The Supreme Court continues hearing bail pleas of activists Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon case.
Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
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Matter before Justices Aniruddha Bose and Sudhanshu Dhulia.
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Sr Adv Rebecca John appearing for Gonsalves takes Court through documents relied on by the prosecution.
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Justice Dhulia: You would say prima facie these documents are not conclusive?
John: Yes. In Ranjitsingh the documents were held inadmissible.
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John: Yes. In Ranjitsingh the documents were held inadmissible.
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John reiterates that charges have still not been framed even as nearly 5 years spent in jail.
Justice Dhulia: Watali is still law. You are saying its rigours will not apply given the time in custody?
John: Case against me on highest hearsay.
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Justice Dhulia: Watali is still law. You are saying its rigours will not apply given the time in custody?
John: Case against me on highest hearsay.
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John: 313 statements not recorded against me.
SC: We wanted a table of the past cases.
John: That is there.
SC: We wanted a table of the past cases.
John: That is there.
Sr Adv R Basant for Ferreira: I am in the next matter. I shall not repeat what my friend said. I have been in custody for over 4 years. In custody since 28.8.2018.
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Basant: Paramount considerations under part III would step in when the same is denied, notwithstanding the draconian Provisions of any law making bail stringent. Here 336 witnesses, 2105 documents.
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Justice Bose: Documents there are 4-5. Against you also the same documents?
Basant: Some of the documents are common with Anand Teltumbde.
Justice Dhulia: Is there any document that says just Arun?
Basant: Yes.
SC: Show us.
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Basant: Some of the documents are common with Anand Teltumbde.
Justice Dhulia: Is there any document that says just Arun?
Basant: Yes.
SC: Show us.
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Justice Dhulia: Whether he was granted or not granted bail earlier is secondary.
ASG KM Nataraj apologises for not being able to appear yesterday.
Hearing to continue after lunch.
Hearing to continue after lunch.
ASG: Fulcrum of their arguments for grant of bail is on three counts as i understand it - parity with Anand Teltumbde, long incarceration and delay in trial, and insufficiency of evidence.
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ASG lists other accused in case, including Sudha Bharadwaj out on Default bail and Gautam Navlakha under house arrest.
ASG: One passed away, two are absconding and the rest are in custody. 9 have filed discharge applications.
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ASG: One passed away, two are absconding and the rest are in custody. 9 have filed discharge applications.
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ASG reads from pleadings.
ASG: Being only member and not active participant of banned organisation also an offence.
Justice Bose: Is it presumed that membership continues once the ban is announced?
ASG: Once we notify it, membership is offence.
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Justice Bose: Is it presumed that membership continues once the ban is announced?
ASG: Once we notify it, membership is offence.
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ASG: Like recently for PFI, a tribunal is formed.
SC: Separate tribunal for every organisation?
ASG: Yes.
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SC: Separate tribunal for every organisation?
ASG: Yes.
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John: In Delhi riots cases large portions of statements were redacted. It's gibberish.
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ASG: In UAPA cases it is ultimately very hard to get the convictions, please understand the ground realities. In one case he has been convicted...
SC: But sentence is period already undergone.
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SC: But sentence is period already undergone.
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Justice Dhulia: What is the material to show that he is a member? He is professing?
ASG: I will show. I am structuring my arguments.
SC: This will take some time. We will discharge the (rest of the) board.
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ASG: I will show. I am structuring my arguments.
SC: This will take some time. We will discharge the (rest of the) board.
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ASG: They have lured young gullible people to take up arms.
Justice Dhulia: Show us where it is said pick up guns or something. They may just be like cheerleaders, or saying Bharat Mata Ki Jai.
ASG: They underwent Bolshevik training.
SC: Vague term
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Justice Dhulia: Show us where it is said pick up guns or something. They may just be like cheerleaders, or saying Bharat Mata Ki Jai.
ASG: They underwent Bolshevik training.
SC: Vague term
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ASG: We do not know how to interpret their code words. They have intricate methods and operate in different areas.
SC: Arun and Gonsalves work with this comrade ....
ASG: Yes. [Reads]
SC: Arun and Gonsalves work with this comrade ....
ASG: Yes. [Reads]
ASG: Kindly visualise how they are operating throughout the country. How their activities are going on.
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ASG: They were trying to project that the case had nothing, i have tried to show otherwise. All the operations are there.
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ASG: So many of our personnel die in Chhattisgarh.
Hearing to continue on Friday.
John: They are looking for the elusive 'goli'.
John: They are looking for the elusive 'goli'.
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