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Tag: Vernon Gonsalves

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary / Protest Fast by 11 Co-Accused

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary / Protest Fast by 11 Co-Accused

‘You are immortalised in our hearts’: A cellmate’s letter to Stan Swamy on his death anniversary

05/07/2022

Scroll.in / by Vernon Gonsalves

The Jesuit priest, who had been arrested in the Bhima Koregoan case, died in custody on July 5, 2021, at the age of 84.

Dear Stan,
It’s now around a year to the day they said you went away. But it doesn’t seem as if you’ve gone. Guys like you can hardly just go away. Not from me at least, not from many many more you worked with and amongst. Actually you haven’t gone, in fact you’ve come. You’ve come to the lakhs who’ve come to know you over the last year and you’ll continue coming, down the ages, to millions more. You can’t go away, you won’t go away.

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On Father Stan Swamy’s Death Anniversary, Elgar Parishad Activists Observe Protest Fast in Prison

05/07/2022

The Wire / by The Wire Staff

Activists and lawyers have accused the jail administration of inhuman treatment towards and lack of adequate medical care for the priest and other accused in the case.
On July 5, last year, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy died in judicial custody in Mumbai.
Swamy was the 16th and last person to be arrested in the highly controversial Elgar Parishad case. He, like his co-accused in the case, suffered from prolonged and serious health complications while in custody. Swamy passed away after testing positive for COVID-19. His co-prisoners and lawyers have blamed the state for not allowing adequate medical help to reach him on time.
A year later, protesting against alleged state apathy and lack of accountability, 11 of his co-prisoners have decided to observe a day-long fast on the day of Swamy’s passing.
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Eleven activists accused in Elgar Parishad case observe day-long fast in Taloja prison on 1st death anniversary of Stan Swamy

05/07/2022

Midday.com / by pti

The protesting activists alleged that the death of Father Stan Swamy (83) was “brutal assassination by the prison administration, the NIA, and the government.” Swamy’s co-accused and activist Sudhir Dhawale, in a letter written to the Taloja prison superintendent and the case lawyers, claimed there has been no change in the jail condition, including general apathy among the prison administration and lack of medical facilities, which were among the several causes that led to Swamy’s death.
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Also read
How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in / Aug 2021)

Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each

Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each

The Leaflet / by Sarah Thanwala

In the Elgar Parishad-Bhima Koregaon case, leading activists, lawyers, scholars and artists have been arrested without trial under the charges of the Indian Penal Code and Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). According to the police, allegedly provocative statements and speeches made at the Elgar Parishad meeting in Pune on December 31, 2017, instigated the violence at Bhima Koregaon the following day on January 1, 2018 that led to death of one and injuries to several others …

The Leaflet brings to its readers a brief profile of each of the arrested persons, and the developments in the case pertaining to each.
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Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

Bombay High Court rejects default bail plea of Varavara Rao and seven other accused

04/05/2022

The Leaflet / by Sabah Gurmat

The Bombay High Court earlier today dismissed a petition filed by eight activists, academics and lawyers accused in the Bhima Koregaon (Elgar Parishad) violence case, who sought review of an earlier order which dismissed their appeal for default bail.
A plea seeking default bail was filed by P. Varavara Rao, Vernon Gonsalves, Arun Ferreira, Sudhir Dhawale, Shoma Sen, Rona Wilson, Mahesh Raut and Surendra Gadling.
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Bombay HC Says Won’t Review Refusal of Default Bail to 3 Activists

04/05/2022

The Wire / by The Wire Staff

Varavara Rao, Arun Ferreira and Vernon Gonsalves’ petition said the high court’s previous order was based on a “factual error”.
The Bombay high court on Wednesday dismissed a petition filed by Varavara Rao and two other activists, arrested in the Elgar Parishad case, seeking a review of an earlier order of the high court which refused them default bail.
The high court said it finds it difficult to hold there was any factual error in its earlier judgement and requires a review.
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Bombay HC Rejects Review Plea Seeking Default Bail To Varavara Rao, Vernon Gonsalves & Arun Ferreira

04/05/2022

Live Law / by Sharmeen Hakim

The Bombay High Court has rejected 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.
The court disposed of a review application filed by the three, seeking factual corrections in the order refusing them default bail and subsequently release.
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Bombay High Court rejects default bail plea of Varavara Rao, Arun Ferreira, Vernon Gonsalves

04/05/2022

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 Wednesday rejected 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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Also read:
Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’ (The Wire / Dec 2021)
‘Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment (Live Law / Dec 2021)

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Jadhav of Bombay HC, the third judge to recuse from hearing petitions in the case this year

Justice Sadhana Jadhav Of Bombay High Court, The Third Judge To Recuse From Hearing Petitions In Bhima Koregaon Case This Year

19/04/2022

Live Law / Sharmeen Hakim

A third judge of the Bombay High Court, Justice Sadhana Jadhav, recused from hearing a clutch of petitions in the Bhima Koregaon – Elgar Parishad case this year, including two petitions alleging the planting of electronic evidence through malware.
Justice Jadhav said no Elgar Parishad matters to be placed before her. the judge had earlier recused from hearing BK matters in 2019 and 2020, as well.
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Justice Sadhana Jadhav recuses herself from hearing pleas in Bhima Koregaon case

19/04/2022

Scroll.in / by Scroll Staff

She is the third Bombay High Court judge to withdraw from hearing petitions in the caste violence case this year.
Justice Sadhana Jadhav of the Bombay High Court on Tuesday recused herself from hearing petitions filed in the Bhima Koregaon case, Live Law reported. Jadhav is the third Bombay High Court judge to withdraw from the hearing the petitions related to the case this year.
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Justice Jadhav recuses from Bhima Koregaon cases, third Bombay HC judge to recuse

19/04/2022

Bar & Bench / by Neha Joshi

Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
A third Bench of the Bombay High Court led by Justice Sadhana S Jadhav on Tuesday recused from hearing a clutch of petitions filed in the Bhima Koregaon case of 2018.
Justice Jadhav is the third judge to recuse from the case. Earlier, Justices PB Varale and SS Shinde had also recused from the matter.
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Also read
Judge recuses from Elgar Parishad cases, new bench to hear pleas (India Today / Feb 2022)

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)