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#BombayHighCourt is hearing the pleas filed by #ElgarParishadcase accused Rona Wilson and Shoma Sen seeking quashing of the chargesheet against them, alleging fraudulent evidence gathered by #NIA.

Hearing before Bench of Justices SS Shinde and NJ Jamadar.

@NIA_India Image
Sr Adv Indira Jaising gives a brief overview of the matter.

She shows the history of the #elgarparishad event. She points out that days following the event, there was an incident of violence recorded.

Jaising: The question is who was responsible for the violence?
Jaising: This is a case of cross-FIRs. There were 22 FIRs registered after the violence took place. This is a case of simplicter violence and not UAPA. That occurred because the people were restricted from paying their respect.
Read 36 tweets
#BombayHighCourt bench of Justices S S Shinde & N J Jamadar hearing a plea filed by now deceased #StanSwamy, who had sought interim bail on medical grounds.

Sr Adv Mihir Joshi for Swamy
ASG Anil Singh for #NIA
Aruna Pai, Chief Prosecutor for state
Desai: Our prayer is limited to four issues.
Fr Frazer Mascarenhas be allowed to participate in Magistrate enquiry in #StanSwamy's custodial death enquiry.
@India_NHRC guidelines on custodial death be followed.
Since he died in #Mumbai enquiry should be done here
Desai: Lastly, the enquiry report be submitted before this court.

ASG Singh: Only two point submissions from our end. Let the enquiry be conducted as per law. No need to follow any guidelines as the law mandates an enquiry.

#BombayHighCourt
Read 18 tweets
#Bombayhighcourt to start hearing in petition by #SurendraGadling challenging transfer of the investigation in #ElgarParishad case from Pune police to #NIA
Senior Counsel Indira Jaisingh appearing for #SurendraGadling
Befoire Justices SS Shinde and NJ Jamdar
Seeking temporary bail for #SurenderGadling for first death anniversary for his mother.
Court - Have you filed affidavit as instructed last time.
Jaisingh - Served on July 8 to NIA. I have an acknowledgement.

Additional Solicitor General Anil Singh for Union Govt. I have filed my affidavit.
Read 6 tweets
#BombayHC bench led by Justice Sambhaji Shinde is hearing criminal appeals filed by @SadhviPragya_MP and #ColPurohit challenging the orders of special court dismissing their discharge applications.

#2008MalegaonBombBlast case.
Adv Shrikant Shivade for Purohit
Sr Adv Bhallu Desai for intervenor victim of the blast
SPP Sandesh Patil for #NIA
Accused Sameer Kulkarni appearing in person.

#2008MalegaonBombBlast
#BombayHC
"Let the matter be heard in open court instead of virtual court. All the accused are already out on bail. Even if Shivade wants to argue on a small point, that is also a complicated legal issue. Thus, I would pray for an open court hearing," asserts Desai

#BombayHighCourt
Read 26 tweets
#BombayHC bench of Justices Sambhaji Shinde and Nizamoodin Jamadar will shortly hear criminal appeals filed by @SadhviPragya_MP and #ColPurohit challenging the orders of special court dismissing their discharge applications.

#2008MalegaonBombBlast case.
Adv Shrikant Shivade for Purohit
Sr Adv Bhallu Desai for intervenor victim of the blast
SPP Sandesh Patil for NIA
Accused Sameer Kulkarni appearing in person.

#2008MalegaonBombBlast case

#BombayHC
Desai: Let the matter be heard in open court instead of virtual court. All the accused are already out on bail.

Even if Shivade want to argue on a small point, that is also a complicated legal issue. Thus I would pray for an open court hearing.

#2008MalegaonBombBlast
Read 26 tweets
#BombayHC Bench led by Justice Sambhaji Shinde is hearing petition filed by Late Fr Stan Swamy, seeking interim bail.

Adv Mihir Desai for Swamy

Adv Sandesh Patil for NIA.

#bombayhighcourt
#fatherstanswamy
Desai - We are now concerned with the Magistrate enquiry under section 176 CrPC. The next of the kin may be allowed to participate in the enquiry.

May Fr Mascarenhas be allowed through his counsel.

#BombayHC #StanSwamy
"We are speechless outside (of the court). You (Desai) can clear the position out that we have always agreed with you."
Justice Shinde points out that the HC bench led by him has been agreeing to the requests of #Swamy right from day one to get medical attention.

#bombayhc
Read 13 tweets
#BombayHC Bench led by Justice Sambhaji Shinde is hearing petition filed by Late Fr Stan Swamy, seeking interim bail.

Adv Mihir Desai for Swamy

Adv Sandesh Patil for NIA.
Desai: We are now concerned with the Magistrate enquiry under section 176 CrPC. The next of the kin may be allowed to participate in the enquiry.

May Fr Mascarenhas be allowed through his counsel.

#BombayHC #StanSwamy
Justice Shinde points out that the HC bench led by him has been agreeing to the requests of Swamy right from day one to get medical attention. We are speechless outside (of the court). You (Desai) can clear the position out that we have always agreed with you.

#BombayHC
Read 11 tweets
#BombayHC bench of Justices Sambhaji Shinde and Nizamoodin Jamadar to shortly hear pleas filed by @SadhviPragya_MP, Lt Col. Shrikant Purohit n other accused in the #2008MalegaonBlast case seeking discharge from the case.
Adv Shrikant Shivade for Purohit. Special counsel Sandesh Patil for #NIA. Adv Nadeem Shaikh for victim Nisar Bilal and accused Sameer Kulkarni appears in person.

Bench seeks to know from Shivade as to how much time would he need to argue his case.

#BombayHC #MalegaonBlast
Shivade: certain documents have been made available after the lower court passed orders refusing to discharge my client. I pray that the matter be remitted back to the special court and a fresh hearing be held. Let the special court consider the fresh documents.
#BombayHC
Read 7 tweets
#BombayHC bench of Justices Sambhaji Shinde and Nizamoodin Jamadar will hear pleas filed by Rona Wilson and Shoma Sen, both relying on a US based forensic lab report that stated the incriminating material found in Wilson's computer was actually planted on his PC.
#BhimaKoregaon
Sr Adv Indira Jaisingh for Rona Wilson, Sr Adv Anand Grover for Shoma Sen.
ASG Anil Singh for #NIA

There's some audio issue at Jaisingh's end. Bench asks her to adjust her audio device.
Jaisingh - Maharashtra govt has filed an affidavit. Have gone through it. Points out that she has submitted a list of dates pertaining to the matter.

ASG - Five minutes back, I have received two compilations, one of 700 pages, one of 100 pages.

#BombayHC
Read 9 tweets
#BombayHC bench of Justices Sambhaji Shinde and Nizamoodin Jamadar to shortly hear plea filed by late Fr Stan Swamy, who had sought bail on medical grounds. Swamy died last week. Image
Sr. Adv Might Desai for Swamy
Public Prosecutor Aruna Kamat Pai for state. ASG Anil Singh for #NIA

Desai: He wanted to be cremated so he has been cremated.
#BombayHC #StanSwamy
Pai: A compilation of medical papers pertaining to #StanSwamy has been submitted.

Desai: Holy Family hospital has also submitted the medical papers.

#ASG: We don't have any of these medical papers with us.

#BombayHC
Read 6 tweets
Contd...
8⃣ Serial blasts planned for #15August by Al Q@eda backed terr0rist grp foiled by UP ATS y'day.

9⃣ #lSlS module busted in a joint op by #NIA, IB, RAW, 5 arrested & 9 r being questioned.👏

🔟3 Jamaat-ul-Mujahideen Bangladesh (JMB) terr0rists arrested by Kolkata Police.
The above is a serties of attacks which wr planned by terr0rist grps and watered down by our agnecies.
10 such attempts thwarted!!!

I hv been saying this-- a major pan India attack is being planned. And agencies are being kept on their toes.
Pls b careful!
The above mentioned 9th attempt in which NIA, IB & RAW conducted a joint op-- is one of it's kind.
A MAJOR SUCCESS!👍

Could we have a huge round of applause for our agencies pls.👏👏👏

Frm Al qaeda to LeT all the terr0roist grps are suddenly active. And how!
Read 6 tweets
#Congress-led UPA & #UAPA: In 2008, then Home Minister P Chidambaram pressed for the provision to deny bail unless a court is sure no prima facie exists against the accused.

He told Rajya Sabha: "Broadly what we are doing is imposing restrictions on the path of grant of bail."
"I think some people thought that refusing bail is an unusual provision, but it is not. For heinous crimes, even today bail is refused until the case is completely tried and the court reaches its conclusions. So, there is nothing unusual about it": Chidambaram defending UAPA.
UAPA was amended in 2012 during UPA to expand the definition of person to include an association of persons or body of individuals, whether incorporated or not.

#StanSwamy was booked under this provision by the #NIA to link him with Maoists.
Read 3 tweets
#StanSwamy, bail & the case:

* #StanSwamy was not in #NIA custody even for a day after his arrest in Oct last year

* All along, he was lodged in #Taloja jail which is under the #Maharashtra govt

* The Maharashtra jail didn't have allopathic doctors,had only 3 #ayurveda experts
* #StanSwamy was later diagnosed at JJ Hospital, which is also a #Maharashtra govt hospital

* JJ Hosp gave reports to #BombayHighCourt that Stan's vitals were manageable, not grave

* At one stage, Stan said he didn't want to get admitted in JJ Hosp since they couldn't help him
* Two days later, his lawyers said he was ready to get admitted & #BombayHC shifted #StanSwamy to pvt Holy Family Hospital on May 28

* #NIA opposed his regular bail plea in HC

* While Stan's bail plea remained pending, HC gave priority to his application on medical condition
Read 3 tweets
With #StanSwamy's death, there are now 15 accused in jail for alleged involvment in #BhimaKoregaon case, alleged conspiracy to assassinate Prime Minister #NarendraModi, overthrow govt & wage war against India.
This THREAD takes you govt claims, evidence & profiles of accused
1/7
The 15 are charged under 10 sections of the Indian Penal Code, 1860, and the Unlawful Activities Prevention Act, 1967 (UAPA), whose legal processes, as @abhinavsekhri10's July 2020 analysis showed, render a person’s guilt or innocence irrelevant. article-14.com/post/how-the-u…
2/7
#NIA never sought #StanSwamy's custody, alleged he was "a member of the CPI Maoist” & recd Rs 8 lakh. It said an org for prisoners, which he set up with #SudhaBharadwaj, was a Maoist front. @ChitrangadaC wrote how he served dispossessed for 50 yrs article-14.com/post/why-an-ag…
3/7
Read 7 tweets
Why is #HathrasLobby,upset about #StanSwamy?

Special Judge of NIA Court DE Kothalikar rejected Bail plea of Stan Swamy,who had links with banned #Maoist Organisation

Why is dimwit @RahulGandhi upset at death of Stan Swamy,who wanted to Murder Democracy?

m.timesofindia.com/india/stan-swa…
@INCIndia,#RahulGandhi,his acolytes& #KhanMarketGang need to explain,why so much love for hardcore #Maoist,Stan Swamy,who wanted to overthrow democratically elected govt of the day in India?

#StanSwamy took money from Comrade Mohan for conspiring to act against the Indian State
Case was registered vide FIR No 04/2018 dated 08.01.2018 at PS Vishrambaug,Pune,Maharashtra regarding inciting people&giving provocative speeches during #ElgarParishad organized by activists of #KabirKalaManch on 31.12.2017 at Shanivarwada,Pune

#StanSwamy,lobby,misguiding people
Read 18 tweets
As his bail plea was being heard, Stan Swamy, 84, who used constitutional rights to assist Adivasis, Dalits, undertrials for half a century, died. A Jesuit priest, Swamy was #NIA’s 16th & oldest, arrest in the #BhimaKoregaon case. @ChitrangadaC's profile article-14.com/post/why-an-ag…
“In Father Stan, I found a compassionate person who wanted dignity and self-respect for all Indians,” said Damodar Turi, who helped start an anti-displacement advocacy in 2006 in Jharkhand with people like Swamy. “An ally of the oppressed, from the streets to the courts.”
With no substantive response from central or state govts, Swamy & Turi's research team mapped undertrials in Jharkhand prisons. Travelling, filing right-to-information requests—most unanswered—in each dist, their 2016 report recorded lives of 102 #UAPA undertrials statewide.
Read 7 tweets
#BombayHighCourt to hear #StanSwamy’s plea for temporary bail on medical grounds in the appeal challenging the orders passed by the Special NIA Court rejecting him bail.

Hearing before Justices SS Shinde and NJ Jamadar at 2 pm today.

#ElgarParishad
Hearing begins.

Sr Adv Mihir Desai requests the court to hear Dr. D Souza from the Holy Family Hospital.

Court: We will hear this tomorrow. We just want his report.

#StanSwamy #BombayHighCourt
D Souza: Father Stan Swamy passed away at 1.30 pm today.

#StanSwamy #BombayHighCourt
Read 39 tweets
#BombayHighCourt to hear the pleas filed by #ElgarParishadcase accused Rona Wilson and Shoma Sen seeking quashing of the chargesheet against them, alleging fraudulent evidence gathered by #NIA.

Hearing before Bench of Justices SS Shinde and NJ Jamadar.

@NIA_India
Hearing begins.

ASG Anil Singh submits that NIA will be filing their affidavit in Shoma Sen’s matter.

Chief PP Deepak Thakare seeks 2 weeks time to file affidavit on Pune Police.

#BombayHighCourt
Sr Adv Indira Jaising for submits if this request is being considered, then the entire file pertaining to the sanction required be placed before the Court as the main issue in the petition pertains to the sanction.

#BombayHighCourt
Read 9 tweets
Vacation Court Bench led by Justice SJ Kathawalla of #BombayHighCourt to hear the application of Father Stan Swamy seeking bail on medical grounds in connection to the #ElgarParishadcase of 2018.

@NIA_India
On Wednesday Taloja Central Prison authorities were directed to produce Swamy for the hearing in Court through video conference.

#StanSwamy #BombayHighCourt #ElgarParishadcase

barandbench.com/news/litigatio…
Sr Adv Mihir Desai will appear for Swamy. ASG Anil Singh will appear for #NIA

#StanSwamy #BombayHighCourt #ElgarParishadcase
Read 38 tweets
काल अर्ध्यरात्री हायकोर्टात राज्यसरकार विरुद्ध #CBI केसची सुनावणी झाली !
अनिल देशमुखाविरोधात असलेल्या #FIR मधील 1-वाझेंची नियुक्ती 2-गृहखात्यातील बदल्या हे दोन उतारे #CBI ने वगळावे ही राज्यसरकाची मागणी आहे कारण ह्याने सरकार पडू शकते !
ह्यावरच एक #शॉर्ट_थ्रेड
सर्वप्रकारणाची सुरवात मार्च 2021 ला झाली जेव्हा मनसुख हिरेण ह्यांचा बद्दल विरोधीपक्षनेते देवेंद्र फडणवीसानी विधानसभेच्या बजेट सेशन मध्ये प्रश्न उपस्थित केले ! प्रश्न काय देवेंद्रजींनी सरकारची पुरती पोलखोल केली ! आणि वाझेंचा #CDR च विधानसभे समोर मांडला !!
#CDR त्यांनी विधानसभे समोरच मांडला कारण , विधानसभेत उपस्थित केलेल्या मुद्द्यांवरून त्यांची चौकशी करताच येत नाही !तरीही तत्कालीन गृहमंत्री अनिल देशमुखांनी अकलेचे जाहीर प्रदर्शन करून फडणवीसांनी #CDR कोठून आणला ह्याची चौकशी करू अशी वलग्ना केली जी आता त्यांच्या सारखीच दिसेनाशी झाली !
Read 19 tweets
#BombayHighCourt to hear pleas filed by Rona Wilson and Shoma Sen seeking to quash the respective charges slapped against them by #NIA in connection to the #ElgarParishad event of 2018.

Hearing before Bench of Justices SS Shinde and Manish Pitale.

#ElgarParishadcase
Wilson has sought for SIT to probe the alleged the planting of documents on his computer by using malware.

#ElgarParishadcase

barandbench.com/news/litigatio…
Sen has also contended that the prosecution's case against her is built on evidence which was planted on digital devices belonging to a co-accused Wilson.

barandbench.com/news/litigatio…
Read 13 tweets
#MumbaiPolice cop #SachinWaze remanded to judicial custody till April 23, 2021 in the #AntiliaCase
Adv Sunil Gonsalves appearing for NIA submits that the statement which Waze wanted to give to the court somehow got leaked out in the media despite directions from court to file the same in Court as per procedure under CrPC.

#SachinWaze #AntiliaCase #NIA
Special NIA Court pulled up Waze’s lawyers.

Court: I never said don’t file. I only said proper procedure under CrPC has to be followed. This ought not have happened and this should not happen again.

#AntiliaCase #SachinWaze
Read 6 tweets
#SachinWaze custody with #NIA extended till April 9, 2021 in the case concerning explosive loaded SUV found outside #MukeshAmbani’s residence #antilia.

@NIA_India
The co-accused Vinayak Shinde and Naresh Gor remanded to judicial custody in the #AntiliaCase till April 21.

@NIA_India
The Court has also directed #NIA to “give Waze medical aid and submit the report on April 9” in the application seeking medical attention for his supposedly critical heart condition.
Read 4 tweets
Bench led by Chief Justice Dipankar Datta from #BombayHighCourt to hear the plea filed by former #MumbaiPolice commissioner #ParamBirSingh seeking CBI probe into the allegations made by him against the State Home Minister #AnilDeshmukh today.
Read the details of the plea here: barandbench.com/news/litigatio…
Bench assembles, hearing to begin shortly.

#ParamBirSingh #AnilDeshmukh #NIA #BombayHighCourt
Read 158 tweets

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