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Tag: Vernon Gonsalves

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.
Read more

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.
Read more

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

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.
Read more

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.
Read more

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.
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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.
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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