19/01/2022

Law Street Journal / by Komal Kinger

Pegasus is a type of spyware created by the Israeli cyberarms firm NSO Group that can be installed secretly on mobile phones (and other divices) running most versions of iOS and Android.
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Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

10/01/2022

The Wire / Sukanya Shantha

On January 3, the committee issued a public notice urging people to contact them in case they have reasons to believe that their phones were compromised using the malware.
Several human rights defenders and academics implicated in the Elgar Parishad case and their lawyers have sent their representation to the Supreme Court-appointed Technical Committee alleging that their phones were infected by the vicious Pegasus malware.
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Bhima Koregaon accused and their counsel write to SC’s Pegasus technical committee alleging snooping

08/01/2022

The Leaflet / by The Leaflet

On January 3, the Supreme Court-appointed Technical Committee (TC) to investigate the snooping allegations using Pegasus spyware had issued a public notice urging citizens to contact it if they felt that their mobile device had been infected…
The Leaflet learns that at least four accused in the Bhima Koregaon case, and their counsel, Nihalsing B. Rathod, have written to the committee separately alleging that their mobile devices had been infected with the Pegasus malware.
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Also read:
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)