Maharashtra govt. says pleas by Bhima Koregaon accused are ‘fallacious’
3 years, 5 months ago

Maharashtra govt. says pleas by Bhima Koregaon accused are ‘fallacious’

The Hindu  

The Maharashtra government on Thursday told the Bombay High Court that the plea challenging the order of extending the period of filing a chargesheet in the Bhima Koregaon violence case by the Sessions Court is “fallacious”. He said the petitioners’ contention is that the special NIA court comes into the picture after the UAPA is added. He also said the special NIA court had no jurisdiction to try and decide any pre-trial proceedings, and under the UAPA, the prosecution has no option but to go to the Sessions Court. In the last hearing, advocate Yug Chaudhry representing Ms. Bharadwaj, who is lodged at the Byculla jail, had pointed out that Mr. Wadane passed two significant orders, the first of which was on November 26, 2018, when he granted an extension of 180 days’ time period to the Pune police for filing the chargesheet in the case, as opposed to the mandated 90 days according to the Code of Criminal Procedure.

Court Case Special Nia Special Courts Wadane  wadane  sessions  accused  maharashtra  case  uapa  special  picture  chargesheet  pune  bhima  fallacious  pleas  koregaon  court  nia  govt

History of this topic

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 weeks, 4 days ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members
2 months ago

NIA Files 17 Appeals to Challenge Kerala High Court Order on PFI Members

Deccan Chronicle  

National Investigation Agency (NIA) has filed 17 separate appeals regarding the Kerala High Court order granting bail to 17 members of the banned Popular Front of India (PFI). The high court's order imposed stringent conditions on their bail, including sharing mobile numbers and real-time GPS locations with the investigating officer, surrendering passports, and remaining within Kerala.

'Not Same Transaction': Delhi High Court Rejects Convict's Plea Seeking Concurrent Running Of Sentences In UAPA Cases
6 months, 2 weeks ago

'Not Same Transaction': Delhi High Court Rejects Convict's Plea Seeking Concurrent Running Of Sentences In UAPA Cases

Live Law  

The Delhi High Court yesterday dismissed a plea moved by a convict seeking concurrent running of his jail terms in two UAPA cases, observing that the offences committed by him did not form part of the same transaction. Justice Swarana Kanta Sharma dismissed the plea moved by Mohsin Ibrahim Sayyed who was convicted by NIA courts in Greater Bombay and …

2008 Malegaon blast: Top Court stays trial against accused on issue of UAPA sanction
7 months, 3 weeks ago

2008 Malegaon blast: Top Court stays trial against accused on issue of UAPA sanction

India Today  

The Supreme Court on Tuesday stayed the trial against Sameer Sharad Kulkarni, one of the accused in the 2008 Malegaon bomb blast case, and prima-facie agreed that the National Investigation Agency had not obtained the requisite sanction in 2011 from the then Central government before filing the chargesheet. Kulkarni in his appeal has challenged the trial in the Special NIA …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Special NIA Court Cancels Bailable Warrant Issued Against BJP MP Pragya Singh Thakur In 2008 Malegaon Blast Case
9 months ago

Special NIA Court Cancels Bailable Warrant Issued Against BJP MP Pragya Singh Thakur In 2008 Malegaon Blast Case

Live Law  

The Special NIA Court on Friday cancelled the bailable warrant it issued against BJP MP Pragya Singh Thakur, a prime accused in the Malegaon 2008 blast case, after she appeared before the court. Considering Thakur's “ill-health” and after perusing her “medical papers,” the court cancelled the bailable warrant. Pragya Singh Thakur, who is currently serving as a BJP Member of …

Bhima Koregaon Case | 'Don't Need Shoma Sen In Custody Anymore': NIA Tells Supreme Court; Oral Arguments In Bail Plea Concluded
9 months, 1 week ago

Bhima Koregaon Case | 'Don't Need Shoma Sen In Custody Anymore': NIA Tells Supreme Court; Oral Arguments In Bail Plea Concluded

Live Law  

In a significant development, the National Investigation Agency made a surprising admission in the Supreme Court this week regarding former Nagpur University professor and Bhima Koregaon-accused Shoma Sen. The top court issued notice in Sen's special leave petition in May last year, along with co-accused Jyoti Jagtap's bail plea. The apex court heard Additional Solicitor General Nataraj's argument against the …

SC rejects Maha govt's plea challenging G N Saibaba's acquittal
9 months, 1 week ago

SC rejects Maha govt's plea challenging G N Saibaba's acquittal

New Indian Express  

NEW DELHI: The Supreme Court on Monday rejected a Maharashtra government application seeking a stay on a Bombay High Court order that acquitted former Delhi University professor G N Saibaba and others in the Maoist links case. A two-judge bench of the top court, headed by Justice B R Gavai and also comprising Justice Sandeep Mehta, although, admitted the state …

NIA Court Directs Appearance Of BJP MP Pragya Thakur In Connection With Malegaon Blast Case, Warns Of 'Necessary Steps' On Failure To Comply
9 months, 3 weeks ago

NIA Court Directs Appearance Of BJP MP Pragya Thakur In Connection With Malegaon Blast Case, Warns Of 'Necessary Steps' On Failure To Comply

Live Law  

A special National Investigation Agency court in Mumbai recently directed BJP MP Pragya Singh Thakur, an accused in the 2008 Malegaon blast case, to appear before it starting from Tuesday for the recording of statements. Thakur, along with eleven others, is facing trial in the case under various sections of IPC, Unlawful Activities Prevention Act, Explosive Substances Act, Indian Arms …

Bhima Koregaon | Does Jyoti Jagtap's Case Fit 'Formula' in Which Vernon Gonsalves and Arun Ferreira Were Granted Bail? Supreme Court Asks
1 year, 4 months ago

Bhima Koregaon | Does Jyoti Jagtap's Case Fit 'Formula' in Which Vernon Gonsalves and Arun Ferreira Were Granted Bail? Supreme Court Asks

Live Law  

Deciding the bail application of activist and Bhima Koregaon-accused Jyoti Jagtap would involve a determination of whether her case 'fits the formula' in which the bail pleas of co-accused Vernon Gonsalves and Arun Ferreira were decided, the Supreme Court orally observed on Tuesday, while adjourning Jagtap's bail hearing until September 21. Background Jyoti Jagtap, an activist and member of cultural …

Two lawyers move Bombay High Court for case against cops who assaulted them
1 year, 6 months ago

Two lawyers move Bombay High Court for case against cops who assaulted them

India Today  

Two lawyers who were assaulted inside the Antop Hill police station in Mumbai last month have taken their case to the Bombay High Court. Advocates Sadhana Yadav and Harikesh Mishra have filed a plea seeking the registration of an FIR against Senior police officer Nasir Kulkarni and other personnel who were on duty at the time. The petition alleges that …

UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order
1 year, 9 months ago

UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order

Live Law  

The Supreme Court on Monday reserved its verdict in an appeal filed by activist-turned-politician Akhil Gogoi against the Gauhati High Court’s decision to set aside the order of the trial court which discharged him from a case under under the Unlawful Activities Act, 1967. Therefore, he urged the top court to first, modify the high court’s order to the extent …

Pendency Of NIA Cases In Designated Special Courts: Delhi High Court Seeks MHA’s Response
1 year, 10 months ago

Pendency Of NIA Cases In Designated Special Courts: Delhi High Court Seeks MHA’s Response

Live Law  

The Delhi High Court has sought response of Ministry of Home Affairs on a plea highlighting the pendency of cases registered under National Investigation Agency Act in two designated special courts of the national capital.At present, the NIA cases in Patiala House Courts are being heard by two special courts i.e. The Delhi High Court has sought response of Ministry …

UAPA Case| ‘Prima Facie His Counsel Wasn’t Heard’: Allahabad HC Directs NIA Court To Decide Siddique Kappan's Discharge Plea Afresh
1 year, 11 months ago

UAPA Case| ‘Prima Facie His Counsel Wasn’t Heard’: Allahabad HC Directs NIA Court To Decide Siddique Kappan's Discharge Plea Afresh

Live Law  

The Allahabad High Court has directed the special NIA Court in Lucknow, trying the UAPA Case against Kerala Based journalist Siddique Kappan, to decide his discharge plea AFRESH after giving an opportunity of hearing to his counsel. The bench of Justice Shree Prakash Singh passed this order on Monday after observing that the Trial Court had, while proceeding to frame …

Bhima Koregaon: Bombay High Court Grants Liberty To Accused Professor Shoma Sen To Approach Special NIA Court For Bail
1 year, 11 months ago

Bhima Koregaon: Bombay High Court Grants Liberty To Accused Professor Shoma Sen To Approach Special NIA Court For Bail

Live Law  

Bombay High Court on Tuesday disposed of Bhima Koregaon - Elgar Parishad accused Professor Shoma Sen’s bail application with liberty to approach the trial court. The division bench of Justice AS Gadkari and Justice PD Naik took note of the chargesheet filed against Sen subsequent to the Pune sessions court order denying bail. In the bail plea, Sen claimed that …

Bombay High Court issues notice to NIA to reply to Surendra Gadling’s appeal in Bhima Koregaon case
1 year, 11 months ago

Bombay High Court issues notice to NIA to reply to Surendra Gadling’s appeal in Bhima Koregaon case

The Hindu  

The Bombay High Court on Wednesday issued notice to the National Investigation Agency to file a reply in the appeal rejecting the default bail of advocate Surendra Gadling, accused in the Bhima Koregaon caste violence case of 2018. Naik was hearing a criminal appeal filed by Mr. Gadling, who was arrested on June 6, 2018 and is currently lodged at …

Bhima Koregaon case: SC rejects NIA’s plea to cancel Anand Teltumbde’s bail
2 years ago

Bhima Koregaon case: SC rejects NIA’s plea to cancel Anand Teltumbde’s bail

Live Mint  

The Supreme Court of India has dismissed national Investigation agency 's plea to cancel bail granted to Dalit rights activist and scholar Anand Teltumbde. On Friday, bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli said it would not interfere with the Bombay High Court order granting bail to Teltumbde. However, the bench of justices including the …

Supreme Court dismisses NIA’s plea against Anand Teltumbde’s bail
2 years ago

Supreme Court dismisses NIA’s plea against Anand Teltumbde’s bail

Hindustan Times  

The Supreme Court on Friday dismissed National Investigation Agency’s petition against the bail granted to Anand Teltumbde in the case related to alleged inflammatory speeches made at Elgar Parishad conclave in Pune’s Bhima-Koregaon on December 31, 2017. {{^usCountry}} {{/usCountry}} The bench rejected the agency’s plea to set aside the Bombay high court bail order on November 18. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} …

Bhima Koregaon Case: Special NIA Court Refuses Bail Plea Of Activist Gautam Navlakha
2 years, 3 months ago

Bhima Koregaon Case: Special NIA Court Refuses Bail Plea Of Activist Gautam Navlakha

News 18  

A special NIA court here on Monday rejected the bail plea of activist Gautam Navlakha, an accused in the Elghar Parishad-Maoist links case. Special judge Rajesh J Katariya on Monday rejected Navlakha’s bail plea. The case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave, held at Shaniwarwada in Pune on December 31, 2017, which police claimed triggered …

Bhima Koregaon Case : Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months
2 years, 4 months ago

Bhima Koregaon Case : Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

Live Law  

The Supreme Court on Thursday asked the Special NIA Court to decide on framing charges in the Bhima Koregaon case within a period of three months. The bench also directed the National Investigation Agency to take apt steps to segregate trial of activist Gonsalves from other accused persons who are absconding in the Bhima Koregaon case. In 2019, the Bombay …

"When Will Trial Start?", "How Will Letters Be Proved?", Supreme Court Asks NIA In Bhima Koregaon Case
2 years, 4 months ago

"When Will Trial Start?", "How Will Letters Be Proved?", Supreme Court Asks NIA In Bhima Koregaon Case

Live Law  

While hearing Varavara Rao's bail application, the Supreme Court on Wednesday posed a host of queries to the National Investigation Agency on the Bhima Koregaon case, in which the agency has kept in custody several persons from academic-activist backgrounds on UAPA charges over alleged links with banned Maoist organization.A bench comprising Justices UU Lalit, Aniruddha Bose and Sudhanhsu. While hearing …

Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling's Statement In PMLA Case
2 years, 4 months ago

Special NIA Court Allows ED To Record Bhima Koregaon Accused Surendra Gadling's Statement In PMLA Case

Live Law  

The Special NIA Court has allowed the Enforcement Directorate to record accused-advocate Surendra Gadling's statement in a money laundering case registered last year against certain accused in the Bhima Koregaon – Elgar Parishad Case. Special Judge Rajesh Katariya passed the order on ED's plea seeking to record Gadling's statement under section 50 of the PMLA Act inside Taloja Prison. "He …

Malegaon Blast Case: Supreme Court Asks Bombay High Court To Expeditiously Decide Lt Col Purohit's Plea
2 years, 4 months ago

Malegaon Blast Case: Supreme Court Asks Bombay High Court To Expeditiously Decide Lt Col Purohit's Plea

Live Law  

The Supreme Court on Monday requested the Bombay High Court to expedite the hearing in the petition filed by Lt Col Prasad Purohit seeking the quashing of the sanction granted to prosecute him in the 2008 Malegaon blast case.Purohit had approached the Supreme Court challenging his prosecution in the case. The Supreme Court on Monday requested the Bombay High Court …

Two Designated Courts For NIA Cases, Hearing Done Only By One: Delhi High Court Told; Status Report Sought
2 years, 4 months ago

Two Designated Courts For NIA Cases, Hearing Done Only By One: Delhi High Court Told; Status Report Sought

Live Law  

The Delhi High Court has recently been informed that while there are two designated courts especially dealing with cases under the National Investigation Agency Act, hearing is being done only by one Court. Justice Jasmeet Singh, who was hearing a plea raising the issue of long pendency of cases under the NIA Act, sought further status report from the authorities …

Bombay HC to keep tabs on 2008 Malegaon blast trial
2 years, 5 months ago

Bombay HC to keep tabs on 2008 Malegaon blast trial

India Today  

The Bombay High Court has directed the special National Investigation Agency court in Mumbai to submit a fortnightly report on the progress of the trial in the Malegaon 2008 blast case. The special NIA court in Mumbai where the Malegaon 2008 blast trial is going on, deals with only this one case and no other case is ever given to …

Malegaon Blast Case : 218 Witnesses Yet To Be Examined, Says NIA; Bombay High Court Seeks Fortnightly Report On Progress Of Trial
2 years, 5 months ago

Malegaon Blast Case : 218 Witnesses Yet To Be Examined, Says NIA; Bombay High Court Seeks Fortnightly Report On Progress Of Trial

Live Law  

The Bombay High Court on Wednesday asked the Special NIA Court to submit a fortnightly report on the progress of the trial in the Malegaon 2008 blast involving BJP MP Pragya Singh Thakur and Lt. Col. Prasad Purohit. A division bench of Justices Revati Mohite Dere and V G Bisht further asked the NIA to keep at least two witnesses …

Bhima Koregaon Case : Supreme Court Extends Interim Protection Of Varavara Rao; Adjourns Bail Plea To July 19
2 years, 5 months ago

Bhima Koregaon Case : Supreme Court Extends Interim Protection Of Varavara Rao; Adjourns Bail Plea To July 19

Live Law  

A bench comprising Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia granted the adjournment at a request made by Solicitor General of India, Tushar Mehta. The SG requested for adjournment and agreed that the interim protection given by the Bombay High Court to Rao from surrender, which is expiring today, can be extended. Rao has approached the Supreme Court …

Malegaon blast case: Court rejects plea seeking cancellation of accused's bail who had travelled to Nepal
2 years, 5 months ago

Malegaon blast case: Court rejects plea seeking cancellation of accused's bail who had travelled to Nepal

India Today  

A special NIA court in Mumbai has dismissed a plea seeking cancellation of bail of Swami Amrutanand Devte alias Shankaracharya, one of the accused in the 2008 Malegaon blast case. The application stated that Shankaracharya had travelled to Nepal without prior permission of the special court which is a violation of the bail condition imposed on him by the court, …

Bombay High Court Seeks Status Report On 2008 Malegaon Blast Case From Trial Court, NIA
2 years, 5 months ago

Bombay High Court Seeks Status Report On 2008 Malegaon Blast Case From Trial Court, NIA

Live Law  

The Bombay High Court has directed the Special NIA court to submit a status report on the Malegaon 2008 blast trial against BJP MP Pragya Singh Thakur and Lieutenant Colonel Prasad Purohit and five others. A division bench of Justices Revati Mohite Dere and V G Bisht also directed the National Investigation Agency to file an affidavit within two weeks …

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC
2 years, 7 months ago

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC

Live Law  

The Delhi High Court has observed that an accused cannot, as a matter of right claim de novo trial, except where he is able to show and prove his claim of ineffectiveness of counsel's assistance and his representation falling below an objective standard of reasonableness, to the satisfaction of the court. The instant plea filed by the accused sought directions …

Contempt plea against Maharashtra govt for not following court orders pertaining to new land for Bombay HC
2 years, 9 months ago

Contempt plea against Maharashtra govt for not following court orders pertaining to new land for Bombay HC

India Today  

A lawyer from Mumbai has moved the Bombay High Court seeking issuance of contempt against Maharashtra government authorities for non-compliance of an order pertaining to allotting of land for the new building of the high court. Earlier order Abdi stated that while hearing a public interest litigation filed by him in 2012 seeking a new building with fixtures and annexures …

Allahabad High Court Seeks UP Govt's Counter Affidavit On Siddique Kappan Bail Plea By March 14
2 years, 9 months ago

Allahabad High Court Seeks UP Govt's Counter Affidavit On Siddique Kappan Bail Plea By March 14

Live Law  

The Allahabad High Court has sought the response of the Uttar Pradesh Government on the bail plea filed by Kerala journalist Siddique Kappan in connection with the Sedition, UAPA case registered against him in the alleged Hathras conspiracy case and which is pending before the NIA Court in Lucknow.The Bench of Justice Rajesh Singh Chauhan has listed the case for …

NIA Act, 2008-Supreme Court To Consider Plea By Kin Of 2007 Mecca Masjid Mosque Bomb Challenging Proviso To Section 21(5)
2 years, 11 months ago

NIA Act, 2008-Supreme Court To Consider Plea By Kin Of 2007 Mecca Masjid Mosque Bomb Challenging Proviso To Section 21(5)

Live Law  

The Supreme Court today considered the Special Leave Petition filed by the kin of 2007 Mecca Masjid Mosque Bomb blast seeking to declare proviso to section 21 of the NIA Act, 2008 as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of India.The bench of Justices SK Kaul and MM Sundresh while granting leave in their …

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail
3 years ago

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

Live Law  

The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC's order denying them bail. The 8 accused - Sudhir Dhawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira -approached the High Court …

NIA court orders Bharadwaj’s release on ₹50,000 cash surety
3 years ago

NIA court orders Bharadwaj’s release on ₹50,000 cash surety

Hindustan Times  

A special National Investigation Agency court in Mumbai on Wednesday ordered activist Sudha Bharadwaj, an accused in the 2018 Bhima Koregaon case, be released from jail after furnishing a surety amount of ₹50,000. Bharadwaj, who was arrested in 2018, is currently at the Byculla women’s prison in Mumbai The development came a day after the Supreme Court dismissed the NIA’s …

Special NIA Court Paves Way For Sudha Bharadwaj's Release in Bhima Koregaon Case, Sets Bail Conditions
3 years ago

Special NIA Court Paves Way For Sudha Bharadwaj's Release in Bhima Koregaon Case, Sets Bail Conditions

Live Law  

A special NIA Court on Wednesday decided the bail conditions to be imposed on Bhima Koregaon- Elgar Parishad accused Sudha Bharadwaj. The Bombay High Court granted Bharadwaj default bail on a finding that. The Bombay High Court granted Bharadwaj default bail on a finding that the Additional Sessions Court, Pune, which extended the time for investigation in the case beyond …

SC rejects NIA plea against bail to Sudha Bharadwaj
3 years ago

SC rejects NIA plea against bail to Sudha Bharadwaj

Hindustan Times  

The Supreme Court on Tuesday dismissed the National Investigation Agency ’s petition against the bail granted by the Bombay high court to activist Sudha Bharadwaj, an accused in the Bhima Koregaon violence case, as it affirmed that only a special court was competent to give more time to the agency to complete its investigation in the 2018 case. SC has …

SC to Consider Listing NIA's Plea Against Bombay HC Order Granting Default Bail to Sudha Bharadwaj
3 years ago

SC to Consider Listing NIA's Plea Against Bombay HC Order Granting Default Bail to Sudha Bharadwaj

News 18  

The Supreme Court Monday said it would consider submissions seeking urgent hearing of NIA's plea challenging the Bombay High Court order granting default bail to lawyer-activist Sudha Bharadwaj who was arrested in the Elgar Parishad-Maoist links case in August 2018 under the provisions of stringent Unlawful Activities Act. The National Investigation Agency had moved the top court earlier against the …

NIA Seeks Urgent Listing Of Petition Filed In Supreme Court Against Default Bail Granted To Sudha Bharadwaj
3 years ago

NIA Seeks Urgent Listing Of Petition Filed In Supreme Court Against Default Bail Granted To Sudha Bharadwaj

Live Law  

The National Investigation Agency on Monday sought the urgent listing of the petition filed by it challenging the Bombay High Court's order granting default bail to lawyer-activist Sudha Bharadwaj in the Bhima Koregoan case.Solicitor General of India Tushar Mehta mentioned NIA's petition before the Chief Justice of India today morning. The National Investigation Agency on Monday sought the urgent listing …

Will the Sudha Bharadwaj Bail Order Affect the Bhima Koregaon Case as a Whole?
3 years ago

Will the Sudha Bharadwaj Bail Order Affect the Bhima Koregaon Case as a Whole?

The Quint  

As soon as the Bombay High Court held on 1 December that Sudha Bharadwaj, the reputed activist and lawyer who is an accused in the Bhima Koregaon case, was entitled to be released on default bail, certain questions became inevitable. Secondly, will the Supreme Court stay the high court's order before Bharadwaj is produced in the special NIA court in …

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court
3 years ago

Bhima Koregaon Case - Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction : Bombay High Court

Live Law  

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under the provisions of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail. "In the case …

NIA Act- Division Bench Of High Court Should Hear Revision Petition Against Special Court Order : Supreme Court
3 years, 1 month ago

NIA Act- Division Bench Of High Court Should Hear Revision Petition Against Special Court Order : Supreme Court

Live Law  

Holding that a revision petition against an order passed by a Special Court under the National Investigation Agency can lie only before a division bench of a High Court, the Supreme Court has set aside an order passed by the Kerala High Court in the case relating to alleged Maoist leader Roopesh.A bench comprising Justices MR Shah and AS Bopanna …

UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail
3 years, 1 month ago

UAPA Case : Supreme Court Grants Bail To Thwaha Fasal, Dismisses NIA's Appeal Against Allan Shuhaib's Bail

Live Law  

The Supreme Court on Thursday restored the Special NIA Court, Kochi's order granting bail to Kerala youth Thwaha Fasal and Allan Shuhaib in a UAPA case over alleged Moist links.The bench of Justices Ajay Rastogi and Abhay Sreeniwas Oka delivered the judgment in the following appeals : The appeal filed by Thwaha Fasal, a journalism student, challenging the judgment of …

Long Pendency Of NIA Cases In Special Courts: Delhi High Court Seeks Reasons For Delay In Trials By Dec 17
3 years, 1 month ago

Long Pendency Of NIA Cases In Special Courts: Delhi High Court Seeks Reasons For Delay In Trials By Dec 17

Live Law  

The Delhi High Court has granted further time to its Registry for filing response with regards to the pendency of NIA cases in designated special courts in the national capital along with the reason for delay in the trials in such cases.The development came from the court of Justice Mukta Gupta while hearing a plea filed by an accused Manzer …

Bhima Koregaon Violence: Bombay High Court Grants NIA Time To Respond In Anand Teltumbde's Bail Appeal
3 years, 2 months ago

Bhima Koregaon Violence: Bombay High Court Grants NIA Time To Respond In Anand Teltumbde's Bail Appeal

Live Law  

The Bombay High Court on Wednesday granted the National Investigation Agency two weeks to respond to Dalit scholar Anand Teltumbde's bail appeal. Teltumbde has filed two petitions; the first is an appeal against the special court's order rejecting his bail application and the second is a petition challenging the constitutional validity of certain provisions of the Unlawful Activities Act. Regarding …

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon
3 years, 3 months ago

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

Live Law  

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon - Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail. The accused have filed the appeal against the Sessions court's order rejecting the default bail application under Section 167 …

Bombay High Court Rejects Surendra Gadling's Bail Plea In 2016 Case, May Halt Release For Mother's Funeral Rites
3 years, 4 months ago

Bombay High Court Rejects Surendra Gadling's Bail Plea In 2016 Case, May Halt Release For Mother's Funeral Rites

Live Law  

UPDATE at 7.40 PM, August 12 : Bhima Koregaon Accused Surendra Gadling Granted Temporary Bail By Sessions Court in 2016 UAPA Case For Performing Mother's Funeral Rites Two days before the accused Advocate Surendra Gadling was meant to participate in his mother's funeral rites, the Nagpur Bench of the Bombay High Court has refused him bail in a 2016 case …

Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj's Plea For Default Bail
3 years, 4 months ago

Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj's Plea For Default Bail

Live Law  

The Bombay High Court on Wednesday reserved its order on lawyer-activist Sudha Bharadwaj's default bail plea in the 2018 Bhima Koregaon – Elgar Parishad caste violence case. The bench had earlier observed that the HC's records were consistent with Bharadwaj's RTI documents demonstrating that the Pune Judge was not notified as a Special Court under the NIA Act. Therefore, the …

Bhima Koregaon case: NIA opposes Sudha Bharadwaj's default bail plea in Bombay HC
3 years, 4 months ago

Bhima Koregaon case: NIA opposes Sudha Bharadwaj's default bail plea in Bombay HC

India Today  

The National Investigation Agency has opposed the bail plea of Elgar Parishad accused Sudha Bharadwaj. A rights activist, Sudha Bharadwaj, has moved the Bombay High Court for default bail in the Bhima Koregaon case. No valid default bail plea filed: ASG Opposing the bail plea, ASG Anil Singh argued that for Sudha Bharadwaj to take the benefit of the default …

'May Be An Irregularity, Not An Illegality' : Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Bhima Koregaon Case
3 years, 5 months ago

'May Be An Irregularity, Not An Illegality' : Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Bhima Koregaon Case

Live Law  

The State submitted that in her entire petition Bharadwaj hasn't averred at a single place that she was "denied justice" because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and other accused on February 21, 2019. And the definition of "court" under the Act "means a criminal court having …

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