While the National Investigation Agency (NIA) sought a stay on the operation of the bail order so as to appeal before the Supreme Court, the HC refused the request, stating that Babu has been in jail for over five years.
Supreme Court Justice M M Sundresh recused himself from hearing the bail plea of advocate Surendra Gadling, an accused in the Elgar Parishad-Maoist links case. The case has been adjourned multiple times.
The Bombay high court on Thursday granted bail to activist Mahesh Raut, arrested in the Elgar Parishad Maoist links case.
The Bombay High Court has granted bail to researcher Rona Wilson and activist Sudhir Dhawale, arrested in the Elgar Parishad-Maoist links case. The court noted that they had been in jail since 2018 and the trial was yet to start. The court said the two had spent more than six years in jail as under-trial prisoners. The NIA, the prosecution agency, did not seek a stay to the HC order. Eight other activists have been granted bail in the case, which pertains to provocative speeches allegedly delivered at the Elgar Parishad conclave held in Pune on December 31, 2017.
Researcher Rona Wilson and activist Sudhir Dhawale, accused in the Elgar Parishad-Maoist links case, were released on bail from a Navi Mumbai prison on Friday, more than six years after they were arrested. The duo walked out of the Taloja jail after completing bail formalities before the special NIA court, over a fortnight after they were granted bail by the Bombay High Court. The HC granted bail to Wilson and Dhawale on January 8, noting they had been in jail since 2018 and the trial in the case, in which anti-terror act UAPA has been invoked, was yet to start. Apart from Dhawale and Wilson, 14 other activists and academicians were arrested in the case. Eight of them have been granted bail till now, with one, Mahesh Raut, still in jail as the appeal filed by the National Investigation Agency (NIA) against his bail is pending before the Supreme Court. Jesuit priest and activist Stan Swamy, one of the accused, died in 2021 while lodged in judicial custody. The case pertains to provocative speeches allegedly delivered at the Elgar Parishad conclave held in Pune on December 31, 2017, triggering violence at Koregaon-Bhima, a village outside Pune city, the next day. The Pune police had claimed the conclave was backed by Maoists. The NIA later took over the probe.
Prolonged incarceration without trial amounts to infringement of the right to life under the Constitution, the Bombay high court said while urging a special court to expedite the trial in the 2018 Elgar Parishad-Maoist links case.
'Shoma didn't have the luxury of time. She was already suffering from so many ailments.'
This is Navlakha's second round of appeal in the high court seeking regular bail.
'I was laughing and crying at the same time. Right now, just extremely happy that she will be out and amongst us soon.'
Bhima Koregaon represents what the government can do in India against well meaning people who speak up against atrocities, who stand up for the weak and the dispossessed and for this reason alone as seen as enemies of the State and kept in prison for as long as the government can manage. So long as the rest of us do not speak up against this misbehaviour by the State, so long as we forget about those who have been made its victims, this behaviour will continue, asserts Aakar Patel.
The case relates to Elgar Parishad, a conclave held in Pune on December 31, 2017. Pune Police had alleged that it had been backed by Maoists, and provocative speeches made there led to caste violence near Bhima-Koregaon war memorial the next day.
Activist Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case, on Thursday moved a discharge application before the special NIA court in Mumbai, claiming that the probe agency has not produced any material to show that he is a member of CPI-Maoist or his alleged role in the case.
A government lawyer told the Bombay high court on Friday that though prison inmates can talk to their relatives or lawyers on phone, she was not sure if the facility could be granted to activist Gautam Navlakha, an accused in the Elgar Parishad-Maoist links case.
The special court judge D E Kothalikar has asked the national probe agency to file its reply on the matter on November 26.
They also demanded action against officials of the National Investigation Agency (NIA), which is conducting a probe into the Elgar Parishad case, and former superintendent of the Taloja jail.
Eight activists accused in the Elgar Parishad-Maoist links case, who were denied default bail by the Bombay High Court earlier this month, told the HC on Thursday that they will file review petitions against the order which was based on a "factual error".
"We see no reason to interfere with the high court order," said a bench of Justices U U lalit, S Ravindra Bhat and Bela M Trivedi, refusing to consider the submissions raised by the NIA which had moved the apex court against the December 1 order.
Kabir Kala Manch activists had allegedly made provocative speeches leading to violence at Koregaon Bhima in the district, according to an FIR registered at Vishrambaug police station after the event.
'The only way to kill time in prison is to read and she can't even do that properly any more.' 'Her knees, too, are in terrible shape. I could see how she was trying to hide her pain every time she got up from the bench where she was seated.'
According to a media report published on Saturday, only one of the outfits to which eight of the arrested activists belonged was declared as unlawful.
'If we accept this, then in a few years we will not see a democratic India that we know'
The Pune Police had moved the court Saturday for extension of the 90-day period for filing chargesheet against the five persons, citing fresh arrests in the case.
She has been in custody as an undertrial since her arrest in 2018.
He took up the causes of tribals marginalised after their lands has been taken over for dams, mines and townships, often without their consent.
Do Uddhav Thackeray, Aditya Thackeray, Sanjay Raut, and Sharad Pawar want the deaths of the Bhima Koregaon accused to be associated with their regime? asks Jyoti Punwani.
The law permits a person to approach the police or a magistrate to lodge a complaint and get their grievances addressed, the court noted.
None of them had anything to do with the violence at Bhima Koregaon, where they were not even present, points out Aakar Patel.
'These charges of the prosecution will fall to the ground and I am 100 per cent sure of that.'
"How can the police do this? The matter is sub judice. The Supreme Court is seized of the matter. In such cases, revealing information pertaining to the case is wrong," Justice Bhatkar said.
Minal Gadling, in her petition, claimed that all the arrested five, including her husband, have been in a false and mala fide way implicated in the case even when there was no involvement on their part in any such activity.
A police official said the five arrested are suspected to have Maoist links and had allegedly funded the Elgar Parishad conclave.
The larger conspiracy of Communist Party of India-Maoists was to overthrow the democratic system in the country, and the accused were working in that direction, the chargesheet claimed.
On January 1 in 2018, violence erupted at an event to mark 100 years of the Bhima-Koregaon battle, leaving one dead and several injured, including 10 policemen.
Talking to reporters in Kolhapur, Pawar said it was not right on the part of the Centre to hand over the probe into the case, which was with the Pune police, to the NIA as law and order was a state subject. NCP leader and Home Minister Anil Deshmukh said Uddhav Thackeray had overruled him on the probe in the case.
The callousness with which these political dissidents are being treated goes against the Supreme Court's directive, given right at the beginning of the lockdown. The apex court had directed states to release prisoners to decongest jails, which had become hotspots of the coronavirus.
'Investigating agencies are not acting as independent authorities; they have stopped being neutral.'
'Anybody and everybody who opposes this government for whatever reasons will be branded a terrorist and charged in such a manner that all human rights will be taken away.'
The letter was seized during nationwide raids conducted by the Pune police in connection with the case following which these activists were arrested, he said.
The bench suggested that the hearing be adjourned "sine die" (adjournment of proceedings with no date of resumption).
Recently, the Bombay high court had set aside the lower court's order allowing extension of time to police to file its probe report against the rights activists in the violence case.