Tag: 2018 Elgar Parishad case

Elgar Parishad: Bail Conditions for Vernon Gonsalves, Arun Ferreira Put NIA in a Spot

The bail conditions set by the Supreme Court mandated pairing mobile phones of the duo with the devices of the investigating officers.

“If you gaze for long into an abyss, the abyss gazes also into you,” wrote German philosopher Freidrich Neitszche in his book Beyond Good And Evil. The National Investigation Agency (NIA) seems to have discovered the meaning of the quote recently.

On July 28, a division Bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, granted regular bail to Vernon Gonsalves and Arun Ferreira.

Gonsalves is a trade unionist, activist and academic, while Ferreira is an activist and a lawyer. The two are accused in the Bhima Koregaon–Elgar Parishad case and charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

They had been incarcerated for almost five years without a trial.

Among the conditions of the bail, the duo were required not to change their mobile phones, keep their phones charged at all times, keep the location status of the phones ‘active’ all through the day, and pair the devices with the devices of the investigating office of the NIA.

These harsh bail conditions did nothing to protect the right of the duo to a minimal level of privacy, as the bail conditions intend to keep the duo tethered to the authorities at all times.

The bail conditions were perhaps also an indirect recognition of the commonplace notion that mobile phones are used as surveillance tools by authorities.

Today, an NIA special court of judge Rajesh Katari heard the difficulty faced by the NIA in complying with the bail conditions.

On the issue of non-compliance with the bail condition of pairing devices, the court suggested installation of applications that can assist in pairing and tracking the devices on the mobile phones of the accused and the NIA officials.

To this, the counsel representing the NIA raised concerns about the possible infringement of privacy of the concerned investigating officers of the NIA if the devices were to be paired.

What does the law say?

As held in the case of Justice K.S. Puttaswamy and Another versus Union of India and Others (2017), the right to privacy is protected by Article 21 (protection of life and personal liberty) of the Constitution.

Section 5(2) of the Indian Telegraph Act, 1885 allows electronic tapping and interception under certain conditions, including on the occurrence of public emergency, in the interest of public safety and for preventing incitement to the commission of an offence.

In the case of People’s Union for Civil Liberties versus Union of India and others (1996), the Supreme Court held that interception of telephones and wiretaps was a serious invasion of privacy.

Notably, mobile phone tracking remains a grey area around the globe. In July 2018, the United States Supreme Court mandated a warrant for tracking a suspect.

What did the court say?

Today, the court directed the NIA to conduct a thorough verification of the bail conditions. It also directed the NIA to apprise the court of the difficulties in complying with the bail conditions on the next date.

Further, the court observed that if the NIA is not able to meet the bail conditions, it will have to approach the Supreme Court to seek modifications of the conditions.

The matter is posted for hearing on the plea of the accused persons for the NIA to comply with Section 207 (supply to the accused of a copy of the police report and other documents) of the Code of Criminal Procedure (CrPC).

During the previous hearings, the accused persons had raised the grievance that despite filing several applications with the investigating authorities under Section 207 of the CrPC, they had not been allowed access to the compact disks, which are an important piece of evidence furnished by the NIA in the case.

The matter will be further heard on September 5.

Background

In connection with the Elgar Parishad–Bhima Koregaon case, on June 6, 2018, Pune police arrested human rights lawyer and Dalit rights activist, Surendra Gadling; Dalit rights activist and editor of the Marathi magazine Vidrohi, Sudhir Dhawale; activist and researcher, and member of the Committee for the Release of Political Prisoners, Rona Wilson; former head of the English department at Nagpur University, and Dalit and women’s rights activist, Shoma Sen; and forest rights activist and former fellow of Prime Minister’s Rural Development Fellowship Programme of the Union Ministry of Rural Development, Mahesh Raut.

On August 28, 2018, activist, poet, writer and teacher Varavara Rao; trade unionist, activist and lawyer, Sudha Bharadwaj; Arun Ferreira; Vernon Gonsalves; and human rights activist and journalist, Gautam Navlakha were arrested and lodged in Mumbai’s Taloja jail.

In the subsequent months, scholar, writer and civil rights activist, Dr Anand Teltumbde; tribal rights activist and Jesuit priest, Father Stan Swamy; an anti-caste activist, Hany Babu; and musical performers, anti-caste activists and members of the cultural troupe Kabir Kala Manch, Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagtap, were also arrested.

Trial is yet to begin in the Bhima Koregaon case. The prosecution in the case has filed a chargesheet exceeding 5,000 pages and intends to cross-examine at least 200 witnesses.

Ten of the 16 accused persons are presently incarcerated, having now spent between two to almost five years in judicial custody without trial.

In addition to Gonsalves and Ferreira, who were granted bail today, three of the other accused persons, Sudha Bharadwaj, Varavara Rao and Anand Teltumbde have also managed to secure bail so far.

Another accused, tribal rights activist and Jesuit priest Father Stan Swamy, passed away in judicial custody in July 2021 after contracting Covid in prison while awaiting bail on medical grounds.

An investigation by Arsenal Consulting, a leading, independent expert firm on digital forensics, has revealed that sophisticated malware was used to plant the digital evidence that forms the basis for the prosecution’s case on the devices of two of the accused persons in the case, Surendra Gadling and Rona Wilson.

Arsenal’s findings were published in four reports in 2021.

This article was originally published in The Leaflet.

Elgar Parishad Accused Systematically Denied Medical Treatment: Family Members

In a statement, the family members said that in yet another “act of criminal negligence”, the prison authorities of Taloja Central Jail have delayed medical treatment to Vernon Gonsalves.

New Delhi: After the health of Vernon Gonsalves deteriorated due to the alleged negligence of prison staff, the family members of people accused in the Elgar Parishad case have slammed the pattern of “systematically” denying medical treatment to the prisoners and accused the authorities of “criminal negligence”.

Gonsalves, arrested for his alleged role in the case, was recently admitted to the state-run JJ Hospital in Mumbai. As per his lawyer, the activist he had been diagnosed with dengue and was on oxygen support.

The Elgar Parishad-Maoist links case, in which over a dozen activists and academicians had been named accused, was initially probed by the Pune police and later taken over by the National Investigation Agency.

In a statement issued on Saturday, the family members of these arrested activists sought state intervention in the functioning of prison authorities to ensure speedy treatment to all “political prisoners”.

Citing Gonsalves’ condition, the statement claimed medical treatment was delayed and that it was yet another act of “criminal negligence” on the part of authorities of the Taloja Central Jail in neighbouring Navi Mumbai, where he was lodged.

“Gonsalves (65) had fever on August 30, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail for almost a week. After much pleading, he was taken to the JJ Hospital on September 7 and was given oxygen support,” the family members said.

“However, instead of continuing his treatment, he was callously brought back to jail where his condition continued to worsen. It is only after his lawyer and wife, Susan Abraham, approached court and obtained an order that the prison authorities finally admitted him in the emergency ward of the JJ Hospital, where he is still under treatment,” the statement said.

They cited the recent deaths of several undertrial prisoners, including Father Stan Swamy, after allegedly being denied prompt medical attention.

“It has barely been a year since Father Stan Swamy, also an accused in the Elgar case, passed away while still a prisoner after being denied prompt treatment following COVID-19,” it claimed.

“Similarly, it was only very recently that we heard the shocking news of the death of Pandu Narote, a 33-year-old Adivasi, in Nagpur jail where he was convicted under various UAPA charges for having Maoist links,” the statement said.

Narote’s lawyer also alleged that his death was caused due to gross negligence by the prison authorities, the family members alleged.

The statement also raised the health condition of PhD scholar Atiqur Rahman, accused in the Hathras conspiracy case. “Rahman was allowed to undergo heart surgery in AIIMS only after much campaigning and a court order, and yet was not allowed proper post-operative care. Today his left hand has been paralyzed and his family and lawyers are struggling to get him bail for further treatment,” the family members said.

They also expressed concern about the deteriorating condition of G.N. Saibaba, who is suffering from multiple ailments which need special attention – which is not being provided by the jail authorities.

Talking about poet-activist Varavara Rao, another accused in the case, the statement said he too was subjected to inhuman treatment in jail where he was denied proper medical care in spite of his age and various serious ailments.

It was only last month that he could acquire a medical bail from the Supreme Court.

The others accused in the case have also been systematically denied medical treatment, the family members said. They demanded the state should immediately and urgently intervene in the functioning of prisons to ensure the speedy treatment to all “political prisoners” such as Gautham Navlakha, Hany Babu and others, they said.

“We also demand the immediate release of political prisoners who are languishing in jail as undertrials for years. If the state is incapable of guaranteeing their safety and security in prison, it would be better that courts intervene to grant bail to these political prisoners so that their precious lives are saved,” they said.

The full statement and the signatories are reproduced below.

§

In yet another act of criminal negligence, the prison authorities of Taloja Central Jail, Maharashtra, have delayed medical treatment to Vernon Gonsalves, a prominent activist and one of the accused in the Bhima Koregaon – Elgar Parishad case.

Gonsalves, who is 65 years old, fell ill with fever on August 30th, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail, for almost a week. After much pleading, he was taken to JJ hospital on Sept 7 and was given oxygen support. However, instead of continuing his treatment he was callously brought back to jail where his condition continued to worsen.

It is only after his lawyer and wife, Susan Abraham, approached the court and obtained an order, that the prison authorities finally admitted him in the emergency ward of JJ hospital, where he is still under treatment. What is even more concerning here is that it was barely a month ago that the NIA court had denied mosquito nets for the Bhima Koregaon accused in a petition by Gautham Navlakha.

Both international treaties and prison manuals in India are clear about the fact that prisoners have the unalienable right to health care, including the right to not contract diseases in prison. However, the overcrowding of prisons in India, mainly due to the high number of undertrials, has led to prisons becoming hazardous to the life and health of its inmates. In addition to this, we see prison authorities behaving with absolute impunity by refusing to accord treatment in time, thereby leading to severe complications in many sick prisoners, and often, even death. Though VIP prisoners are often given preferential treatment in Indian jails, it is often the underprivileged and the political prisoners, who are subjected to such inhuman conduct.

In the Bhima Koregaon case itself, it has barely been a year since Father Stan Swamy, prominent activist and priest, passed away while still a prisoner, after being denied prompt treatment following Covid.

Similarly, it was only very recently that we heard the shocking news of the death of Pandu Narote, a 33 year old Adivasi man in Nagpur jail where he was convicted under various UAPA charges for having Maoist links. Narote’s lawyer has also alleged that his death was caused due to gross negligence by the prison authorities.

We are also witness to the disturbing case of PhD scholar Atiqur Rahman, who was arrested on his way to Hathras, after the brutal rape of a Dalit woman in 2020. Rahman was allowed to undergo heart surgery in AIIMS only after much campaigning and a court order, and yet was not allowed proper post-operative care. Today his left hand has been paralyzed and his family and lawyers are struggling to get him bail for further treatment.

Similarly, it is only very recently that 7 human rights organisations including Amnesty, had come out with a statement on the deteriorating condition of Dr G N Saibaba, who is suffering from multiple ailments such as a heart condition, a cyst in the brain, breathing problems and hypertension, most of which need specialist attention, which is not being provided by the jail authorities.

More importantly, it should be noted that the superintendent of Taloja prison, who delayed treatment to Vernon Gonsalves, is the same official who was in charge when Kanchan Nannavare who was arrested for Maoist links, died after a brain surgery, which was conducted on her, without informing her husband, who is also a political prisoner, lodged in a Pune prison.

In the Bhima Koregaon case too, Varavara Rao, famous Telugu poet and activist was also subject to inhuman treatment in jail where he was denied proper medical care in spite of his age and various, serious ailments. It was only last month that he could acquire a medical bail from the supreme court.

Other political prisoners in the Bhima Koregaon case, have also been systematically denied medical treatment. Last year, Dr Hany Babu, the 12th accused in the case, contracted an extremely serious eye infection after covid and his lawyers and family had to approach the courts to ensure proper treatment.

Even today, he suffers from blurred vision due to an increase in power, for which he needs to be checked, and the prison authorities have not yet allowed it.

Gautam Navlakha, prominent activist and journalist who was also arrested in the Bhima Koregaon case is also being denied proper checkups for his dental treatments, allergy attacks and skin rashes. More worryingly, Navlakha who is supposed to undergo colonoscopy every two years, has not been taken for the same, though he is at high risk for stomach cancer, due to family history and the presence of polyps in his colon. He was also denied his medical records in spite of a court order.

It is the primary responsibility of the state, the courts, and most importantly, the prison authorities, to take care of the health and life of the inmates who are under their custody. Yet, as per The National Crime Records Bureau, thousands of prisoners perish in Indian jails, with simple infections turning to septicemia and curable fevers leading to fatalities as in the case of Pandu Narote.

Various judgements in the higher courts of India, have time and again reiterated the fact that prisoners cannot be denied their fundamental rights just because they are imprisoned. In fact, in the prominent case of Parmanand Katara Vs Union of India (1989 AIR 2039), the Supreme Court had maintained that the state is obliged to take care of a prisoner’s life whether he is deemed guilty or innocent, as the per the right to health, which is a fundamental right given to all Indian citizens, in Article 21 of the constitution. In spite of this, the state and its prisons in India, are making a mockery of our constitution and courts, by acting in a most irresponsible manner, when it comes to the life and health of prisoners.

Today, our prisons are killing fields, where the poorest of the poor perish without prompt treatment and where prominent political prisoners have to move court for a right that is guaranteed to them by the constitution. We strongly condemn this state of affairs and demand that proper action for criminal negligence is taken against all those officials who are responsible for the death of prisoners in jail. We demand that compensations are provided for the families of such prisoners and we also demand action against those officials who are responsible for the death of Kanchan Nannaware, Father Stan Swamy and Pandu Narote.

We demand that the state immediately and urgently intervene in the functioning of prisons so as to ensure speedy treatment for all prisoners, thereby preventing complications and death. We also demand speedy treatment for political prisoners such as Dr G N Saibaba, Atikur Rahman, Gautham Navlakha and Dr Hany Babu.

Given that the overcrowding of prisons, and shortage of staff to provide escorts is one of the main reasons that is leading to such negligence regarding the health of prisoners, we demand that a mechanism is set in place for providing speedy bail to the undertrials who fill Indian prisons.

We also demand the immediate release of political prisoners who are languishing in jail as undertrials for years. If the state is incapable of guaranteeing their safety and security in prison, it would be better that the courts intervene to grant bail to these political prisoners, so that their precious lives are saved.

Susan Abraham (Vernon Gonsalves)
Jennifer Ferriera (Arun Ferriera)
Roy Wilson (Rona Wilson)
Pranali Parab (Ramesh Gaichor)
Minal Gadling (Surendra Gadling)
Rama Ambedkar (Anand Teltumbde)
Sahba Hussain (Gautam Navlakha)
Sharad Gaikwad (Sudhir Dhawle)
Monali Raut (Mahesh Raut)
Fr. Joe Xavier (Fr. Stan Swamy)
Dr. Jenny Rowena (Hany Babu)
Surekha Gorakhe (Sagar Gorkhe)

‘Resolve to Fight for Just Society Still Alive’: Elgar Accused on Completion of 4 Years of Jail

Shoma Sen, Surendra Gadling, Rona Wilson, Mahesh Raut and Sudhir Dhawle, in jail since June 6, 2018, have issued a joint letter through their lawyers.

New Delhi: Five of the 16 accused in the Elgar Parishad case have written an open letter as they completed four years of imprisonment on Monday, June 6.

The open letter, jointly issued by Shoma Sen, Surendra Gadling, Rona Wilson, Mahesh Raut and Sudhir Dhawle, affirmed that four years of incarceration has not “destroyed” their hope and resolve to fight for the downtrodden and the underprivileged.

The letter was sent out by the lawyers of the accused.

While Sen is lodged in Byculla Prison, others are in Taloja prison. They have been incarcerated since June 6, 2018.

“All of us are committed to take up the cudgels for the labourers, the underprivileged and the downtrodden,” they said.

The letter notes that “workers, students, writers, poets, scholars, journalists and even common people” who go against the ruling powers of the country, even while fighting for human rights are threatened.

The writers also highlight how terrorism laws are used to suppress rights movements and quell dissent.

Also read: There Is No Case. Release the Bhima Koregaon 16 and Compensate Them

Of the 16 accused, Sen, Gadling, Wilson, Raut and Dhawale were arrested on June 6, 2018. Poet Varvara Rao, Sudha Bharadwaj, Arun Ferreira and Vernon Gonsalves were arrested on August 28, 2018. Both Rao and Bharadwaj are currently out on bail. One of the accused Father Stan Swamy died during the custody on June 5, 2021.

Reproduced below is the full letter.

§

Four Years Later…

Today is 6th June 2022. It is four years since we have been arrested in the matter of Bhima Koregaon-Elgar Conference. Professor Shoma Sen, Advocate Surendra Gadling, Rona Wilson, Mahesh Raut and Sudhir Dhawale were arrested on 6th June 2018. Revolutionary poet Varavara Rao, Advocate Sudha Bharadwaj, Advocate Arun Ferreira and Vernon Gonsalves were arrested on 28th August 2018 in the second round. Of them, Varavara Rao and Sudha Bharadwaj are out on bail.

You know who these 16 people (out of whom the system managed to finish Father Stan Swamy when he was a detainee) under arrest are and what the charges on them are. Today, we wish to make it clear that what happened to us is not exceptional. Workers, students, writers, poets, scholars, journalists and even common people who have chosen to fight against the ruling powers in the country on behalf of Dalits, tribals and the underprivileged, are all being targeted. Many are being put behind bars to stifle their dissent.

And terrorism laws are brazenly used for this purpose.

Under these laws, a person can do nothing to defend themselves. Even bail is flatly denied by courts. Statistics reveal that in India one has to spend 5 to 10 years on an average (which becomes 8 to 10 years in Maharashtra) in prison before getting bail. This is an elaborate scam created by the rulers to destroy a man’s social, economic, psychological and emotional life. But they fail to understand Man.

Watch: The Bizarre Evidence That Put Stan Swamy and The BK 16 in Prison

We all are committed to the same thought, same sensitivity. Unlike the rulers we have not abandoned our conscience. Even in the darkness of our confinement, our conscience is wide awake; on the contrary, our confinement has helped make it sharper.

All of us are committed to take up the cudgels for the labourers, the underprivileged and the downtrodden. From time to time we have raised our voice and have battled injustice, exploitation, plunder, discrimination and inequality. We know this ruthless world gives nothing without a fight and so our struggle has been first for food and then for liberation. We are proud inheritors of the thoughts and ideas of Charwak, Buddha, Kabir, Tukaram, Shivaji Maharaj, Bhagatsingh, Phule, Ambedkar and so on. Our history is full of a radiant fire which is the source of eternal inspiration for us. Naturally, we cherish being a part of this glorious heritage. We have not and we will not deviate from our course because we have unflinching faith in our ideas and our actions.

Is it any wonder that we have become like a thorn in the tender flesh of those who follow in the path of Brahminism, of Peshwa spirit, of the English and the Hitlerite imperialism? The irony is that those who are destroying the nation are being hailed as patriots and those who have toiled selflessly for the country are labeled as traitors. Logic has been abandoned to let loose the hysteric mobs. Religious polarisation is being promoted by spreading lies left right and centre. This hysteric nationalism is dragging the nation towards autocracy. In such a poisoned atmosphere, we are bound to be called traitors and jailed with the help of a web of untruths.

They think they can destroy us by imprisoning us; this hope of theirs of course, is futile. After four years, we have stayed alive and lively. In our confinement, there have been occasions when despair suffocated us momentarily; but never have we begged for mercy, nor cried nor written apologies. On the contrary, among us, one wrote poems on defiance, another composed songs on love, on freedom and we all sang them. We are writing stories and essays and books. One of us is busy exposing the sham of the case against us and another one is meticulously preparing our defence. Our counsels have demonstrated what steely resolve is. And there are those who have befriended other inmates in the jail and are working to create awareness and enlightenment among the prisoners.

A prison is a symbol of repression practiced by an anti-people regime and it automatically lacks the basic facilities which are considered by tradition as measures of development. It then follows that agitations and fights against injustice are frequent. You have to create your own space to make life in the prison bearable, humane. This is our constant fight …

The period of four years we have spent here seems little before the long years some of the prisoners have behind them. Yet they smile through their hard days and nights, they have hope in their hearts even as they face inhuman conditions. Their indomitable hope, as also the books and other reading material breathes life into us.

Also read: Jail Authorities Are Blocking Letters From Elgar Parishad Arrested to Their Loved Ones

These compassionate and sensitive people become our solace in the midst of the terrible violence that the newspapers report… all of us are sensitive and emotional human beings of all ages from young, to middle-aged to old. And because we are human beings, we practice politics of transformation and that is why we continue to fight for humanity even inside this prison …

It is now four years since we have been detained and are deprived of the love, the company and the attachment of our near and dear ones. Our hearts too beat for love and liberty. But it is your steadfastness, your courage, your strength and your patience with which you too endure our absence; which are a great source of resolve for us. You set an example for us to understand the nature of trust and closeness of relationship; we learn from you how fight and love coexist … you show us that it is love that is being reflected in togetherness, in unity, in people’s voice and our voice.

Our family too faces confinement outside the walls of this prison; each one of us is facing their own mental and emotional conflict and finding a way to cope with it. You have the burden of caring of us and others. And yet your smile does not waver. You also have shown what it is to be a part of something bigger.

That is precisely why you have been able to defy the untruths unleashed by the Government trolls. You are with the Truth, you are on the side of the Truth. You are delving into your pocket to send us money, books, medicines and clothes. You are also our solid financial support while fighting cases; for us, you represent the love and the justice that exist in the world…

With your support and the efforts of sympathetic lawyers, Arsenal, an independent institution in the U.S., has been able to expose the fake electronic letters and evidences created by our arrogant rulers. This exposure is a clear vindication of our innocence; but it is difficult to predict how long it will take to convince the court in view of the practice of giving ‘dates’ and the matter of judges’ frequent recusing from the cases… However, the humanists and the progressive people and the elected representatives all over the world have openly lent their support right from the commencement of the trial. They have written to the Central Government demanding our unconditional release.

Also read: Incriminating Letters Were ‘Planted’ on Rona Wilson’s Laptop: US Digital Forensics Firm

Some among them have organised campaigns independently and have sent us letters and greetings in prison. Such backing has not only fortified our dreams but has vindicated our belief that there are a good number of people out there who are ready to raise their voice in support of justice, truth and liberty. Many activists, students, writers, artists, former judges, lawyers, progressive parties and organisations, peoples’ movement in support of farmers have ceaselessly raised their voice and even have agitated for our release. We have no words to express our gratitude for their efforts and we are sure they would not want it. However, we are certain that this unprecedented backing, the public outcry and the relentless efforts from all over our country and beyond will bear fruit one day.

It is a fact that we have entered an age of darkness, yet history bears out that the empires built on the foundation of oppression did exist and did flourish; but in the end, all were reduced to rubble. This one too will have to go one day. It is the call of the time that we join hands to create a better world. As we will fight the attacks on our fundamental rights, we also shall fight to create a better, just, equitable and compassionate world. Millions suffering from injustice and oppression are coming together to give shape to a force that will break the shackles of those who think differently; because the oppressive regime and their white lies themselves are feeding power to the people’s resolve. Let us look forward to the day when Sahir’s prophesy comes alive:

We await the dawn when the earth stirs and the prisoners are out the abodes of sin crash and chains of injustice break and the rulers of that world will have no use of jails. We shall create that dawn.

6th June 2022

‘वो सुब्ह हमीं से आएगी
जब धरती करवट बदलेगी जब क़ैद से क़ैदी छूटेंगे
जब पाप घरौंदे फूटेंगे जब ज़ुल्म के बंधन टूटेंगे
उस सुब्ह को हम ही लाएँगे वो सुब्ह हमीं से आएगी

वो सुब्ह हमीं से आएगी
मनहूस समाजी ढाँचों में जब ज़ुल्म न पाले जाएँगे
जब हाथ न काटे जाएँगे जब सर न उछाले जाएँगे
जेलों के बिना जब दुनिया की सरकार चलाई जाएगी
वो सुब्ह हमीं से आएगी’

(Translation by the editor: The morning will come through us
When the Earth finally turns and prisoners are freed
When houses of sin collapse and torturous shackles are shattered
We are going to herald that morning, that morning will come through us

That morning will come through us
When these ill-omened social structures
No longer harbour oppression
When hands are no longer severed and heads are no longer chopped
When governing the world no longer requires jails and prisons
That morning will come through us)

६ ज २०२२ (6 June 2022)

Shoma Sen
Surendra Gadling
Rona Wilson
Mahesh Raut
Sudhir Dhawale

‘Planted Evidence’: Bombay HC to Hear Rona Wilson, Shoma Sen’s Pleas on April 29

The activists had moved the court alleging tampering of evidence in light of the reports published by US cyber forensic firm Arsenal Consulting.

Mumbai:  The Bombay High Court on Thursday said it will hear the petitions filed by activists Rona Wilson and Shoma Sen in the Bhima Koregaon case on April 29.

The activists had moved the court alleging tampering of evidence in light of the reports published by US cyber forensic firm Arsenal Consulting and seeking that the charges against them be quashed.

A bench of Justices S.S. Shinde and Manish Pitale said it will hear both pleas together since they seek similar reliefs and cited a report of the US-based forensics firm Arsenal Consulting.

The bench also asked Sen’s counsels, senior advocates Indira Jaising and Anand Grover, to serve a copy of her plea to the National Investigation Agency (NIA), the prosecuting agency in the case.

Also read: ‘Evidence Planted’: Citing Forensic Firm Report, Shoma Sen Moves Bombay HC Against UAPA Charges

On April 14, Sen had filed a plea in the court citing the report of Arsenal Consulting, which claimed that an attacker had used malware to infiltrate a laptop belonging to Wilson before his arrest, and inserted 10 incriminating letters on his computer.

Wilson, who is Sen’s co-accused in the case, had himself approached the high court in February this year through senior advocate Mihir Desai, citing the Arsenal report.

The activists, in their pleas, have said that the entire case against them was built on electronic evidence that the NIA claimed to have recovered from Wilson’s computer.

“In light of the Arsenal report, such evidence must not hold value in the eyes of law,” they have said.

Bombay HC Slams Jail Officials For Not Accepting New Spectacles for Gautam Navlakha

“Humanity is most important. Everything else will follow,” a high court bench observed, adding that there is a need to sensitise the prison staff to the needs of inmates.

New Delhi: Days after Gautam Navlakha’s spectacles were allegedly stolen inside the Taloja prison, the Bombay high court said on Tuesday there’s a need to conduct a workshop for jail officials to sensitise them on the needs of prisoners.

A division bench of Justices S.S. Shinde and M.S. Karnik said it has learnt about how spectacles of Navlakha were stolen inside jail and the prison authorities refused to accept the new spectacles sent by his family through courier.

“Humanity is most important. Everything else will follow. Today, we learnt about Navlakha’s spectacles. This is the high time to conduct a workshop for even jail authorities,” Justice Shinde said.

“Can all these small items be denied? These are all humane considerations,” he added.

Navlakha is an accused in the Elgar Parishad case.

Navlakha’s partner Sahba Husain on Monday said in a statement that his spectacles were stolen on November 27 inside the Taloja prison, where he is lodged.

Close to blind without his glasses, Navlakha was not even allowed to make an emergency call to his family until three days later. However, that call also proved futile as the jail authorities refused to accept the parcel containing his new pair of spectacles.

“The jail authorities were informed that Gautam was almost blind without the spectacles and that they would be arriving any day to ensure that the parcel is accepted and not returned. In spite of this the jail authorities refused to accept the parcel when it arrived by post,” Husain said in a statement.

Navlakha is among other activists including Stan Swamy, Anand Teltumbde, Hany Babu, Sagar Gorkhe, who were charged by the National Investigation Agency (NIA) under sections of criminal conspiracy, sedition and the Unlawful Activities (Prevention) Act (UAPA).

Also read: How the Right Is Starting a Psychological War by Targeting the Old and Ageing

Navlakha and Teltumbde had surrendered before the NIA, which is probing the nearly three-year-old case, on April 14, 2020. The case pertains to the Elgar Parishad conclave held in Maharashtra’s Pune district on December 31, 2017, which, the police alleged, was funded by Maoists. The speeches made by some activists at the conclave triggered violence near the Koregaon-Bhima war memorial on outskirts of Pune city the next day, according to the police charge sheet.

The high court made the observation about the jail authorities’ conduct while hearing two petitions filed by activists, Ramesh Gaichor and Sagar Gorkhe, challenging their arrest by the NIA in the Elgar Parishad-Maoist links case.

Senior counsel Mihir Desai, appearing for Gaichor and Gorkhe, told the HC on Tuesday that the duo were arrested by the NIA only because they refused to make statements before a magistrate against the other accused in the case.

The petitions also said the case should be held before the special NIA court in Pune, and not in Mumbai.

“The offence is alleged to have occurred in Pune. The case was initially held before a court in Pune. However, after the NIA took over the probe, it was transferred to the special NIA court in Mumbai even when there is a special NIA court in Pune,” Desai said.

NIA’s advocate Sandesh Patil sought time, following which the HC posted the matter for hearing on December 21.

The act of refusing a new pair of spectacles to Navlakha by jail authorities comes days after Father Stan Swamy who has Parkinson’s disease struggled to get a straw and sipper inside the prison. He was later provided with a straw, sipper and winter clothes after several protests.

Seventy-year-old Navlakha is also a patient of several ailments. According to Husain, he is in acute distress and is unable to see things around him, and as a result, his blood pressure has shot up.

In case of activist Varavara Rao (80), the Bombay high court had to intervene to send him to Nanavati hospital from Taloja jail as his condition deteriorated. The court noted that Rao was almost on his deathbed. Rao was arrested in 2018 in connection with the Elgar Parishad case.

(With inputs from PTI)

Elgar Parishad Case: NIA Calls Kabir Kala Manch ‘Maoist Front’, Takes Activists into Custody

Another KKM activist, Jyoti Jagtap, has also been taken into custody.

Mumbai: The National Investigations Agency has accused the cultural group Kabir Kala Mancha (KKM) of being a frontal organisation of the banned terrorist Communist Party of India (Maoist).

The agency made this accusation while seeking custody of the two KKM shahirs (bards) who were arrested on September 7 for their alleged involvement in the ongoing Elgar Parishad case. The designated NIA court today handed both 32-year-old Sagar Gorkhe and 36-year-old Ramesh Gaichor over to the agency’s custody until September 11.

Meanwhile, in Pune, another KKM activist, Jyoti Jagtap, was summoned to the city office of the state Anti- Terrorism Squad. From there, Jagtap too was taken into NIA custody. She will be produced at the NIA court on September 9.

KKM is a Pune-based cultural troupe that was formed by youth belonging to the Bahujan community from across Maharashtra. Several working-class musicians and poets had come together after the 2002 communal riots in Gujarat and formed their own cultural group to sing songs of resistance and state repression. They have also been vocal against caste atrocities across the country.

Also read: FIR Against Kabir Kala Manch Members, Others for ‘Promoting Enmity’ At Bhima Koregaon Event

The three arrested activists were also primary organisers of the Elgar Parishad event that was organised under the banner of ‘Bhima Koregaon Shaurya Din Prerana Abhiyan’ on December 31, 2017 at Pune’s Shaniwarwada area. The site, considered to be a quintessential Brahmin bastion was chosen as a symbol of protest against the Brahminical state order. An FIR was soon filed against the organisers and Gorkhe, Gaichor and Jagtap were named in the FIR.

Today, while seeking Gorkhe and Gaichor’s custody, the NIA claimed that the duo had visited Gadchiroli for “arms training” and have “deep-rooted connection with the Naxalites [Maoists]”.

“The arrested accused persons were in contact with absconding accused Milind Teltumbde [believed to be a top-rung leader of the banned CPI (Maoist) organisation] and the Urban network of CPI (Maoist),” the NIA has claimed. They have also alleged that the accused “during their visits to the jungle, underwent weapon and explosive training and awareness programme on various topics related to the Maoist movement.”

 The NIA, similar to allegations made by the Pune police, have claimed that Milind Teltumbde had discussed details of the Elgar Parishad event with those arrested and the CPI (Maoist) had subsequently made inroads into the organisation. The alleged crime of inciting violence was “executed through the members of Kabir Kala Munch [Manch] and other frontal organisations”.

While the Ministry of Home Affairs of India has banned a number of organisations that have been proscribed as “terrorist organisations” under the Unlawful Activities (Prevention) Act, the KKM does not appear on the list. Several investigating agencies, from time to time, have accused numerous cultural and human rights organisations of being “frontal outfits” without really going through the legal processes of proving their “illegality”.

Also read: Birds in the Prison Barracks: An Interview with Kabir Kala Manch’s Sagar Gorkhe and Ramesh Gaichor

The NIA and earlier the Pune police have claimed that all 15 accused who have been arrested in the case are “urban Naxals” who were responsible for violence that had been unleashed on the Dalits visiting the Bhima Koregaon Vijay Stambh, just outside Pune, on January 1, 2018.

The duo, like several other witnesses in the case, had been summoned to the NIA’s Mumbai office on multiple occasions. Minutes after their arrest, their troupe members had released a video of Gorkhe and Gaichor narrating how they were allegedly pressured by the NIA officials to confess to false events if they wanted to escape arrest. When the duo refused, they were allegedly arrested.

In the video, recorded on September 5, Gorkhe can be heard saying, “We won’t confess. We aren’t the progeny of Vinayak Damodar Savarkar but are children of Ambedkar. We will fight back.”

These allegations that the duo was harassed by the NIA to provide their confessional statements were brought up before the NIA court today. Their lawyer, Nihalsing Rathod, argued that the duo had been harassed and cited section 163 of the Code of Criminal Procedure which prohibits any kind of inducement to be offered to the witness or accused.

“You have named my clients in the FIR in 2018, you have called them for questioning time and again. You have already conducted raids at their locations two years ago. To dispel any kind of apprehensions, it would be best that the NIA brings on record the audio and video recording of their interrogation,” Rathod argued in the court.

Also read: After Three Years in Jail, India’s ‘Most Dangerous’ Singers Finally Make Bail

The NIA, however, claimed that it has not recorded the interrogation. Incidentally, the agency had also summoned Rathod for “inquiry” on September 7. Like Rathod, several other lawyers involved in the defence in the case have been summoned for questioning. They have all termed the NIA’s move as an attack on their privilege to access important information about the clients they are representing in the case.

This is not the first time that Gorkhe and Gaichor have been arrested. In a similar accusation, they were arrested in 2013, by the state ATS under the then Congress-NCP government, and had to spend four years in jail before they were granted bail. It has been over seven years and the case is still pending before the trial court. Jagtap, who was named in the earlier FIR, was not arrested then.  

Arrests so far

All arrested accused have been booked under several sections of the Unlawful Activities (Prevention) Act, along with sections of the Indian Penal Code. Before the KKM activists, the Pune police and NIA have together arrested 12 activists, lawyers, and academics from various parts of the country. Most of them have maintained that they had no role to play in the Elgar Parishad and had, in fact, never visited Bhima Koregaon in their lives.

The first round of arrests in the Elgar Parishad case had begun in June 2018, with the arrests of Sudhir Dhawale, a writer and Mumbai-based Dalit rights activist, Surendra Gadling, a UAPA expert and lawyer from Nagpur, Mahesh Raut, a young activist on displacement issues from Gadchiroli, Shoma Sen, a university professor and head of the English literature department at Nagpur University, and Rona Wilson, a Delhi-based prisoners’ rights activist.

Also read: Rights Bodies Urge President Kovind to Note Several Blatant Human Rights Violations

In the second round of arrests in August 2018, advocates Arun Ferreira and Sudha Bharadwaj, and writers Varavara Rao and Vernon Gonsalves were taken into custody.

After the NIA took over in January this year, they have arrested academics Anand Teltumbde and Hany Babu and activist Gautam Navlakha.

The police have filed two sets of chargesheet so far—the main chargesheet against the first arrestees, followed by a supplementary chargesheet against those arrested in the second round. The NIA is yet to file a chargesheet and in July, was granted 90 days extension to file their chargesheet against Temtumbde and Navlakha. 

Elgar Parishad Case: NIA Arrests Two Kabir Kala Manch Activists

With the arrest of Sagar Gorkhe and Ramesh Gaichor, a total of 14 persons – all academics, lawyers and activists – have been arrested in the 2018 Elgar Parishad case.

Mumbai: After questioning them over several days, the National Investigation Agency (NIA) arrested cultural activists Sagar Gorkhe and Ramesh Gaichor in the Elgar Parishad case. With their arrest, 14 persons – all academics, lawyers and activists – have been arrested in the 2018 Elgar Parishad case in total.

Gorkhe, 32, and Gaichor, 38, both well-known singers and anti-caste activists based in Pune, were part of the ‘Bhima Koregaon Shaurya Din Prerana Abhiyan’ – a banner under which the Elgar Parishad event was organised on December 31, 2017 at Pune’s Shaniwarwada area, known to be a predominantly Brahmin hub. The police, following a complaint by a right- winger Tushar Damgude, had named six persons in the FIR for allegedly trying to incite violence between two communities – the Marathas and Dalits – in Pune.

Both have alleged that the NIA had been forcing them to give statements against those arrested. “We were forced by the NIA to give false statements that we are linked to the underground banned (CPI)- Maoist organisation. They asked us to write a confessional statement seeking forgiveness. The officials also wanted us to implicate others arrested in the case. Since we refused, the NIA is likely to arrest us,” the two claimed in video they had recorded on September 5.

Gaichor, in the video recording further adds, “We aren’t progenies of (Vinayak Damodar) Savarkar but are children of Dr. Ambedkar. We have done nothing, we have always followed the constitution. Confessing to things we have never done is out of the question.”

“This is an intentional tactic to claim that the Elgar Parishad event was a Maoist event. They are forcing us to confess to things we have never been involved in and would late use it against everyone arrested in the case and declare the entire Elgar Parishad event as a Maoist event. It is not acceptable to us and we won’t let that happen,” they claimed in their video statement.

Similar allegations were also made by Delhi University associate professor of English, Hany Babu M.T., who was arrested in the case on July 28.

Gorkhe and Gaichor were named in the FIR all along but had not been arrested. In July this year, they were called for questioning for a few times and then let off. Finally, on September 4, they were called in again.

This is not the first time activists of the Kabir Kala Manch have been targeted. Both Gorkhe and Gaichor, along with several other Dalit Bahujan youths of Maharashtra, were first arrested in 2013 – when the Congress-NCP government was in power in the state – and booked under the stringent Unlawful Activities (Prevention) Act for alleged links with the banned CPI (Maoist) organisation. Gorkhe and Gaichor were released on bail in 2017 and the case is still pending in Mumbai’s session court.