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Tag: Varavara Rao

  • Treatment, straw, books… issues Bhima Koregaon accused have requested courts for

    By PTI

    MUMBAI: The Supreme Court order allowing jailed activist Gautam Navlakha to be stored beneath home arrest for a month has dropped at the fore a number of purposes filed by the accused within the Elgar Parishad-Maoist hyperlinks case lamenting lack of services in jail and denial of entry to the identical.

    Besides searching for medical remedy, the accused within the case have repeatedly approached courts for permission to get books, chairs, consuming straws, spectacles and mosquito nets contained in the jail have requested courts for.

    In November 2020, accused Stan Swamy had filed an utility earlier than a particular court docket right here searching for straw and sipper on the Taloja jail in Navi Mumbai the place he’s lodged.

    In his plea, Swamy had mentioned the National Investigation Agency (NIA) seized it from him and he was unable to raise a glass as a result of Parkinson’s illness.

    The NIA, in its reply, nonetheless, mentioned it had not seized any straw and sipper glass from Swamy.

    Later, jail authorities supplied him with a straw and sipper.

    Swamy died in July 2021 at a non-public hospital right here whereas he was in judicial custody.

    In December 2020, Navlakha’s accomplice Sahba Husain mentioned the previous’s spectacles have been stolen in jail and when his household despatched him a brand new pair, the jail authorities refused to simply accept them.

    The excessive court docket had later criticised the jail authorities and mentioned all these are human issues.

    The jail authorities later accepted the pair of spectacles despatched by Navlakha’s household.

    READ HERE | Relief for Bhima Koregaon accused Gautam Navlakha as SC paves approach for home arrest

    In 2020, lawyer-activist Sudha Bharadwaj had filed an utility earlier than the particular court docket claiming she was not being allowed entry to books.

    She mentioned when books have been despatched for her, the Superintendent at Mumbai’s Byculla Jail, the place she was lodged, had refused to obtain them for her.

    The particular court docket had allowed her plea to have entry to 5 books per 30 days from exterior jail, whereas directing the jail superintendent to “carefully examine” the books to make sure they didn’t comprise any “objectionable material”.

    The court docket had additionally mentioned past the prescribed parameters to deem a e book’s content material “objectionable”, together with whether or not it’s vulgar, obscene or preaches violence, a superintendent didn’t have powers to withhold a e book from a detainee.

    In April this 12 months, Navlakha’s lawyer Yug Chaudhary had knowledgeable the Bombay High Court that jail authorities had refused handy over a e book by English writer P G Wodehouse.

    During the arguments within the excessive court docket on Navlakha’s plea searching for to be stored beneath home arrest, Chaudhary had mentioned the situation of the jail was very poor.

    The HC had then mentioned the jail authorities’ motion refusing Wodehouse’s e book was comical.

    Navlakha and co-accused Sagar Gorkhe had filed purposes within the particular court docket searching for permission to have mosquito nets contained in the jail.

    This was opposed by Taloja jail authorities citing safety considerations.

    ALSO READ | Bhima Koregaon case: Pune cop planted proof in gadgets of jailed activists, says report

    The court docket didn’t enable the pleas of Navlakha and Gorkhe, however directed the jail superintendent to take “all necessary precautions against mosquitoes, conduct fumigation, allow inmates to use repellents, ointments and incense sticks”.

    Navlakha had additionally filed one other utility within the particular court docket searching for permission to make cellphone/video calls to his kin.

    The jail authorities had contended that the ability began in the course of the COVID-19 pandemic, however couldn’t be permitted to undertrials regularly.

    The court docket rejected Navlakha’s plea, following which he filed an attraction within the excessive court docket.

    Surendra Gadling, one other accused within the case, had filed an utility searching for a chair and desk citing medical illnesses, claiming he was unable to squat on the ground for lengthy with out growing ache in his again and neck.

    ALSO READ | SC grants bail to Bhima Koregaon case accused Varavara Rao on medical grounds

    Gadling had mentioned he wanted the desk and chair as he needed to examine lots since he was representing himself within the case.

    Prison authorities had opposed this plea as properly citing safety dangers.

    The court docket agreed with Gadling’s competition, observing that the allegations he has to defend himself towards are critical and there are a lot of paperwork he wants to review for hours collectively.

    Gadling was allowed a chair and desk at his price.

    Gadling had additionally sought permission to have his personal shaving equipment, which was opposed by the jail authorities.

    The court docket agreed with the jail authorities that it will pose hazard and rejected the appliance.

    MUMBAI: The Supreme Court order allowing jailed activist Gautam Navlakha to be stored beneath home arrest for a month has dropped at the fore a number of purposes filed by the accused within the Elgar Parishad-Maoist hyperlinks case lamenting lack of services in jail and denial of entry to the identical.

    Besides searching for medical remedy, the accused within the case have repeatedly approached courts for permission to get books, chairs, consuming straws, spectacles and mosquito nets contained in the jail have requested courts for.

    In November 2020, accused Stan Swamy had filed an utility earlier than a particular court docket right here searching for straw and sipper on the Taloja jail in Navi Mumbai the place he’s lodged.

    In his plea, Swamy had mentioned the National Investigation Agency (NIA) seized it from him and he was unable to raise a glass as a result of Parkinson’s illness.

    The NIA, in its reply, nonetheless, mentioned it had not seized any straw and sipper glass from Swamy.

    Later, jail authorities supplied him with a straw and sipper.

    Swamy died in July 2021 at a non-public hospital right here whereas he was in judicial custody.

    In December 2020, Navlakha’s accomplice Sahba Husain mentioned the previous’s spectacles have been stolen in jail and when his household despatched him a brand new pair, the jail authorities refused to simply accept them.

    The excessive court docket had later criticised the jail authorities and mentioned all these are human issues.

    The jail authorities later accepted the pair of spectacles despatched by Navlakha’s household.

    READ HERE | Relief for Bhima Koregaon accused Gautam Navlakha as SC paves approach for home arrest

    In 2020, lawyer-activist Sudha Bharadwaj had filed an utility earlier than the particular court docket claiming she was not being allowed entry to books.

    She mentioned when books have been despatched for her, the Superintendent at Mumbai’s Byculla Jail, the place she was lodged, had refused to obtain them for her.

    The particular court docket had allowed her plea to have entry to 5 books per 30 days from exterior jail, whereas directing the jail superintendent to “carefully examine” the books to make sure they didn’t comprise any “objectionable material”.

    The court docket had additionally mentioned past the prescribed parameters to deem a e book’s content material “objectionable”, together with whether or not it’s vulgar, obscene or preaches violence, a superintendent didn’t have powers to withhold a e book from a detainee.

    In April this 12 months, Navlakha’s lawyer Yug Chaudhary had knowledgeable the Bombay High Court that jail authorities had refused handy over a e book by English writer P G Wodehouse.

    During the arguments within the excessive court docket on Navlakha’s plea searching for to be stored beneath home arrest, Chaudhary had mentioned the situation of the jail was very poor.

    The HC had then mentioned the jail authorities’ motion refusing Wodehouse’s e book was comical.

    Navlakha and co-accused Sagar Gorkhe had filed purposes within the particular court docket searching for permission to have mosquito nets contained in the jail.

    This was opposed by Taloja jail authorities citing safety considerations.

    ALSO READ | Bhima Koregaon case: Pune cop planted proof in gadgets of jailed activists, says report

    The court docket didn’t enable the pleas of Navlakha and Gorkhe, however directed the jail superintendent to take “all necessary precautions against mosquitoes, conduct fumigation, allow inmates to use repellents, ointments and incense sticks”.

    Navlakha had additionally filed one other utility within the particular court docket searching for permission to make cellphone/video calls to his kin.

    The jail authorities had contended that the ability began in the course of the COVID-19 pandemic, however couldn’t be permitted to undertrials regularly.

    The court docket rejected Navlakha’s plea, following which he filed an attraction within the excessive court docket.

    Surendra Gadling, one other accused within the case, had filed an utility searching for a chair and desk citing medical illnesses, claiming he was unable to squat on the ground for lengthy with out growing ache in his again and neck.

    ALSO READ | SC grants bail to Bhima Koregaon case accused Varavara Rao on medical grounds

    Gadling had mentioned he wanted the desk and chair as he needed to examine lots since he was representing himself within the case.

    Prison authorities had opposed this plea as properly citing safety dangers.

    The court docket agreed with Gadling’s competition, observing that the allegations he has to defend himself towards are critical and there are a lot of paperwork he wants to review for hours collectively.

    Gadling was allowed a chair and desk at his price.

    Gadling had additionally sought permission to have his personal shaving equipment, which was opposed by the jail authorities.

    The court docket agreed with the jail authorities that it will pose hazard and rejected the appliance.

  • SC permits Vararara Rao to strategy trial courtroom searching for to journey for cataract surgical procedure

    By PTI

    NEW DELHI: The Supreme Court Wednesday allowed 82-year-old poet and activist P Varavara Rao, an accused within the Bhima Koregaon case, to strategy the trial courtroom together with his plea to journey to Hyderabad for cataract surgical procedure.

    A 3-judge bench of Justices U U Lalit, S R Bhat, and Sudhanshu Dhulia famous that as per its August 10 order, it was directed that Rao shall not depart the world of Greater Mumbai with out specific permission from the trial courtroom.

    Senior advocate Anand Grover, showing for Rao, submitted that the petitioner is 82 years of age and has been suggested of cataract surgical procedure.

    He submitted that Rao hails from Telangana and was a resident of Hyderabad.

    Grover mentioned that as a result of Rao has his roots in Hyderabad, he wish to get operated there.

    Additional Solicitor General S V Raju, showing for the NIA, opposed his plea and mentioned earlier when three months got, he didn’t go for the surgical procedure.

    The apex courtroom in its order mentioned, “However, considering the limitations put by this Court, the Petitioner was to stay within the limits of Greater Mumbai.”

    “Instead of this court considering the request, we give the petitioner the liberty to make a representation before the concerned trial court within two weeks with an advance copy to the public prosecutor,” the bench mentioned.

    The apex courtroom mentioned that the involved courtroom shall think about the plea inside three weeks on receipt of such software.

    The high courtroom on August 10 granted bail to Rao, an accused within the Bhima Koregaon case, on medical grounds.

    The National Investigation Agency (NIA) vehemently opposed Rao’s plea within the apex courtroom claiming that he’s concerned in “serious anti-national activities”.

    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 following day close to the Koregaon-Bhima conflict memorial on the outskirts of the western Maharashtra metropolis.

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

    The NIA later took over the probe within the matter.

    Rao was arrested on August 28, 2018, from his Hyderabad residence and is accused within the case for which an FIR was lodged by the Pune Police on January 8, 2018, underneath numerous sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

    NEW DELHI: The Supreme Court Wednesday allowed 82-year-old poet and activist P Varavara Rao, an accused within the Bhima Koregaon case, to strategy the trial courtroom together with his plea to journey to Hyderabad for cataract surgical procedure.

    A 3-judge bench of Justices U U Lalit, S R Bhat, and Sudhanshu Dhulia famous that as per its August 10 order, it was directed that Rao shall not depart the world of Greater Mumbai with out specific permission from the trial courtroom.

    Senior advocate Anand Grover, showing for Rao, submitted that the petitioner is 82 years of age and has been suggested of cataract surgical procedure.

    He submitted that Rao hails from Telangana and was a resident of Hyderabad.

    Grover mentioned that as a result of Rao has his roots in Hyderabad, he wish to get operated there.

    Additional Solicitor General S V Raju, showing for the NIA, opposed his plea and mentioned earlier when three months got, he didn’t go for the surgical procedure.

    The apex courtroom in its order mentioned, “However, considering the limitations put by this Court, the Petitioner was to stay within the limits of Greater Mumbai.”

    “Instead of this court considering the request, we give the petitioner the liberty to make a representation before the concerned trial court within two weeks with an advance copy to the public prosecutor,” the bench mentioned.

    The apex courtroom mentioned that the involved courtroom shall think about the plea inside three weeks on receipt of such software.

    The high courtroom on August 10 granted bail to Rao, an accused within the Bhima Koregaon case, on medical grounds.

    The National Investigation Agency (NIA) vehemently opposed Rao’s plea within the apex courtroom claiming that he’s concerned in “serious anti-national activities”.

    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 following day close to the Koregaon-Bhima conflict memorial on the outskirts of the western Maharashtra metropolis.

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

    The NIA later took over the probe within the matter.

    Rao was arrested on August 28, 2018, from his Hyderabad residence and is accused within the case for which an FIR was lodged by the Pune Police on January 8, 2018, underneath numerous sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

  • SC grants bail to Bhima Koregaon case accused Varavara Rao on medical grounds

    By PTI

    NEW DELHI: The Supreme Court on Wednesday granted common bail to Bhima Koregaon case accused Varavara Rao on medical grounds.

    The 83-year-old poet and activist, who has challenged the Bombay High Court’s April 13 order rejecting his plea for everlasting bail on medical grounds, is at present on interim bail on medical grounds and he was to give up on July 12.

    On July 19, the highest court docket noticed that the interim safety granted to Rao would proceed. The apex court docket on July 12 had prolonged Rao’s interim safety until additional orders.

    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.

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

    The NIA later took over the probe within the matter.

    In his plea filed in opposition to the April 13 order of the excessive court docket, Rao has mentioned, “The petitioner is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial.”

    The plea submitted that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination”.

    It mentioned Rao had challenged the excessive court docket order as he was not granted an extension of bail regardless of his age and precarious well being situation, and his prayer to shift to Hyderabad was additionally denied.

    Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial within the case for which an FIR was lodged by Pune police on January 8, 2018 beneath numerous sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

    Initially, Rao mentioned he was put beneath home arrest following an order of the apex court docket.

    On November 17, 2018, he was taken into police custody and later shifted to the Taloja jail in Navi Mumbai.

    On February 22, 2021, the Bombay High Court granted him interim bail on medical grounds and he was launched from jail on March 6, 2021.

    Giving in depth particulars of his well being situation, together with his sufferings in jail, Rao had mentioned the excessive court docket order dated February 22, 2021 had contemplated that the petitioner may very well be on medical bail for an prolonged interval and even completely on medical grounds, relying on his situation supported by medical examination experiences.

    The plea mentioned that after being granted bail, the petitioner’s well being had deteriorated and he had developed an umbilical hernia for which he needed to endure surgical procedure.

    He must be operated for cataract in each eyes, which he has not undertaken as the price is prohibitive in Mumbai, the plea mentioned, including the petitioner has additionally been affected by neurological issues.

    “It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the petitioner, passed away even before the trial could start,” it mentioned.

    The excessive court docket rejected the plea however prolonged the time for the activist to give up earlier than the Taloja jail authorities by three months to allow him to endure cataract surgical procedure.

    NEW DELHI: The Supreme Court on Wednesday granted common bail to Bhima Koregaon case accused Varavara Rao on medical grounds.

    The 83-year-old poet and activist, who has challenged the Bombay High Court’s April 13 order rejecting his plea for everlasting bail on medical grounds, is at present on interim bail on medical grounds and he was to give up on July 12.

    On July 19, the highest court docket noticed that the interim safety granted to Rao would proceed. The apex court docket on July 12 had prolonged Rao’s interim safety until additional orders.

    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.

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

    The NIA later took over the probe within the matter.

    In his plea filed in opposition to the April 13 order of the excessive court docket, Rao has mentioned, “The petitioner is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial.”

    The plea submitted that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination”.

    It mentioned Rao had challenged the excessive court docket order as he was not granted an extension of bail regardless of his age and precarious well being situation, and his prayer to shift to Hyderabad was additionally denied.

    Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial within the case for which an FIR was lodged by Pune police on January 8, 2018 beneath numerous sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

    Initially, Rao mentioned he was put beneath home arrest following an order of the apex court docket.

    On November 17, 2018, he was taken into police custody and later shifted to the Taloja jail in Navi Mumbai.

    On February 22, 2021, the Bombay High Court granted him interim bail on medical grounds and he was launched from jail on March 6, 2021.

    Giving in depth particulars of his well being situation, together with his sufferings in jail, Rao had mentioned the excessive court docket order dated February 22, 2021 had contemplated that the petitioner may very well be on medical bail for an prolonged interval and even completely on medical grounds, relying on his situation supported by medical examination experiences.

    The plea mentioned that after being granted bail, the petitioner’s well being had deteriorated and he had developed an umbilical hernia for which he needed to endure surgical procedure.

    He must be operated for cataract in each eyes, which he has not undertaken as the price is prohibitive in Mumbai, the plea mentioned, including the petitioner has additionally been affected by neurological issues.

    “It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the petitioner, passed away even before the trial could start,” it mentioned.

    The excessive court docket rejected the plea however prolonged the time for the activist to give up earlier than the Taloja jail authorities by three months to allow him to endure cataract surgical procedure.

  • Bhima Koregaon case: Pune cop planted proof in units of jailed activists, says report

    By Online Desk

    KOLKATA: US-based safety specialists have accused Pune police of planting ‘false incriminating proof’ in digital units belonging to not less than three activists arrested in connection to the Bhima Koregaon case, in a report revealed by the highly-reputed tech publication Wired on June 16, 2022.

    According to the report, researchers at safety agency SentinelOne have uncovered ‘a provable connection’ between the broader hacking operation behind the alleged proof fabrication and the legislation enforcement officers in Pune who made a number of arrests primarily based on the identical proof.

    For the unversed, the Bhima Koregaon case is called after a village in Pune the place, on January 1, 2018, violence erupted between Dalit and Maratha teams resulting in the dying of not less than one individual and accidents to a number of others. The police arrested 16 folks in reference to this incident, together with activists like Varavara Rao, Rona Wilson, Hany Babu, Sudha Bharadwaj, Arun Ferreira, Arun Gonsalves, the late Father Stan Swamy, and others. The National Investigation Agency (NIA) booked them for offences below the Unlawful Activities (Prevention) Act (UAPA) and accused them of makes an attempt to overthrow the federal government.

    The police claimed that inflammatory speeches made on the Elgar Parishad occasion, held to commemorate the 2 hundredth anniversary of the Battle of Bhima Koregaon, on December 31, 2017, had been liable for the violence close to the Koregaon-Bhima battle memorial situated within the district in western Maharashtra. Bhima Koregaon on January 1. The prosecution claimed the conclave was organised by folks with alleged Maoist hyperlinks. The activists are accused of being energetic members of the CPI (Maoist) and propagating Maoist ideology and inciting violence.

    SentinelOne’s findings on the hyperlink between hackers and cops in Pune stem from proof that was excavated from units belonging to 2 particular defendants – Rona Wilson and Varavara Rao. Early final yr, analysts at one other safety agency known as Arsenal Consulting had already revealed that 32 information had been planted right into a folder on Wilson’s gadget by means of a malware known as NetWire. And how did the malware attain his gadget? According to Arsenal analysts, it was activated by an attachment despatched from Varvara Rao’s electronic mail account, which was additionally compromised by the identical hackers.

    FROM OUR ARCHIVES | Activist Rona Wilson focused by two teams backed by similar entity: Washington Post

    Wired quoted Arsenal’s president, Mark Spencer, report back to the Indian courtroom the place he termed this “one of the most serious cases involving evidence-tampering that Arsenal has ever encountered.”

    Now, in February this yr, SentinelOne analysed the hacking methods that had been used on this proof fabrication and located one thing much more stunning. The planting of proof in Wilson’s and Rao’s units was not an remoted incident. According to the findings that they shared with Wired, the identical hackers had been routinely concentrating on activists, legal professionals, journalists and teachers since 2012. They added that this “activity aligns sharply with Indian state interests”.

    It is within the newest set of findings that SentinelOne says they’ve lastly ascertained the hyperlink to the Pune police. The researchers discovered that the hacked electronic mail addresses belonging to Wilson, Rao and one other defendant, Hany Babu, had been all backed up with one other electronic mail deal with and telephone quantity.

    Just a little extra digging lastly revealed the restoration electronic mail deal with and telephone quantity given for this electronic mail account contained the total title of a police officer from Pune. In reality, the analysts additional said that he was one of many cops related to this very case.

    This hyperlink was then subjected to additional verification. Another safety researcher, named John Scott-Railton, tallied the restoration telephone quantity with info from publicly obtainable databases and located that it was linked to an electronic mail deal with ending in [email protected]. For reference, this can be a suffix for different electronic mail addresses utilized by Pune Police.

    EDITORIAL | Stan Swamy and the homicide of justice

    This was reverified by one other unbiased researcher by means of TrueCaller, a caller-ID app, after which consequently, from directories of Indian legislation enforcement. The police officer’s hyperlink to the Bhima Koregaon case was established when Scott-Railton tallied the face in his WhatsApp profile image to that of a cop who was photographed by the media throughout Varavara Rao’s arrest. 

    There had been different situations that show that the activists’ electronic mail accounts had been compromised by this very hacking community. According to analysts, IP addresses that had been earlier already recognized as belonging to those hackers had been utilized in April 2018 to entry these electronic mail accounts, to ship phishing emails, and so as to add the contact info of Pune’s legislation enforcement officers as a backup. The malware unfold from one individual to a different by means of phishing emails despatched to and from these compromised accounts within the months main as much as their arrests.

    “This is beyond ethically compromised. It is beyond callous. So we’re trying to put as much data forward as we can in the hopes of helping these victims.” Juan Andres Guerrero-Saade, a safety researcher at SentinelOne, instructed Wired. He, together with fellow researcher Tom Hegel, is about to current their findings on the Black Hat safety convention in August this yr.
     

  • Elgar case: HC dismisses plea of Varavara Rao & 2 different accused in search of default bail 

    By PTI

    MUMBAI: The Bombay High Court on Wednesday dismissed a petition filed by Varavara Rao and two different activists, arrested within the Elgar Parishad-Maoist hyperlinks case, in search of a assessment of an earlier order of the HC which refused them default bail.

    The excessive court docket mentioned it finds it tough to carry there was any factual error in its earlier judgement and requires a assessment.

    “No case for review is made out,” a division bench of Justices S S Shinde and N J Jamadar mentioned.

    The HC rejected the petition filed by the three accused – Varavara Rao, Arun Ferreira and Vernon Gonsalves – difficult a earlier order of the excessive court docket that refused to grant them default bail within the case.

    Rao is at the moment out in medical bail, whereas the opposite two petitioners are in jail.

    The three accused had challenged a December 1, 2021 order handed by the bench led by Justice Shinde that granted default bail to lawyer Sudha Bharadwaj, a co-accused within the case, however denied default bail to eight different accused individuals, together with the three petitioners.

    At that point, the HC had mentioned the accused individuals, aside from Bharadwaj, had not filed their pleas in search of default bail earlier than the decrease court docket inside the time stipulated by regulation.

    In their pleas, filed by advocates Sudeep Pasbola and R Satyanarayanan, the accused mentioned the HC’s order was based mostly on a “factual error,” because it failed to notice that the decrease court docket had rejected the default bail pleas filed by Bharadwaj, the three petitioners, and two different co-accused individuals by a typical order.

    Hence, if the HC, in granting bail to Bharadwaj, put aside the decrease court docket order of November 6, 2019, the others too had been entitled to aid.

    The National Investigation Agency (NIA) had opposed the plea on the bottom that the accused had been in search of the identical prayer of default bail beneath the guise of assessment, and that it was an abuse of the method of regulation and units a unsuitable precedent.

    The case, now being dealt with by the NIA, pertains to the ‘Elgar Parishad’ conclave held in Pune on December 31, 2017, which in keeping with Pune police was funded by Maoists.

    The inflammatory speeches made there led to violence on the Koregaon-Bhima battle memorial in Pune the subsequent day, the police had alleged.

  • Elgar Parishad case: Bombay HC grants interim bail to Varavara Rao on medical grounds for six months

    Image Source : PTI (FILE) Elgar Parishad case: Bombay HC grants interim bail to Varavara Rao on medical grounds for six months
    The Bombay High Court on Monday granted interim bail for six months to ailing poet Varavara Rao on medical grounds. Rao, 82, an accused within the Elgar Parishad-Maoist hyperlinks case being probed by the National Investigation Agency (NIA), is at the moment present process therapy within the Mumbai-based Nanavati Hospital the place he had been admitted by the Maharashtra authorities following the excessive courtroom’s intervention. Rao has been in custody since August 28, 2018, awaiting trial within the case.
    A bench of Justices S S Shinde and Manish Pitale ordered that Rao be discharged from the hospital, relying on his present well being situation, and launched on bail instantly after his discharge.
    The HC stated if it didn’t grant Rao medical bail, it will be abdicating its responsibility to guard the rules of human rights, and a citizen’s basic rights to life and well being. The bench additionally imposed stringent circumstances in Rao’s bail, together with a path to him to remain inside the jurisdiction of the Mumbai NIA courtroom for the interval he’s out on bail.
    Rao must submit his passport earlier than the NIA courtroom, and he has been forbidden to determine any contact together with his co-accused within the case. He may also need to furnish a private bond of Rs 50,000 and two sureties of the like quantity.

    On February 1, the HC closed all arguments within the case and reserved its verdict on Rao’s medical bail plea and his spouse Hemlatha’s writ petition that alleged a breach of his basic rights because of insufficient medical care and his continued incarceration.
    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 following day close to the Koregaon-Bhima conflict memorial situated on the outskirts of the western Maharashtra metropolis. The police have additionally alleged that the conclave was organised by folks with alleged Maoist hyperlinks. 
    READ MORE: Pune: AMU alumnus Sharjeel Usmani booked over Elgar Parishad speech
    READ MORE: Varavara Rao’s household approaches NHRC; seeks updates on his well being
    Latest India News

  • Varavara Rao is secure, reject his medical bail plea: NIA to HC

    The National Investigation Agency (NIA) on Wednesday urged the Bombay High Court to reject the plea for bail on medical grounds filed by poet-activist Varavara Rao, arrested within the case of the Elgar-Parishad-Maoist hyperlink, arguing that his current well being situation is secure.
    Additional Solicitor General Anil Singh, who appeared for the NIA, reminded the courtroom that Rao’s medical experiences from the Nanavati Hospital, from earlier this month, said that he was secure and match to be discharged.
    He identified that the Maharashtra authorities had made a press release earlier than the HC final week, saying as soon as discharged from the personal hospital, Rao (81) is not going to be despatched again to the Taloja jail in Navi Mumbai, however as a substitute, he shall be admitted to the jail ward of state-run JJ Hospital right here and given requisite medical care.
    “His (Rao’s) medical reports, his present health condition is stable, and the state’s statement takes care of all the prayers made in these pleas,” Singh mentioned.
    “Therefore, the question of granting him bail arises only if the court doesn’t have faith in the care that the JJ Hospital will be able to provide,” Singh informed a bench of Justices SS Shinde and Manish Pitale.
    The bench was listening to three petitions — a writ petition in search of Rao’s full medical data and a bail plea on medical grounds filed by Rao. The third one is a writ petition filed by Rao’s spouse Hemlatha alleging a breach of his elementary rights owing to lack of medical care throughout his continued incarceration.

    Hemlatha, too, had sought in her plea that Rao be let loose of jail and be permitted to return to his household in Hyderabad.
    The poet-activist, lodged within the Taloja jail as an undertrial, is at the moment admitted to the Nanavati hospital in Mumbai.
    Following the NIA’s submission, the courtroom, nevertheless, identified that as per the medical experiences, Rao was being given over 20 tablets a day.
    “Just see the list of medicines being given to him everyday. He is sustaining on these medicines. So, he’s continuously on medical support,” HC mentioned.
    ASG Singh, nevertheless, mentioned most of those tablets had been “age-related.”
    “We also have old people in our homes and 70 to 80 per cent of these medicines are taken (by elderlies),” the NIA counsel mentioned.
    He reiterated that as per the Nanavati Hospital report, Rao didn’t have dementia, a illness in which there’s deterioration in reminiscence, behaviour and the flexibility to carry out on a regular basis actions.
    The HC, nevertheless, identified that Rao’s experiences from the JJ Hospital, the Taloja jail hospital and state-run St George hospital, issued in November final yr, all talked about dementia, and mind atrophy or shrinkage of the mind.
    Singh, nevertheless, mentioned the older report notings on dementia appeared extra like “course and discussions” amongst docs to verify for dementia and delirium.

    “We have full faith in the JJ Hospital but the Nanavati Hospital, where he was last treated, says he doesn’t have dementia right now,” Singh mentioned.
    “We believed the Nanavati Hospital while Rao was being treated there. Why should we not believe it then when he says Rao doesn’t have dementia?” he mentioned.
    Singh mentioned one’s well being situation may fluctuate typically and due to this fact, whereas deciding on Rao’s medical bail plea, the HC should go by his newest well being situation report.
    “The Nanavati report says Rao doesn’t require indoor management and is fit to be discharged. This is the latest report, there is no counter or different medical advice so we have to believe this report,” Singh mentioned.
    “Therefore, unless the court does not have faith or it feels the JJ prison ward will not be able to provide him (Rao) medical care, only then should he be granted bail,” Singh mentioned.
    Rao’s counsel, senior advocate Anand Grover argued that the JJ Hospital or some other hospital was a “bed of infection,” and the ailing Rao should not be despatched there.
    “The only option is to send him back to the Taloja prison if he is fit, else let him out on bail to be at home with his family,” Grover mentioned.
    The HC then directed the Nanavati hospital to submit a recent medical report with Rao’s newest well being situation on Thursday morning and can proceed listening to the arguments within the afternoon.
    Rao has been in an out of the JJ Hospital in Mumbai and the Taloja jail hospital since his arrest in June 2018.
    On July 16 final yr, he examined constructive for coronavirus after which he was shifted to the Nanavati Hospital.
    He was discharged from the Nanavati Hospital following a remaining evaluation report on July 30 and despatched again to the Taloja jail.
    In December final yr, he was admitted to the Nanavati Hospital once more following the intervention of a bench of Justice Shinde and Justice MS Karnik.
    The case associated 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 positioned on the outskirts of the western Maharashtra metropolis.
    The police have claimed the conclave was organised by individuals with alleged Maoist hyperlinks. Several activists and academicians have been named as accused within the case.