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  • HC quashes particular courtroom’s ‘cryptic’ order rejecting Navlakha’s bail plea; directs it to rehear it

    By PTI

    MUMBAI: The Bombay High Court on Thursday quashed a “cryptic” order of a particular courtroom rejecting bail to activist Gautam Navlakha, an accused within the Elgar Parishad-Maoist hyperlinks case, and directed the particular choose to rehear his bail plea.

    A division bench of Justices A S Gadkari and P D Naik famous that the particular courtroom’s order didn’t include an evaluation of the proof relied upon by the prosecution, because it directed the particular choose to conclude the contemporary listening to inside 4 weeks.

    The 70-year-old social activist had moved HC difficult the September 5, 2022 order below the National Investigation Agency (NIA) Act refusing him bail on deserves.

    The excessive courtroom briefly heard the arguments put forth by Navlakha’s counsel Yug Chaudhary this week however opined that the reasoning within the order of the particular courtroom was “cryptic” and mentioned it did not get the good thing about a reasoned order.

    ALSO READ | Elgar case: No declare of Navlakha committing any act of violence in chargesheet, lawyer tells HC

    “No reason of whatever nature is given. Trial court has not given reasoning as required under section 43D(5) of Unlawful Activities Prevention Act (UAPA) while rejecting bail,” the bench mentioned on Thursday.

    The HC mentioned the bail plea requires a contemporary listening to by the particular courtroom and despatched it again to the latter.

    “The special judge is requested to conclude within 4 weeks without being influenced from the September 5 order and this order of today. It is made clear that this court has not made any opinion on merits,” HC mentioned.

    Navlakha was arrested in August 2018 however was initially positioned below home arrest.

    He was later moved to the Taloja Central Prison close to Mumbai in April 2020 after a Supreme Court order.

    However, on November 10 final 12 months, the Supreme Court allowed his plea to be shifted again to accommodate arrest for a month.

    This was prolonged by one other month on December 13.

    He is presently residing in Navi Mumbai in Maharashtra’s Thane district.

    The NIA opposed Navlakha’s bail plea by claiming that he had been launched to a Pakistan Inter-Services Intelligence (ISI) General for his “recruitment.”

    This exhibits his “nexus” with the spy organisation, mentioned the federal company.

    The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017 which the police declare triggered violence the following day close to the Koregaon-Bhima warfare memorial on the outskirts of the western Maharashtra metropolis.

    MUMBAI: The Bombay High Court on Thursday quashed a “cryptic” order of a particular courtroom rejecting bail to activist Gautam Navlakha, an accused within the Elgar Parishad-Maoist hyperlinks case, and directed the particular choose to rehear his bail plea.

    A division bench of Justices A S Gadkari and P D Naik famous that the particular courtroom’s order didn’t include an evaluation of the proof relied upon by the prosecution, because it directed the particular choose to conclude the contemporary listening to inside 4 weeks.

    The 70-year-old social activist had moved HC difficult the September 5, 2022 order below the National Investigation Agency (NIA) Act refusing him bail on deserves.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    The excessive courtroom briefly heard the arguments put forth by Navlakha’s counsel Yug Chaudhary this week however opined that the reasoning within the order of the particular courtroom was “cryptic” and mentioned it did not get the good thing about a reasoned order.

    ALSO READ | Elgar case: No declare of Navlakha committing any act of violence in chargesheet, lawyer tells HC

    “No reason of whatever nature is given. Trial court has not given reasoning as required under section 43D(5) of Unlawful Activities Prevention Act (UAPA) while rejecting bail,” the bench mentioned on Thursday.

    The HC mentioned the bail plea requires a contemporary listening to by the particular courtroom and despatched it again to the latter.

    “The special judge is requested to conclude within 4 weeks without being influenced from the September 5 order and this order of today. It is made clear that this court has not made any opinion on merits,” HC mentioned.

    Navlakha was arrested in August 2018 however was initially positioned below home arrest.

    He was later moved to the Taloja Central Prison close to Mumbai in April 2020 after a Supreme Court order.

    However, on November 10 final 12 months, the Supreme Court allowed his plea to be shifted again to accommodate arrest for a month.

    This was prolonged by one other month on December 13.

    He is presently residing in Navi Mumbai in Maharashtra’s Thane district.

    The NIA opposed Navlakha’s bail plea by claiming that he had been launched to a Pakistan Inter-Services Intelligence (ISI) General for his “recruitment.”

    This exhibits his “nexus” with the spy organisation, mentioned the federal company.

    The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017 which the police declare triggered violence the following day close to the Koregaon-Bhima warfare memorial on the outskirts of the western Maharashtra metropolis.

  • Elgar case: No declare of Navlakha committing any act of violence in chargesheet, lawyer tells HC

    By PTI

    MUMBAI: There is not any allegation towards Gautam Navlakha of committing any “act of violence” within the voluminous chargesheet filed within the Elgar Parishad-Maoist hyperlinks case, the activist’s lawyer instructed the Bombay High Court on Monday.

    While arguing for the activist’s bail, the lawyer additionally stated that there was no prospect of the trial within the case to begin within the close to future.

    A division bench of Justices A S Gadkari and P D Naik is listening to the arguments on the bail plea, and the identical will proceed on Tuesday.

    Navlakha was arrested in April 2020 after he surrendered earlier than the National Investigation Agency (NIA), and is presently beneath home arrest pursuant to the Supreme Court’s order.

    Appearing for Navlakha, advocate Yug Chaudhary stated there was not a single allegation of the activist committing any act of violence, affiliation of violence, abetment of violence, or being a part of conspiracy to commit violence within the chargesheet filed by the probe company.

    Hence, no offence beneath chapter IV (punishment for terrorist actions) of the Unlawful Activities (Prevention) Act (UAPA), is made out, he argued.

    “The basic ingredient of chapter IV is commission of a terror act, abetment, association or conspiracy. There is nothing against me (accused),” the lawyer submitted.

    “There was no description of terrorist acts in the chargesheet. No seizure of bombs, arms. There has to be something. It cannot be an imagination,” he stated.

    Chaudhary, additional, claimed that if in any respect any allegation is made out, it’s for offences carrying 5 to 10 years of imprisonment.

    He additionally identified the delay in graduation of trial whereas arguing for Navlakhha’s bail.

    The discharge utility was argued months in the past, however the prosecution is but to file its reply.

    Numerous discharge functions (of different accused) are pending and prices haven’t been framed but, the lawyer submitted.

    Hence, there is no such thing as a prospect of the trial to start quickly.

    Even if the trial begins, it can go on for many years, he added.

    Chaudhary additional knowledgeable the court docket that until immediately, they have not obtained the clone copies of the paperwork seized from the pc of the accused.

    The Elgar case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon-Bhima conflict memorial in Pune district.

    The police had additionally claimed that the conclave was backed by Maoists.

    Later the probe within the case, the place greater than a dozen activists and academicians have been named as accused, was transferred to the NIA.

    MUMBAI: There is not any allegation towards Gautam Navlakha of committing any “act of violence” within the voluminous chargesheet filed within the Elgar Parishad-Maoist hyperlinks case, the activist’s lawyer instructed the Bombay High Court on Monday.

    While arguing for the activist’s bail, the lawyer additionally stated that there was no prospect of the trial within the case to begin within the close to future.

    A division bench of Justices A S Gadkari and P D Naik is listening to the arguments on the bail plea, and the identical will proceed on Tuesday.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );

    Navlakha was arrested in April 2020 after he surrendered earlier than the National Investigation Agency (NIA), and is presently beneath home arrest pursuant to the Supreme Court’s order.

    Appearing for Navlakha, advocate Yug Chaudhary stated there was not a single allegation of the activist committing any act of violence, affiliation of violence, abetment of violence, or being a part of conspiracy to commit violence within the chargesheet filed by the probe company.

    Hence, no offence beneath chapter IV (punishment for terrorist actions) of the Unlawful Activities (Prevention) Act (UAPA), is made out, he argued.

    “The basic ingredient of chapter IV is commission of a terror act, abetment, association or conspiracy. There is nothing against me (accused),” the lawyer submitted.

    “There was no description of terrorist acts in the chargesheet. No seizure of bombs, arms. There has to be something. It cannot be an imagination,” he stated.

    Chaudhary, additional, claimed that if in any respect any allegation is made out, it’s for offences carrying 5 to 10 years of imprisonment.

    He additionally identified the delay in graduation of trial whereas arguing for Navlakhha’s bail.

    The discharge utility was argued months in the past, however the prosecution is but to file its reply.

    Numerous discharge functions (of different accused) are pending and prices haven’t been framed but, the lawyer submitted.

    Hence, there is no such thing as a prospect of the trial to start quickly.

    Even if the trial begins, it can go on for many years, he added.

    Chaudhary additional knowledgeable the court docket that until immediately, they have not obtained the clone copies of the paperwork seized from the pc of the accused.

    The Elgar case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon-Bhima conflict memorial in Pune district.

    The police had additionally claimed that the conclave was backed by Maoists.

    Later the probe within the case, the place greater than a dozen activists and academicians have been named as accused, was transferred to the NIA.

  • Bhima Koregaon case accused Surendra Gadling seeks bail from Bombay HC

    By PTI

    MUMBAI: Advocate Surendra Gadling, an accused within the Elgar Parishad-Maoist hyperlinks case, has moved the Bombay High Court looking for `default’ bail or bail on technical grounds.

    A division bench of Justices A S Gadkari and P D Naik on Wednesday requested the National Investigation Agency (NIA) to file its response to Gadling’s plea.

    He moved the excessive court docket via advocate Yashodeep Deshmukh after the particular NIA court docket rejected his bail utility in June 2022.

    He had initially filed an utility for default bail in 2018 within the Pune classes court docket when the case was being probed by Pune Police.

    The 90-day extension granted by the classes court docket to the police for submitting cost sheet was ‘unlawful’, and therefore the accused had been entitled for bail below the Code of Criminal Procedure, the applying mentioned.

    In his petition earlier than the HC, Gadling claimed that the particular court docket didn’t think about the truth that the Pune court docket had “no jurisdiction to extend the time for completion of investigation.”

    OPINION | Life and liberty within the Bhima Koregaon case

    The NIA court docket additionally did not consider the results of the HC judgment which granted bail to co-accused Sudha Bharadwaj even when the information had been related, it mentioned.

    A complete of 16 individuals had been arrested within the case together with Jesuit priest Stan Swamy who died at a non-public hospital whereas in judicial custody.

    Activist Gautam Navlakha was the primary one to be granted common bail.

    Telugu poet-activist Varavara Rao is out on medical bail.

    The case pertains to alleged inflammatory speeches delivered on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon-Bhima warfare memorial in Pune district.

    The Pune police additionally claimed that the conclave was backed by Maoists.

    The probe was later transferred to the NIA.

    MUMBAI: Advocate Surendra Gadling, an accused within the Elgar Parishad-Maoist hyperlinks case, has moved the Bombay High Court looking for `default’ bail or bail on technical grounds.

    A division bench of Justices A S Gadkari and P D Naik on Wednesday requested the National Investigation Agency (NIA) to file its response to Gadling’s plea.

    He moved the excessive court docket via advocate Yashodeep Deshmukh after the particular NIA court docket rejected his bail utility in June 2022.

    He had initially filed an utility for default bail in 2018 within the Pune classes court docket when the case was being probed by Pune Police.

    The 90-day extension granted by the classes court docket to the police for submitting cost sheet was ‘unlawful’, and therefore the accused had been entitled for bail below the Code of Criminal Procedure, the applying mentioned.

    In his petition earlier than the HC, Gadling claimed that the particular court docket didn’t think about the truth that the Pune court docket had “no jurisdiction to extend the time for completion of investigation.”

    OPINION | Life and liberty within the Bhima Koregaon case

    The NIA court docket additionally did not consider the results of the HC judgment which granted bail to co-accused Sudha Bharadwaj even when the information had been related, it mentioned.

    A complete of 16 individuals had been arrested within the case together with Jesuit priest Stan Swamy who died at a non-public hospital whereas in judicial custody.

    Activist Gautam Navlakha was the primary one to be granted common bail.

    Telugu poet-activist Varavara Rao is out on medical bail.

    The case pertains to alleged inflammatory speeches delivered on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon-Bhima warfare memorial in Pune district.

    The Pune police additionally claimed that the conclave was backed by Maoists.

    The probe was later transferred to the NIA.

  • Bhima Koregaon case: HC grants four-day bail to Hany Babu for cataract surgical procedure, medical check-up

    By PTI

    MUMBAI: The Bombay High Court on Friday granted momentary bail of 4 days to former Delhi University professor Hany Babu, an accused within the Elgar Parishad-Maoist hyperlinks case, to bear cataract surgical procedure and a medical check-up at a city-based hospital.

    Babu, who has been lodged in Taloja jail in Navi Mumbai since nearly the final two years, had moved the excessive courtroom earlier this month in search of momentary bail on well being grounds.

    The activist, in his petition, had stated that he wanted bail for 3 months for present process a cataract surgical procedure and getting therapy for higher belly ache and osteoarthritis on the non-public Breach Candy Hospital right here.

    A division bench of Justices A S Gadkari and P D Naik, after listening to the arguments of each side, allowed Babu to bear therapy on the hospital in Mumbai for 4 days.

    The courtroom directed that Babu be taken to a hospital for the surgical procedure and well being check-up on December 20 and be introduced again to the jail on December 24, his lawyer Yug Chaudhry stated.

    The case pertains to alleged inflammatory speeches delivered on the Elgar Parishad conclave held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon Bhima conflict memorial.

    Pune Police, (who probed the case earlier than it was transferred to the National Investigation Agency) claimed that the conclave had been backed by Maoists.

    MUMBAI: The Bombay High Court on Friday granted momentary bail of 4 days to former Delhi University professor Hany Babu, an accused within the Elgar Parishad-Maoist hyperlinks case, to bear cataract surgical procedure and a medical check-up at a city-based hospital.

    Babu, who has been lodged in Taloja jail in Navi Mumbai since nearly the final two years, had moved the excessive courtroom earlier this month in search of momentary bail on well being grounds.

    The activist, in his petition, had stated that he wanted bail for 3 months for present process a cataract surgical procedure and getting therapy for higher belly ache and osteoarthritis on the non-public Breach Candy Hospital right here.

    A division bench of Justices A S Gadkari and P D Naik, after listening to the arguments of each side, allowed Babu to bear therapy on the hospital in Mumbai for 4 days.

    The courtroom directed that Babu be taken to a hospital for the surgical procedure and well being check-up on December 20 and be introduced again to the jail on December 24, his lawyer Yug Chaudhry stated.

    The case pertains to alleged inflammatory speeches delivered on the Elgar Parishad conclave held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the following day close to the Koregaon Bhima conflict memorial.

    Pune Police, (who probed the case earlier than it was transferred to the National Investigation Agency) claimed that the conclave had been backed by Maoists.

  • Bhima Koregaon case: Supreme Court extends home arrest of Gautam Navlakha

    By PTI

    NEW DELGI: The Supreme Court Tuesday prolonged until second week of January its interim order putting social activist Gautam Navlakha, accused of getting hyperlinks to Maoists and Pakistan’s spy company ISI, underneath home arrest.

    A bench of Justices Ok M Joseph and B V Nagarathna handed the order extending the social activist’s home arrest.

    The prime courtroom had on November 18 ordered that Navlakha be positioned underneath home arrest “without fail” inside 24 hours and ordered some further safety measures to be put in place on the constructing the place the activist might be saved underneath home arrest.

    Alleging that Navlakha’s medical report issued by the Jaslok hospital was “vitiated”, the National Investigation Agency had mentioned correct remedy was given to him each time required and his situation was manageable inside the premises of Taloja central jail.

    ALSO READ | Partner of Navlakha surrenders liquor, cigarettes after NIA raises objection to it

    On November 15, the highest courtroom had cleared the hurdle for the discharge of Navlakha from Taloja jail by waiving the requirement of a solvency certificates for availing the good thing about home arrest.

    Navlakha had appealed to the apex courtroom in opposition to the April 26 order of the Bombay High Court dismissing his plea for home arrest over apprehensions of lack of sufficient medical and different primary amenities in Taloja jail close to Mumbai, the place he’s lodged.

    The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017 which the police declare triggered violence the subsequent day close to the Koregaon-Bhima warfare memorial on the outskirts of the western Maharashtra metropolis.

    NEW DELGI: The Supreme Court Tuesday prolonged until second week of January its interim order putting social activist Gautam Navlakha, accused of getting hyperlinks to Maoists and Pakistan’s spy company ISI, underneath home arrest.

    A bench of Justices Ok M Joseph and B V Nagarathna handed the order extending the social activist’s home arrest.

    The prime courtroom had on November 18 ordered that Navlakha be positioned underneath home arrest “without fail” inside 24 hours and ordered some further safety measures to be put in place on the constructing the place the activist might be saved underneath home arrest.

    Alleging that Navlakha’s medical report issued by the Jaslok hospital was “vitiated”, the National Investigation Agency had mentioned correct remedy was given to him each time required and his situation was manageable inside the premises of Taloja central jail.

    ALSO READ | Partner of Navlakha surrenders liquor, cigarettes after NIA raises objection to it

    On November 15, the highest courtroom had cleared the hurdle for the discharge of Navlakha from Taloja jail by waiving the requirement of a solvency certificates for availing the good thing about home arrest.

    Navlakha had appealed to the apex courtroom in opposition to the April 26 order of the Bombay High Court dismissing his plea for home arrest over apprehensions of lack of sufficient medical and different primary amenities in Taloja jail close to Mumbai, the place he’s lodged.

    The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017 which the police declare triggered violence the subsequent day close to the Koregaon-Bhima warfare memorial on the outskirts of the western Maharashtra metropolis.

  • Elgar Parishad case: Anand Teltumbde launched from Navi Mumbai jail

    By PTI

    MUMBAI: Scholar-activist Anand Teltumbde, an accused within the Elgar Parishad-Maoist hyperlinks case, was on Saturday launched from the Taloja central jail in Navi Mumbai, a day after the Supreme Court rejected the National Investigation Agency’s (NIA) plea difficult the bail granted to him, an official mentioned.

    Teltumbde, 73, who spent two-and-a-half years behind bars within the case, walked out of the jail round 1.15 pm, he mentioned.

    “On Friday, the apex court had dismissed the NIA’s plea challenging the Bombay High Court’s order giving bail to Teltumbde. Accordingly, he was released after the completion of bail formalities,” he mentioned.

    On November 18, the excessive courtroom  granted bail to Teltumbde, who was arrested by the central company on April 14, 2020, after he surrendered earlier than the NIA, the official mentioned.

    Teltumbde is the third of the 16 accused arrested within the case to be launched on bail.

    Poet Varavara Rao is at the moment out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

    The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the subsequent day close to the Koregaon-Bhima struggle memorial on the outskirts of the western Maharashtra metropolis.

    Pune Police had additionally claimed that the conclave was organised by some individuals with alleged Maoist hyperlinks.

    A First Information Report was lodged by Pune Police on January 8, 2018, below the Indian Penal Code (IPC) and Unlawful Activities (Prevention) Act (UAPA). The NIA later took over the case.

    Teltumbde had claimed he was not current on the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.
    ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

    MUMBAI: Scholar-activist Anand Teltumbde, an accused within the Elgar Parishad-Maoist hyperlinks case, was on Saturday launched from the Taloja central jail in Navi Mumbai, a day after the Supreme Court rejected the National Investigation Agency’s (NIA) plea difficult the bail granted to him, an official mentioned.

    Teltumbde, 73, who spent two-and-a-half years behind bars within the case, walked out of the jail round 1.15 pm, he mentioned.

    “On Friday, the apex court had dismissed the NIA’s plea challenging the Bombay High Court’s order giving bail to Teltumbde. Accordingly, he was released after the completion of bail formalities,” he mentioned.

    On November 18, the excessive courtroom  granted bail to Teltumbde, who was arrested by the central company on April 14, 2020, after he surrendered earlier than the NIA, the official mentioned.

    Teltumbde is the third of the 16 accused arrested within the case to be launched on bail.

    Poet Varavara Rao is at the moment out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

    The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the subsequent day close to the Koregaon-Bhima struggle memorial on the outskirts of the western Maharashtra metropolis.

    Pune Police had additionally claimed that the conclave was organised by some individuals with alleged Maoist hyperlinks.

    A First Information Report was lodged by Pune Police on January 8, 2018, below the Indian Penal Code (IPC) and Unlawful Activities (Prevention) Act (UAPA). The NIA later took over the case.

    Teltumbde had claimed he was not current on the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

  • Elgar Parishad case: SC dismisses NIA’s plea difficult bail granted to Anand Teltumbde

    By PTI

    NEW DELHI: The Supreme Court on Friday dismissed NIA’s plea difficult the bail granted by the Bombay High Court to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.

    A bench of Chief Justice D Y Chandrachud and Justice Hima Kohli mentioned it is not going to intervene with the excessive courtroom order granting bail to Teltumbde.

    “We will not interfere,” the bench mentioned.

    “The petition is dismissed. However, the observations contained in the impugned judgement of the high court shall not be treated as conclusive final findings at the trial,” the apex courtroom famous.

    The excessive courtroom had on November 18 granted bail to Teltumbde noting prima facie the one case made out towards him pertains to alleged affiliation with a terror group and the assist given to it, for which the utmost punishment is 10 years in jail.

    It had additionally famous there was no proof to indicate he was an lively member of the banned CPI (Maoist) or had indulged in any terrorist act. The excessive courtroom had, nevertheless, stayed its bail order for every week so the National Investigation Agency may enchantment its order within the Supreme Court.

    Teltumbde, 73, is the third accused amongst 16 arrested within the case to be launched on bail.

    Poet Varavara Rao is at present out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

    On November 22, the highest courtroom had agreed to listen to on Friday the anti-terror company’s enchantment.

    It had then taken notice of the submissions by Solicitor General Tushar Mehta that the keep on the operation of the excessive courtroom’s bail order was for every week solely and the matter wanted an pressing listening to. While granting bail, the excessive courtroom mentioned Teltumbde had already spent greater than two years in jail.

    After perusing the paperwork submitted by the NIA, the excessive courtroom had mentioned prima facie it can’t be presumed that Teltumbde is actively concerned within the work of the CPI (Maoist) or is an lively member of the group.

    Teltumbde is lodged on the Taloja jail in Navi Mumbai since his arrest within the case in April 2020.

    His brother Milind, a member of the central committee of the CPI (Maoist), was killed in an encounter with safety forces in November 2021 in Maharashtra’s Gadchiroli.

    Anand Teltumbde had claimed he was not current at the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.

    The prosecution’s case was that provocative and inflammatory speeches had been made on the occasion, allegedly backed by the banned CPI (Maoist), which later led to violence at Koregaon Bhima village close to Pune.

    The accused within the case have been charged with offences referring to waging a battle towards the nation, being lively members of the CPI (Maoist), felony conspiracy and indulging in acts with an intent to strike terror within the minds of individuals utilizing explosive substances.

    The trial courtroom is but to border expenses within the case after which the trial will begin.
    ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

    NEW DELHI: The Supreme Court on Friday dismissed NIA’s plea difficult the bail granted by the Bombay High Court to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.

    A bench of Chief Justice D Y Chandrachud and Justice Hima Kohli mentioned it is not going to intervene with the excessive courtroom order granting bail to Teltumbde.

    “We will not interfere,” the bench mentioned.

    “The petition is dismissed. However, the observations contained in the impugned judgement of the high court shall not be treated as conclusive final findings at the trial,” the apex courtroom famous.

    The excessive courtroom had on November 18 granted bail to Teltumbde noting prima facie the one case made out towards him pertains to alleged affiliation with a terror group and the assist given to it, for which the utmost punishment is 10 years in jail.

    It had additionally famous there was no proof to indicate he was an lively member of the banned CPI (Maoist) or had indulged in any terrorist act. The excessive courtroom had, nevertheless, stayed its bail order for every week so the National Investigation Agency may enchantment its order within the Supreme Court.

    Teltumbde, 73, is the third accused amongst 16 arrested within the case to be launched on bail.

    Poet Varavara Rao is at present out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

    On November 22, the highest courtroom had agreed to listen to on Friday the anti-terror company’s enchantment.

    It had then taken notice of the submissions by Solicitor General Tushar Mehta that the keep on the operation of the excessive courtroom’s bail order was for every week solely and the matter wanted an pressing listening to. While granting bail, the excessive courtroom mentioned Teltumbde had already spent greater than two years in jail.

    After perusing the paperwork submitted by the NIA, the excessive courtroom had mentioned prima facie it can’t be presumed that Teltumbde is actively concerned within the work of the CPI (Maoist) or is an lively member of the group.

    Teltumbde is lodged on the Taloja jail in Navi Mumbai since his arrest within the case in April 2020.

    His brother Milind, a member of the central committee of the CPI (Maoist), was killed in an encounter with safety forces in November 2021 in Maharashtra’s Gadchiroli.

    Anand Teltumbde had claimed he was not current at the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.

    The prosecution’s case was that provocative and inflammatory speeches had been made on the occasion, allegedly backed by the banned CPI (Maoist), which later led to violence at Koregaon Bhima village close to Pune.

    The accused within the case have been charged with offences referring to waging a battle towards the nation, being lively members of the CPI (Maoist), felony conspiracy and indulging in acts with an intent to strike terror within the minds of individuals utilizing explosive substances.

    The trial courtroom is but to border expenses within the case after which the trial will begin.ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

  • Elgar Parishad case: SC upholds Bombay HC order granting bail to Anand Teltumbde

    Express News Service

    NEW DELHI: The Supreme Court on Friday paved the way in which for the discharge of 2018 Bhima Koregaon accused Anand Teltumbde by upholding Bombay High Court order granting him bail. 

    A bench of Chief Justice DY Chandrachud and Justice Hima Kohli mentioned it won’t intrude with the excessive court docket order granting bail to Teltumbde.

    “We will not interfere,” the bench mentioned.

    “The SLP (Special Leave Petition) is dismissed. Observations made in the HC order shall not be treated as conclusive findings at the trial,” the bench mentioned in its order. 

    The bench whereas dismissing NIAs enchantment towards HCs November 18 ruling clarified that the trial within the case towards Teltumbde would go on with out being influenced by HC observations within the bail order. 

    The excessive court docket had on November 18 granted bail to Teltumbde noting prima facie the one case made out towards him pertains to alleged affiliation with a terror group and the assist given to it, for which the utmost punishment is 10 years in jail.

    It had additionally famous there was no proof to indicate he was an energetic member of the banned CPI (Maoist) or had indulged in any terrorist act. The excessive court docket had, nevertheless, stayed its bail order for every week so the National Investigation Agency may enchantment its order within the Supreme Court.

    Teltumbde, 73, is the third accused amongst 16 arrested within the case to be launched on bail. Teltumbde has been lodged in Taloja Central Prison since 2020 for his alleged function in Elgar Parishad programme which was held in Shaniwarwada in Pune in December 31, 2017. Violence had erupted in Bhima Koregaon on January 1, 2018 pursuant to the Parishad occasion the place audio system, singers and different performers had allegedly made provocative speeches. 

    Poet Varavara Rao is presently out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

    On November 22, the highest court docket had agreed to listen to on Friday the anti-terror company’s enchantment.

    In an try and persuade the bench, ASG Aishwarya Bhati argued that Teltumbde was “actively” concerned in propagating the ideology of CPI(M), which is a proscribed organisation. “Look at larger canvas at which CPI(M) works. If it’s a proscribed terrorist organisation then even assistance or affiliation is also an offence, but he’s actively involved in propagation of ideology, organising, fund transfer etc,” she added.

    Defending HCs order granting bail, Senior Advocate Kapil Sibal for Mr Teltumbde argued that the HC whereas discussing letters opined that there was no prima facie proof to hyperlink him with Maoist exercise.

    “All documents indicated & shown aren’t recovered from me & weren’t even emailed. These are fact finding & academic… This is written by someone else & not me. Threshold under the UAPA act is very high. He wrote about impact of neo liberal globalization on dalits. This is the issue, wherever there is a dalit issue he is there. In process there is some organisation which is closely related to some other org & if I’m an academic & I give speech then that doesn’t make me a terrorist,” Sibal added. It was additionally his competition that the Dalit rights activist didn’t even attend the Parishad occasion. 

    “I’m estranged from my brother & I haven’t met him for 30 years. Their best case is if someone refers to Anand Teltumbde as dear comrade then he becomes an active member of the CPI (Maoist). HC has dealt with it & they asked HC to deal with it. HC has applied its mind & HC says there is no violation of sections of act,” Sibal had additional added. 

    Teltumbde’s brother Milind, a member of the central committee of the CPI (Maoist), was killed in an encounter with safety forces in November 2021 in Maharashtra’s Gadchiroli.

    Anand Teltumbde had claimed he was not current at the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.

    The prosecution’s case was that provocative and inflammatory speeches have been made on the occasion, allegedly backed by the banned CPI (Maoist), which later led to violence at Koregaon Bhima village close to Pune.

    The accused within the case have been charged with offences regarding waging a struggle towards the nation, being energetic members of the CPI (Maoist), legal conspiracy and indulging in acts with an intent to strike terror within the minds of individuals utilizing explosive substances.

    The trial court docket is but to border costs within the case after which the trial will begin.
    ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

    (With inputs from PTI)

    NEW DELHI: The Supreme Court on Friday paved the way in which for the discharge of 2018 Bhima Koregaon accused Anand Teltumbde by upholding Bombay High Court order granting him bail. 

    A bench of Chief Justice DY Chandrachud and Justice Hima Kohli mentioned it won’t intrude with the excessive court docket order granting bail to Teltumbde.

    “We will not interfere,” the bench mentioned.

    “The SLP (Special Leave Petition) is dismissed. Observations made in the HC order shall not be treated as conclusive findings at the trial,” the bench mentioned in its order. 

    The bench whereas dismissing NIAs enchantment towards HCs November 18 ruling clarified that the trial within the case towards Teltumbde would go on with out being influenced by HC observations within the bail order. 

    The excessive court docket had on November 18 granted bail to Teltumbde noting prima facie the one case made out towards him pertains to alleged affiliation with a terror group and the assist given to it, for which the utmost punishment is 10 years in jail.

    It had additionally famous there was no proof to indicate he was an energetic member of the banned CPI (Maoist) or had indulged in any terrorist act. The excessive court docket had, nevertheless, stayed its bail order for every week so the National Investigation Agency may enchantment its order within the Supreme Court.

    Teltumbde, 73, is the third accused amongst 16 arrested within the case to be launched on bail. Teltumbde has been lodged in Taloja Central Prison since 2020 for his alleged function in Elgar Parishad programme which was held in Shaniwarwada in Pune in December 31, 2017. Violence had erupted in Bhima Koregaon on January 1, 2018 pursuant to the Parishad occasion the place audio system, singers and different performers had allegedly made provocative speeches. 

    Poet Varavara Rao is presently out on bail on well being grounds, whereas lawyer Sudha Bharadwaj secured common bail.

    On November 22, the highest court docket had agreed to listen to on Friday the anti-terror company’s enchantment.

    In an try and persuade the bench, ASG Aishwarya Bhati argued that Teltumbde was “actively” concerned in propagating the ideology of CPI(M), which is a proscribed organisation. “Look at larger canvas at which CPI(M) works. If it’s a proscribed terrorist organisation then even assistance or affiliation is also an offence, but he’s actively involved in propagation of ideology, organising, fund transfer etc,” she added.

    Defending HCs order granting bail, Senior Advocate Kapil Sibal for Mr Teltumbde argued that the HC whereas discussing letters opined that there was no prima facie proof to hyperlink him with Maoist exercise.

    “All documents indicated & shown aren’t recovered from me & weren’t even emailed. These are fact finding & academic… This is written by someone else & not me. Threshold under the UAPA act is very high. He wrote about impact of neo liberal globalization on dalits. This is the issue, wherever there is a dalit issue he is there. In process there is some organisation which is closely related to some other org & if I’m an academic & I give speech then that doesn’t make me a terrorist,” Sibal added. It was additionally his competition that the Dalit rights activist didn’t even attend the Parishad occasion. 

    “I’m estranged from my brother & I haven’t met him for 30 years. Their best case is if someone refers to Anand Teltumbde as dear comrade then he becomes an active member of the CPI (Maoist). HC has dealt with it & they asked HC to deal with it. HC has applied its mind & HC says there is no violation of sections of act,” Sibal had additional added. 

    Teltumbde’s brother Milind, a member of the central committee of the CPI (Maoist), was killed in an encounter with safety forces in November 2021 in Maharashtra’s Gadchiroli.

    Anand Teltumbde had claimed he was not current at the December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor made any provocative speeches.

    The prosecution’s case was that provocative and inflammatory speeches have been made on the occasion, allegedly backed by the banned CPI (Maoist), which later led to violence at Koregaon Bhima village close to Pune.

    The accused within the case have been charged with offences regarding waging a struggle towards the nation, being energetic members of the CPI (Maoist), legal conspiracy and indulging in acts with an intent to strike terror within the minds of individuals utilizing explosive substances.

    The trial court docket is but to border costs within the case after which the trial will begin.ALSO READ | UAPA being misused to terrorise folks into silence: Anand Teltumbde

    (With inputs from PTI)

  • Elgar Parishad case: NIA strikes SC in opposition to bail granted to Anand Teltumbde

    By PTI

    NEW DELHI: The National Investigation Agency (NIA) Tuesday moved the Supreme Court in opposition to the bail granted to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.

    The Bombay High Court on November 18 granted bail to Teltumbde noting that prima facie the one case made out in opposition to him pertains to alleged affiliation with a terror group and help given to it, for which the utmost punishment is 10 years in jail.

    Teltumbde, 73, is the third accused of the entire 16 arrested within the case to be launched on bail.

    Poet Varavara Rao is at present out on bail on well being grounds, and lawyer Sudha Bharadwaj is out on common bail.

    Alleging that the excessive courtroom has carried out a roving inquiry and a mini-trial, the NIA in its plea earlier than the highest courtroom stated the excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial.

    “The observations of the high court that no prima facie case is made out against the respondent herein is contrary to the observations made by this court in the case of the very same respondent seeking pre-arrest bail… The said order also fails to take into account the cumulative effect of all the earlier proceedings moved by the present respondent in the instant case where all reliefs have been denied by each forum so approached holding that there is a prima facie case as against the respondent herein,” the plea stated.

    The plea contended that the excessive courtroom has carried out a roving inquiry and a mini-trial by intricately analyzing the proof on document which is opposite to the legislation laid down by this courtroom.

    “The excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial erring to note that legal guidelines coping with nationwide safety and nationwide integrity must be interpreted and utilized with a strict yardstick as in comparison with different legal guidelines.

    “That the high court went into so much analysis in detail in order to grant bail to the respondent herein and thus held that no prima facie case is made out,” the NIA stated.

    The plea contended that Teltumbde is a senior and energetic member of CPI (Maoist) working in city areas.

    “The respondent herein was instrumental in organising fact-finding missions on the directions of CPI(M) which had allocated Rs 10,00,000 for the purpose of his international campaign and visits in furtherance of CPI(M) agenda and is the brother of Milind Teltumbde who was eliminated in an encounter with the security forces who was deeply inspired by the respondent herein,” the plea stated.

    Teltumbde has been lodged on the Taloja jail in Navi Mumbai since his arrest within the case in April 2020.

    The activist had moved the excessive courtroom final yr after a particular courtroom refused to grant him bail.

    He had claimed that he was neither current at December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor had made any provocative speech.

    The NIA’s declare is that Teltumbde was one of many essential conveners of the Elgar Parishad and he was an energetic member of a number of frontal organisations of the CPI (Maoist).

    NEW DELHI: The National Investigation Agency (NIA) Tuesday moved the Supreme Court in opposition to the bail granted to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.

    The Bombay High Court on November 18 granted bail to Teltumbde noting that prima facie the one case made out in opposition to him pertains to alleged affiliation with a terror group and help given to it, for which the utmost punishment is 10 years in jail.

    Teltumbde, 73, is the third accused of the entire 16 arrested within the case to be launched on bail.

    Poet Varavara Rao is at present out on bail on well being grounds, and lawyer Sudha Bharadwaj is out on common bail.

    Alleging that the excessive courtroom has carried out a roving inquiry and a mini-trial, the NIA in its plea earlier than the highest courtroom stated the excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial.

    “The observations of the high court that no prima facie case is made out against the respondent herein is contrary to the observations made by this court in the case of the very same respondent seeking pre-arrest bail… The said order also fails to take into account the cumulative effect of all the earlier proceedings moved by the present respondent in the instant case where all reliefs have been denied by each forum so approached holding that there is a prima facie case as against the respondent herein,” the plea stated.

    The plea contended that the excessive courtroom has carried out a roving inquiry and a mini-trial by intricately analyzing the proof on document which is opposite to the legislation laid down by this courtroom.

    “The excessive courtroom perused the costs within the cost sheet in isolation and made observations that might affect the trial erring to note that legal guidelines coping with nationwide safety and nationwide integrity must be interpreted and utilized with a strict yardstick as in comparison with different legal guidelines.

    “That the high court went into so much analysis in detail in order to grant bail to the respondent herein and thus held that no prima facie case is made out,” the NIA stated.

    The plea contended that Teltumbde is a senior and energetic member of CPI (Maoist) working in city areas.

    “The respondent herein was instrumental in organising fact-finding missions on the directions of CPI(M) which had allocated Rs 10,00,000 for the purpose of his international campaign and visits in furtherance of CPI(M) agenda and is the brother of Milind Teltumbde who was eliminated in an encounter with the security forces who was deeply inspired by the respondent herein,” the plea stated.

    Teltumbde has been lodged on the Taloja jail in Navi Mumbai since his arrest within the case in April 2020.

    The activist had moved the excessive courtroom final yr after a particular courtroom refused to grant him bail.

    He had claimed that he was neither current at December 31, 2017, Elgar Parishad occasion held in Pune metropolis, nor had made any provocative speech.

    The NIA’s declare is that Teltumbde was one of many essential conveners of the Elgar Parishad and he was an energetic member of a number of frontal organisations of the CPI (Maoist).

  • Gautam Navlakha launched from jail, taken to Navi Mumbai premises for home arrest

    By PTI

    MUMBAI: Gautam Navlakha, an accused within the Elgar Parishad-Maoist hyperlinks case, was launched from Taloja jail in Navi Mumbai on Saturday night and can stay underneath home arrest for a month.

    He was instantly taken to a constructing in Navi Mumbai’s Belapur-Agroli space by a police staff the place he could be staying.

    Navlakha left the jail round 6 pm, mentioned a senior jail official.

    On Friday afternoon, the Supreme Court had rejected the NIA’s software opposing his home arrest.

    It had ordered that Navlakha be positioned underneath home arrest “without fail” inside 24 hours.
    ALSO READ | Bhima Koregaon case: Bombay HC grants bail to activist Anand Teltumbde

    MUMBAI: Gautam Navlakha, an accused within the Elgar Parishad-Maoist hyperlinks case, was launched from Taloja jail in Navi Mumbai on Saturday night and can stay underneath home arrest for a month.

    He was instantly taken to a constructing in Navi Mumbai’s Belapur-Agroli space by a police staff the place he could be staying.

    Navlakha left the jail round 6 pm, mentioned a senior jail official.

    On Friday afternoon, the Supreme Court had rejected the NIA’s software opposing his home arrest.

    It had ordered that Navlakha be positioned underneath home arrest “without fail” inside 24 hours.ALSO READ | Bhima Koregaon case: Bombay HC grants bail to activist Anand Teltumbde