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#BombayHighCourt will shortly commence hearing plea filed by #BhimaKoregaon accused #VaravaraRao seeking extension of interim bail and permission to stay in Hyderabad while on bail.

Hearing begins.

Sr Adv Anand Grover points out the facts of the case.

Takes the Court through a list of dates - which includes arrest, the charges against him.

Grover: There was a writ petition for his medical treatment.
A temporary bail was granted with observations that there is no proper treatment in prisons, including lack of allopathy doctors.
Read 22 tweets
Two days before the Prime Minister's announcement imposing the sudden nationwide Covid-19 lockdown in March 2020, Bilal Chero* stepped out of prison for the first time in eleven years. He had been arrested in 2009 on what is commonly called in Jharkhand as 'Maobadi charges'.
Before his arrest he was just another villager subsisting by farming on his patch of land in a forested region in West Singhbhum, an area where the "party waale" [CPI (Maoist)] would come and go. "They were armed. If we didn't give them food and water, they'd kill us, you know?"
Suddenly he was informed that there was a "Naxali" case against him, and he was arrested on 22 charges including the #UAPA and Section 17 of the Criminal Law Amendment Act (association w a banned party). Meanwhile his wife & brother were killed in a security sweep of the region.
Read 15 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.

Read 18 tweets
#BombayHighCourt to continue hearing posthumously the bail pleas filed by Bhima Koregaon accused Father #StanSwamy kept pending to ascertain the veracity of claims of negligence by NIA and Taloja Prison Authorities towards Swamy’s health.

Bench of Justices SS Shinde and NJ Jamadar to hear the pleas.

Sr Adv Mihir Desai to appear for Swamy.

ASG Anil Singh to appear for NIA.

Chief PP Aruna Pai to appear for State of Maharashtra.

#BombayHighCourt #StanSwamy
Hearing begins.
Read 37 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.

Read 11 tweets
#BombayHighCourt to hear the appeals filed by Father #StanSwamy (who has now passed away) challenging the rejection of bail (on merits and medical grounds) by the Special NIA Court, Mumbai.

Hearing before Justices SS Shinde and NJ Jamadar.

Sr Adv Mihir Desai: I am only seeking limited reliefs. We are concerned with magistrate enquiry.
1. That the next of kin should be allowed to participate that is mentioned in the section..

Court: But who will participate?

#ElgarParishad #BombayHighCourt
Desai: Fr Mascerenhas will participate. He is his friend.

#ElgarParishad #BombayHighCourt
Read 25 tweets
#BombayHighCourt is hearing the appeals filed by late Father #StanSwamy challenging the rejection of bail (on merits and medical grounds) by the Special NIA Court, Mumbai.

Sr Adv Mihir Desai informs the Court that the funeral was conducted and Swamy was cremated as was his wish.

Court informs the lawyers that they have received a medical report from the Holy Family Hospital, Bandra.

#BombayHighCourt #StanSwamy
Chief PP Aruna Pai informs the Court that she has tendered a compilation which includes medical reports from Taloja hospital till his post mortem report.

#BombayHighCourt #StanSwamy
Read 7 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.

Read 6 tweets
Father #StanSwamy, a maoist sympathizer, died a few days ago.
Former Principal of St. Stephen's, Valson Thampu, wrote a letter praising Fr Swamy & accused the government of ''institutional murder'

Let's bust his agenda point by point.

THREAD below !!
Please like & share !!
Claim: Stan Swamy was a poor, sick, old man, who posed no threat to the Indian state

Counter: He was a dangerous Maoist Sympathiser who was actively involved in the conspiracy to overthrow legitimately elected Indian government
Claim: He was unjustly denied bail, treated inhumanely & literally pushed to death

Counter: Bombay HC, while rejecting bail, observed that he is accused of belonging to a 'terrorist organisation
Read 5 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
Yesterday #StanSwamy died, after eight months in prison conditions that exacerbated his Parkinson's. He was one of the jailed human-rights advocates aka #BhimaKoregaon 16.
The story of the evidence against them is... amazing and bizarre, and is worth going over. A thread.
2. After the first arrests in June of 2018, police began to leak sensational 'electronic evidence' – letters found on the activists' laptops, which showed their links to Maoist guerillas. The most shocking letter even proposed a plot to assassinate Prime Minister Modi.
3. The letters were strangely explicit: Conspirators used each others' real names, instead of aliases as Maoists typically do.
They openly detailed requirements for arms and planned attacks, without using code-words.
Read 27 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
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.…
#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…
Read 7 tweets
Stan Swamy is dead. Sudha Bhardwaj is still in jail. She has been there since August 2018. A lady who gave up American citizenship to fight for the rights on the underdog. A labour activist who dedicated her life to helping others and stood against the powerful to do so.
When she was arrested she was getting ready to teach a course at NLU Delhi. After her arrest she was honoured by Harvard. Even if you don’t agree with what she fights for, you must agree that our democracy is richer due to people like her. People that stand for principles.
This is hardly someone who can be described as a terrorist. She fought openly for what she believed i.e. she did what a citizen with a point of view in a democracy is supposed to do. Opposing the actions of a Govt. is not a crime.
Read 10 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?…
@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
Too late. This is nothing else but murder.
Mark my words, #StanSwamy will make a last stand for freedom...everybody's freedom... from his grave.
Let this death be the beginning of the end of UAPA.

Let some democracy be born.
Read 15 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…
“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
Free #StanSwamy before it becomes judicial homicide.

// Before his arrest nine months ago, he was physically independent and could eat, walk and take a bath on his own, but since his judicial custody, “all that is disappearing one after the other". //…
"Why must a veteran tribal rights activist with multiple ailments be compelled to suffer in this manner at his age on CHARGES THAT ARE YET TO STAND SCRUTINY IN COURT?"

He is 84, has Parkinson's and lumbar sponsylosis...and has been brought by the "system" to ventilator stage.
If we wish to keep calling ourselves a democracy, we simply must take a good look at UAPA.

Read 4 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.

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
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.

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

#StanSwamy #BombayHighCourt #ElgarParishadcase…
Sr Adv Mihir Desai will appear for Swamy. ASG Anil Singh will appear for #NIA

#StanSwamy #BombayHighCourt #ElgarParishadcase
Read 38 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 Image
Earlier in May, the Court directed the State jail authorities to submit a medical report on the health conditions of Swamy granting him leave to move the vacation bench after receiving the medical report.

#ElgarParishadcase #BombayHighCourt…
ASG Anil Singh submits on behalf of NIA that the impugned order is of October 2020.
There was an application for bail on medical ground which was rejected, and present appeal is against that order.

#ElgarParishadcase #StanSwamy
Read 14 tweets
#WatchtheState: Our weekly update on patterns of State violence in India.

Here's a quick review of reported instances of State violence. @project_polis

Follow the thread for more:
#AllIndiaRadio Has Downgraded National Languages to Regional Ones: The decision to shut down the central news units of #AIR in several Indian languages in Delhi & shift them to their state capitals is in line with the hegemony of Hindi. @thewire_in…
Following Assault on Muslim Boy Outside UP Temple, Hindutva Groups Harden Communal Rhetoric: Emboldened by Police not opposing bail to prime accused, right-wing groups are using the situation to fuel hatred. @thewire_in…
Read 28 tweets
Special NIA court will consider #BhimaKoregaon accused Stan Swamy's application seeking clone copies of data collected from him on December 21, 2020.


Adv. Sharif Sheikh and Adv. Pasbola arguing for Swamy submitted to the court that huge amount of data was collected from him, yet the amount of data cloned and provided to him was only 8 TB.
NIA opposed the application.

Special PP, Prakash Shetty: Whatever is relevant from the data we have taken from them we have given a copy to them.

Entire data has not been taken, only what is relevant is being taken.
Read 10 tweets

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