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Tag: Vernon Gonsalves

Physical meetings with family and lawyer stopped, but phone call facility yet to resume: Inmates to court

Physical meetings with family and lawyer stopped, but phone call facility yet to resume: Inmates to court

The Indian Express / by Sadaf Modak

On Wednesday, undertrials in the Elgaar Parishad case – lodged in Taloja Central Prison – were produced before the special court via video conference.
With a surge in Covid-19 cases, while the prison department has stopped physical meetings again of inmates with relatives and lawyers, the phone and video call facility is yet to be resumed in many jails.
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Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

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.
Read more


Counsel Of Bhima Koregaon Accused Writes To SC-Appointed Technical Committee Suspecting Hacking Of His Device

09/01/2022

Live Law / by Srishti Ojha

A lawyer, who represented several persons implicated in the Bhima Koregaon Elgar Parishad case has written to the Technical Committee appointed by the Supreme Court to probe into the allegations of snooping through Pegasus, suspecting compromise of his mobile device by Pegasus Malware.
Advocate Nihalsing B Rathod, a practicing lawyer based in Nagpur has argued that his phone was intercepted for accessing the privileged communication and legal strategies drawn on behalf of his clients in the Bhima Koregaon Elgar Parishad.
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Bhima Koregaon accused, counsel write to SC appointed Committee alleging phones were compromised

08/01/2022

Bar & Bench / by Abhimanyu Hazarika

Advocate Nihal Singh Rathod has offered to appear before the committee and submit his phone for probe.
A Nagpur-based lawyer on Friday wrote to the Supreme Court appointed Technical Committee probing the Pegasus spyware scandal, stating that he has reasons to believe his phone was hacked and compromised by the spyware.
Read more


Also read:
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

Click to enlarge

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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Bombay HC refuses to entertain plea by 8 accused claiming „factual errors“ in default bail order

23/12/2021

Bar & Bench / by Neha Joshi

The 8 accused had moved the High Court seeking a minor rectification in the order passed by the Division Bench refusing default bail to them.
The Bombay High Court on Thursday refused to intervene in a plea by eight accused in the Bhima Koregaon violence case seeking a rectification of the ‘factual errors’ in the order refusing default bail to them.
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HC disposes plea of eight accused seeking rectification in order denying them bail

23/12/2021

Scroll.in / by Scroll Staff

The activists and academicians had said that the Bombay High Court order was based on a ‘factual error’.
The Bombay High Court on Thursday refused to intervene in a plea filed by eight accused persons in the Bhima Koregaon case, seeking rectification in an order that refused them bail, Bar and Bench reported.
The Bhima Koregaon case pertains to caste violence in a village near Pune in January 2018. Eight activists and academicians are among the 16 people arrested for allegedly plotting the violence.
Read more


Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’

22/12/2021

The Wire / by The Wire Staff

Sudhir Dawale, Varavara Rao, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira have approached the high court claiming its order denying them default bail was based on a “factual error”.
Eight activists and academics currently in jail in the Elgar Parishad case, who were denied default bail by the Bombay high court earlier this month, have approached the high court on Tuesday, seeking a correction in the relevant order. They said that they had in fact exercised their right to default bail within the stipulated period …
The high court will hear the matter further on December 23.
Read more


Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment

21/12/2021

Live Law / by Sharmeen Hakim

Eight accused in the Bhima Koregaon-Elgar Parishad case denied default bail have re-approached the Bombay High Court claiming to have exercised their right to default bail well within the stipulated period.
It may be recalled that the High Court had granted default bail to lawyer-activist Sudha Bharadwaj, an accused in the case, on the ground that the Pune Sessions Court was not competent to extend the time for probe as it was not notified as a Special Court under the NIA Act. However, the Court denied the same benefit to other accused by saying that they had not filed applications for default bail when that right accrued to them.
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Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Audio: Understanding the Judgement of the Bombay High Court

01/12/2021

By PUCL

Date: Dec 1, 2021
Speakers: Mihir Desai and others
In order to understand the judgement in the Bhima Koregaon, default statutory bail case granting bail to Sudha Bharadwaj (National Secretary of the PUCL), but rejecting the bail of 8 others who had also similarly applied, namely Dr. Varavara Rao, Dr. Shoma Sen, Surendra Gadling, Vernon Gonsalves, Sudhir Dhawale, Rona Wilson, Arun Ferreira, Mahesh Raut,
we are holding a meeting on December 1st, 2021 from 8pm to 10pm.
All are welcome to listen to the lawyers share their views on the judgement.
V. Suresh (General Secretary PUCL )
Kavita Srivastava (National Secretary)

Listen to recording


Why the Bombay High Court granted default bail to Sudha Bharadwaj and not to others [read order]

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj’s application for default bail was pending on the date the application for extension of time to file chargesheet was made.
While granting default bail to lawyer and activist Sudha Bharadwaj on Wednesday, the Bombay High Court refused bail to eight other co-accused in the Bhima Koregaon case.
The Bench of Justices SS Shinde and NJ Jamadar made certain interesting observations in the 120-page order while deciding the pleas filed by Bharadwaj and 8 others challenging orders of the Pune Sessions Judges.
Read more/read judgement


Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction: Bombay HC [read order]

01/12/2021

Live Law / by Sharmeen Hakim

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under provision of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail.
Read more/read judgement


Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused

01/12/2021

The Leaflet / by Sabah Gurmaj and Paras Nath Singh

The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases.
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BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

01/12/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday granted default bail to lawyer-activist Sudha Bharadwaj in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
However, the Court rejected the bail applications of the 8 other accused Sudhir Dawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira. They were arrested between June – August 2018.
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Sudha Bharadwaj granted default bail by Bombay High Court; plea of 8 others rejected

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj and 8 others had challenged the jurisdiction of the Pune Sessions Judge in 2019 who they submitted was not the Special NIA judge and hence not competent to hear their applications under UAPA.
In a significant development, the Bombay High Court on Wednesday allowed the default bail plea filed by Bhima Koregaon accused advocate Sudha Bharadwaj [Sudha Bharadwaj v. National Investigation Agency].
Read more


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Also read:
Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon (Live Law / Sep 2021)

Condemn The Solitary Confinement Of The Bhima Koregaon Accused!

Condemn The Solitary Confinement Of The Bhima Koregaon Accused!

By Peoples Union for Democratic Rights (PUDR)

CONDEMN THE SOLITARY CONFINEMENT AND CONTINUING HARASSMENT OF THE BHIMA KOREGAON ACCUSED BY TALOJA CENTRAL JAIL AUTHORITIES!
STOP PUNISHING POLITICAL PRISONERS FOR THEIR BELIEFS!

The high handedness of the Taloja Central Jail administration was evident in the events leading to the death of the octogenarian Bhima Koregaon undertrail, Stan Swamy on July 5, 2021. Almost immediately, the remaining BK undertrials protested the arbitrary jail conditions imposed by the then Superintendent, Kaustabh Kurlekar by observing a one-day hunger strike. However, far from bringing such persecution to an end, a new repressive regime has been installed by Superintendent UT Pawar. Its latest manifestation is the transfer of Vernon Gonsalves, Sagar Gokhale, Ramesh Gaichor, Surendra Gadling, Sudhir Dhawale and most recently on 12 October 2021 Gautam Navlakha to the ‘anda’ circle, the high security prison area in Taloja Jail. Imprisonment in the anda cell is a form of solitary confinement which is blatantly illegal in the case of undertrial prisoners.
Read full statement

Only ‘objectionable’ letters are being withheld by prison authorities: NIA to Bombay HC

Only ‘objectionable’ letters are being withheld by prison authorities: NIA to Bombay HC

Only ‘objectionable’ letters of accused are being withheld by prison authorities: NIA to Bombay HC

23/10/2021

Sabrangindia / by Sabrangindia

Families of accused persons Anand Teltumbde and Vernon Gonsalves have alleged that the prison authorities are withholding letters sent to and received from the jailed activities.
The National Investigation Agency (NIA), that is investigating the Bhima Koregaon violence case, has informed the Bombay high court that jail authorities are only withholding “objectionable” letters written by the Bhima Koregaon accused.
Read more


Anand Teltumbde’s Letters Alleged Planting Of Evidence On Computer, Had Objectionable Contents, Hence Withheld: NIA

23/10/2021

Live Law / by Sharmeen Hakim

Taloja Prison officials only restricted “objectionable” and “incriminating” letters written by Professor Anand Teltumbde and activist Vernon Gonsalves as it was “hampering the trial” and material against them in the Bhima-Koregaon Elgar Parishad Case, the National Investigating Agency has said.
The NIA’s reply responds to their wives’ – Rama Teltumbde and Susan Abraham’s – plea in the Bombay High Court seeking action against the then Superintendent of Taloja Prison for withholding communication with family.
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Only those letters of accused with suspicious content withheld: NIA to Bombay High Court

23/10/2021

Bar & Bench / by Neha Joshi

The NIA’s submission came in response to a plea by wives of Anand Teltumbde and Vernon Gonsalves, alleging that superintendent of Taloja Central Prison was withholding letters sent to and received from family members.
The National Investigation Agency (NIA) has told the Bombay High Court that not all letters written by Bhima Koregaon accused to their family members are being withheld by the jail superintendent.
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NIA tells Mumbai HC objectionable material in letters by accused to family published in The Caravan

NIA tells Mumbai HC objectionable material in letters by accused to family published in The Caravan

NIA tells Mumbai HC objectionable material in letters by accused to family published in The Caravan

10/10/2021

Bar & Bench / by Neha Joshi

NIA opposed the plea filed before Bombay High Court by wives of Teltumbde and Gonsalves, against the Superintendent of Taloja Prison, accusing him of withholding letters sent to and received from their family members.
The National Investigation Agency (NIA) has opposed the plea filed before Bombay High Court by wives of Bhima Koreagon accused Anand Teltumbde and Vernon Gonsalves, against the Superintendent of Taloja Central Prison, accusing him of withholding letters sent to and received from their family members.
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HC seeks reply on plea by wives of accused seeking probe into ‘restrictions’ on letters

09/10/2021

The Indian Express / by Express News Service

The Bombay High Court on Friday directed the state prison authority and the NIA to file a reply to the plea by the wives of Elgaar Parishad case accused Anand Teltumbde and Vernon Gonsalves, who are lodged in Taloja Central Jail in Navi Mumbai, seeking an inquiry for allegedly restricting the two activists from writing letters to their spouses and lawyers.
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NIA court reject medical bail pleas of four accused / Court reject application seeking copy of draft charges

NIA court reject medical bail pleas of four accused / Court reject application seeking copy of draft charges

NIA Court refuses medical bail to four Bhima Koregaon accused; citing past precedent, two other accused activists seek laptops in jail

22/09/2021

The Leaflet / by Sabah Gurmat

Shoma Sen, Vernon Gonsalves, Gautam Navlakha and Anand Teltumbde had applied for bail.
On Tuesday, 21 September 2021, a special National Investigation Agency (NIA) court in Mumbai rejected the bail applications filed on behalf of four of the senior citizens accused in the Bhima Koregaon case…
Notably, three of the Bhima Koregaon accused – Gonsalves, Arun Ferreira and Surendra Gadling – were also produced in-person at the special NIA court in Mumbai. The three argued before court by themselves.
Read more


NIA Court rejects medical bail to Shoma Sen

22/09/2021

Sabrang / by Sabrang

She was arrested in June 2018, and has been in jail since then, with no relief.
… Further, as per media reports, the court has also rejected the applications filed by co-accused Sudha Bharadwaj, Hany Babu and Gautam Navlakha for a copy of the draft charges filed by National Investigation Agency (NIA) that has reportedly submitted a list of seventeen draft (proposed) charges against the 15 accused, including the serious charge of waging a war against the country, which is punishable with death or imprisonment for life (section 121 of the Indian Penal Code)…
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Special NIA Court Rejects Professor Shoma Sen’s Interim Medical Bail Plea In Bhima Koregaon – Elgar Parishad Case

22/09/2021

Live Law / by Sharmeen Hakim

A special NIA court on Tuesday refused interim medical bail to Shoma Sen, a former professor at Nagpur University, who was arrested in the Bhima Koregaon – Elgaar Parishad caste violence case in 2018…
Meanwhile, the court has extended co-accused researcher Rona Wilson’s interim bail by three days…
Lastly, the court rejected an application filed by accused Gautam Navlakha, Hany Babu and Sudha Bharadwaj seeking a copy of draft charges submitted by NIA.
Read more


NIA court reject medical bail pleas of four Bhima-Koregaon case accused

21/09/2021

The Hindu / by Sonam Saigal

The special National Investigation Agency (NIA) court on Tuesday rejected the medical bail applications filed by senior citizens Shoma Sen, Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves.
Special Judge D.E. Kothalikar rejected the pleas by relying on recommendations from the high-powered committee set up to decongest prisons owing to the COVID-19 pandemic.
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NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves

NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves

NIA court to pass order on bail pleas of accused Rona Wilson, Vernon Gonsalves

07/09/2021

India Today / by Vidya

A special NIA court will pass an order on the bail pleas of the accused Rona Wilson and Vernon Gonsalves in connection to the Elgar-Parishad case.
A special NIA court in Mumbai will be passing an order on the interim bail pleas of accused Rona Wilson and co-accused Vernon Gonsalves in the Elgar Parishad case, on Tuesday.
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NIA opposes activist Rona Wilson’s plea to attend mass after his father’s death

06/09/2021

Scroll.in / by Scroll Staff

The agency claimed that the activist was creating grounds for his release as his father’s last rites had already been performed.
The National Investigation Agency on Monday opposed a petition filed by activist Rona Wilson, an accused in the Bhima Koregaon case, for interim bail to attend a ceremonial mass after his father’s death, PTI reported.
The agency said that Wilson’s family members could perform the rituals in his absence, The Indian Express reported.
Read more