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The Legal Battle of Bhima Koregaon: The story so far

The Legal Battle of Bhima Koregaon: The story so far

Bar & Bench / by Neha Joshi

The Special NIA Court has listed the pending applications on September 6, 2021
On July 5, 2021, 83-year-old activist and priest Father Stan Swamy passed away in a Mumbai private hospital while in judicial custody for his alleged involvement in the riots that took place in Bhima Koregaon post the Elgar Parishad event held on January 2018.
His death highlighted the state of undertrials in the Bhima Koregaon case, most of whom have been awaiting trial for the past three years.
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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

02/09/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon – Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail.
The accused have filed the appeal against the Sessions court’s order rejecting the default bail application under Section 167(2) of the Code of of Criminal Procedure read with Section 43-D (2) of Unlawful Activities (Prevention) Act.
… The HC is likely to pronounce its judgement along a similar plea made co-accused Sudha Bharadwaj, on which order was reserved on August 4.
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HC reserves order on plea by eight accused

01/09/2021

Hindustan Times / by KAY Dodhiya

The Bombay high court reserved its orders in the petition filed by the eight Elgar Parishad accused who challenged the cognizance taken by the sessions judge of the charge sheet filed by Pune Police in November 2018.
The counsel for the accused argued that as the sessions judge had passed orders and not the special NIA court or a magistrate court as stipulated by the provisions of the Unlawful Activities (Prevention) Act (UAPA) under which the accused were booked, the orders passed by the sessions judge were not valid and they were eligible for default bail.
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Bombay HC reserves verdict in plea by 8 accused challenging cognizance taken by Pune Sessions Judge

01/09/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Wednesday reserved its verdict in the plea filed by eight of sixteen accused in the 2018 Bhima Koregaon case challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them.
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Also read:
● 8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail (Bar & Bench, Aug 23)
● Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Bhima Koregaon accused languishing in jail for 3 years

Bhima Koregaon accused languishing in jail for 3 years

The Hindu / by Sonam Saigal

Plea challenging denial of bail being heard in Bombay HC
Saturday marks three years since trade unionist and human rights advocate Sudha Bharadwaj, columnist and activist Vernon Gonsalves, cartoonist and activist Arun Ferreira and poet and activist Varavara Rao were arrested by the Pune police some seven months after a mob attacked Dalits and Bahujans on January 1, 2018.
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by CIVICUS (Aug 28):
#India: Today marks exactly 3 years since human rights lawyer & activist Sudha Bharadwaj was arrested & subsequently detained under the anti-terror UAPA law on fabricated charges.
The state must #FreeSudhaBharadwaj immediately
http://web.civicus.org/Sudha | #StandAsMyWitness

10 prisoners accuse ex-jail superintendent of ‘political censorship’

10 prisoners accuse ex-jail superintendent of ‘political censorship’

Prisoners accuse ex-jail superintendent of ‘political censorship’

27/08/2021

Sabrang / by Sabrangindia

The former Taloja Jail Superintendent Kaustubh Kurlekar has been allegedly saving copies of the letter exchanged between the accused and their family and lawyers
Ten activists, who have been falsely implicated in the Bhima Koregaon violence case, have written to the Home Minister of Maharashtra, alleging that Taloja Central Jail’s former Superintendent Kaustubh Kurlekar has been taking scans and saving copies of the letters exchanged between them and their family and advocates.
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10 Elgaar Parishad accused allege ‘political censorship’ by jail authorities

27/08/2021

The Hindu / by Sonam Saigal

Kaustubh Kurlekar of Taloja jail scans and saves letters, they have said in a letter to State Home Minister
Ten accused in the Elgar Parishad case have written a letter to Home Minister of Maharashtra on Thursday alleging that Taloja Central Jail’s Superintendent Kaustubh Kurlekar scans and saves copies of letters written by them to their family and advocates.
The letter written on Thursday has been signed by Anand Teltumbde, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves, Mahesh Raut, Sudhir Dhawale, Surendra Gadling, Rona Wilson, Sagar Gorkhe and Ramesh Gaichor.
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8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

Sessions court had no power to take cognisance of pleas: Accused in Elgar Parishad case seek default bail

24/08/2021

The Indian Express / by Express News Service

The lawyer for the accused submitted that as the orders of remand, authorising custody were ‘illegally’ passed by the sessions judge and the same could not be sustained, they may be released on default bail.
Eight accused in the Elgar Parishad case, while challenging the September 2019 order of the Pune Sessions court rejecting their default bail pleas, told the Bombay High Court that persons booked for scheduled offences under the Unlawful Activities (Prevention) Act (UAPA) had to be produced before special National Investigation Agency (NIA) court and the sessions judge had no power to take cognisance of their pleas.
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8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

23/08/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
Eight accused in the 2018 Bhima Koregaon case have moved the Bombay High Court challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them and to quash the criminal proceedings (Sudhir Dhawale & Ors. v. State of Maharashtra & Ors.).
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Also read: Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison

How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison

Scroll.in / by Arun Ferreira

Although we received news by late evening on October 8, 2020, of Father Stan Swamy’s arrest, we were quite shocked to see him the next morning in the adjourning barrack conversing with inmates in his impeccable Hindi.
I was at that time lodged in a cell at the prison hospital with my co- accused Varavara Rao (or VV) and Vernon Gonsalves. It was part of our daily routine for VV and I to do a couple of rounds in his wheelchair before the morning breakfast. The three of us had assumed that the National Investigation Agency would want Stan’s custodial interrogation and hence it would not be until a couple of days before he would be sent to judicial custody i.e. Prison.
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Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

By Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders

On 11 June 2021, I wrote a letter jointly with two other UN experts on the alleged inhumane prison conditions and deteriorating condition of 15 human rights defenders, as well as Varavara Rao who was granted medical bail.
Of pressing concern was the inhumane prison conditions and deteriorating health of the human rights defenders. The death of Fr. Stan Swamy shortly after this communication was written demonstrate the severity of the conditions in which the human rights defenders are being held. It is haunting to now read how Fr. Swamy’s requests to be transferred to hospital to receive treatment were initially denied repeatedly.
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NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021

Sabrang India / by Sabrang India

Filing of draft charges against the accused indicates that the trial could begin anytime soon. However, the lawyers of some of the accused have asked the court to dispose the applications before it, prior to framing charges.
The National Investigation Agency (NIA) has filed draft charges before the Special NIA court in Mumbai, against the 15 accused in the Elgar Parishad/Bhima Koregaon case.
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NIA files draft charges against 15 accused in NIA Court

10/08/2021

Bar & Bench / by Neha Joshi

The lawyers appearing for the accused also prayed for deferring of hearing on framing of charges till the pending applications of the accused are disposed of, which the Court rejected.
The National Investigating agency (NIA) on Monday filed draft charges against 15 accused persons in the Bhima Koregaon case of 2018.
Framing of charges under Section 226 of the Code of Criminal Procedure is the stage where the prosecution describes the charges against the accused along with the evidence they have to prove the guilt of the accused.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

India Today / by Vidhya

The National Investigation Agency (NIA) has filed draft charges against 15 accused in the Elgar Parishad case.
Draft charges contain about 20 charges that have been slapped against the accused in the case. Section 226 of the Criminal Procedure Code (CrPC) obliges the prosecution to describe the charge brought against the accused and to state by what evidence the guilt of the accused would be proved.
In the coming days, the court will hear the accused or their lawyers, who will argue against each charge and then the judge will decide and frame the charges against each accused. The accused will be then asked if they plead guilty or not. If the accused do not plead guilty, then the trial against each accused will begin.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

The Indian Express / by Express News Service

The NIA has also proposed to charge the accused for criminal conspiracy, waging or attempting to wage a war or abetting a war against the Government of India, sedition, and promoting enmity under sections of the Indian Penal Code.
The National Investigation Agency (NIA) on Monday submitted draft charges against the 15 accused arrested in the Elgar Parishad case. The charges include sections of the Unlawful Activities (Prevention) Act pertaining to terrorist acts, unlawful activities, conspiracy, membership of banned organisation and raising funds for it.
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Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

06/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter to Wednesday after the State sought time.
The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale’s friend. Tribal rights activist Mahesh Raut has filed the second plea.
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Victimized For Demanding Their Rights as Prisoners: Kin of Bhima Koregaon Move Bombay High Court Against Prison Transfer Orders

03/08/2021

Live Law / by Sharmeen Hakim

The petition accuses Taloja’s previous Superintendent of initiating the transfers to cover up violations of the rights guaranteed under The Prisons Act, 1894
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar’s orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice.
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Kin of Surendra Galding, Anand Teltumbde, Sudhir Dhawale move Bombay HC challenging transfer from Taloja jail

03/08/2021

Bar & Benach / by Neha Joshi

Immediate family members of Dr. Anand Teltumbde, Surendra Gadling and Sudhir Dhawale, accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other “unspecified prison” in the State.
The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails and it was “an act of victimization for having demanded their rights as prisoners.
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Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

Court asks NIA to submit draft charges in Elgar Parishad case

29/07/2021

India Today / by Vidya

The National Investigation Agency probing the Elgar Parishad case has been asked by a special court in Mumbai to submit draft charges against the accused on August 9.
The draft charges will be filed by the central agency against all the accused in the case before Special Judge Dinesh E Kothalikar.
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Teltumbde, Navlakha, Gonsalves approach special court, seek bail

27/07/2021

The Indian Express / by Express News Service

Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves sent their applications from Taloja Central Jail where they are lodged and sought to be released temporarily citing their age and vulnerability to Covid-19.
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Anand Teltumbde, Gautam Navlakha, Vernon Gonsalves move NIA Court for temporary bail after HPC remommendation to decongest jails

27/07/2021

Bar & Bench / by Neha Joshi

Special Judge DE Kothalikar has now directed NIA to file their responses to these applications.
Bhima Koregaon accused Gautam Navlakha, Vernon Gonsalves and Dr. Anand Teltumbde have moved the Special Court, which hears cases under the National Investigation Agency (NIA) Act, for interim bail.
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