DOCSLIB.ORG

To Download Gautam Navlakha's Order

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
To Download Gautam Navlakha's Order 1 of 65 ABA.2461.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2461 OF 2019 Gautam Nav"ak$a, Age 6( )ear+% R,-.Flat N-.2% R-/ N'$*u E01"av'% N'2 D'"$3.110 019. A44"3cant !'*sus T$e Stat' -5 Maharasht*a R'+4-06ent 7ITH INTERIM APPLICATION NO.1 OF 2019 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2461 OF 2019 T$e Stat' -5 Maharasht*a A44"3cant !'*sus Gautam Nav"ak$a R'+4-06ent D*.Yug M-$3t C$aud$*) 23t$ Ms.Ragi03 A$uja 23t$ Ms.Pay-+$3 R-) 5-* ap4"3cant 30 ABA N-.2461 -5 2019 and 5-* R'+4-06ent 30 I.A. N-.1,2019. S t.A*una S. Pa3% S4'13al Pub"3c P*-secut-* 5-* Stat',R'+4-06ent. D*.S$3!aj3 Pawar% ACP and I0!est3gat3ng Of531'*. CORAM : PRA;ASH D. NAI;% J. Date -5 R'+'*!3ng t$e Or6'* : 1<t$ D'1' 9'* 2019 Date -5 P*-0-uncing t$e Or6'* : 14t$ F'9*ua*) 2020 PC : 1. T$3+ 3s an ap4"3cat3-n 5-* ant3134at-*) 9ai" u06'* Sect3-n 4/< -5 C-6' -5 C*3 3nal P*-1'6ur'% 19</ =`C*.P.C?@. T$' ap4"3cant 3+ ::: Uploaded on - 14/02/2020 ::: Downloaded on - 14/02/2020 15:19:44 ::: 2 of 65 ABA.2461.2019.doc a44*'$'0630& a**est 30 1-nnect3-0 23t$ CR N-.4 -5 201< *'&3+t'*'6 23t$ A3+$*a 9agh P-"31' Stat3-0% Pune. T$' 53*st 305-* at3-0 *'4-*t =`FIR?@ 2as "-6&'6 -0 <t$ Januar) 201<. T$' -55'01'+ 2'*' *'&3+t'*'6 und'* Sect3-0+ 1B/.A% B0B=1@=9@% 11(% /4 -5 I063an Penal C-6e. 2. T$' FIR 2as "-6&'6 9) -0' Tushar Ram'+$ Da ugade. It 2as a""'&'6 t$at t$'*' 2as a 4*-&*a ' at S$an32ar 7ada, at Pune -0 /1st D'1' 9'* 201( -*ganiC'6 9) El&ar Par3+$ad. T$e 53*st 305-* ant att'06'6 t$' 4*-&*a ' at ab-ut 2 4 -0 /1st D'1' 9'* 201(. T$'*' 2'*' 5'2 +4eak'*+% 1- 4'*'+% +30&'*+ and -t$'* 4'*5-* '*+ 4*esent -0 t$' stage. T$' 305-* ant 2as #0-230& ;ab3* ;ala Manch and 3t+ ' 9'*s. He $ad *ead ab-ut t$' -0 +-13al '63a a06 30 t$' 0'2+4ap'*s. S- ' -5 t$' 4'*5-* '*+ enact'6 +$-*t 4"ay+% 4'*5-* '6 6ances a06 sang +-ngs. A11-*630& t- t$' 53*st 305-* ant% t$' 4'*5-* ances 2'*' 4*-!-cat3!' 30 natur' and $ad '55ect -5 1*eat30& 1- una" 63+$ar -0). P*-!-cat3!' +4''1$'+ 2'*' 6'"3!'*'6. F'2 -98ect3-nab"' and 4*-!-cat3!' 9--#+ 2'*' #'4t 5-* sa"' at t$' !enue. T$' 9anned -*ganizat3-0 C- u03+t Part) -5 I063a =Mao3st@ =5-* +$-*t `CPI =M@?@ 2as 30+3&$t30& !3-"'01' 9) 1*eat30& 1- una" 63+$ar -0). T$' ' 9'*+ -5 ;ab3* ;ala Manch +4*ead $at*'6 t$*-ug$ t$'3* +-0&+% 4"ay+ and +4''1$'+ causi0& ::: Uploaded on - 14/02/2020 ::: Downloaded on - 14/02/2020 15:19:44 ::: 3 of 65 ABA.2461.2019.doc '0 3t) 9et2''0 6355'*ent 1- unit3es. A+ a *esult% t$'*' 2'*' 3nstances -5 !3-"'01'% ar+-n and st-0' 4'"t30& 0ear B$3 a-;-*egaon. /. T$' FIR 2as *'&3st'*'6 against Sud$3* D$aval'% Sagar G-*#$'% Ha*+$al3 P-t6ar% D34ak D$enga"'% J)-t3 Jagtap% Ra '+$ Gay1$-* and -t$'*s. T$' 30!est3gat3-0 4*-1''6'6. Sect3-0 120.B -5 IPC 2as ad6'6 -0 6t$ Mar1$ 201<. T$' 30!est3gat3-0 2as t*ans5'**'6 t- C*3 e B*anch% Pune. 4. A11-*630& t- 4*-secut3-0% 6ur30& t$' 1-ur+' -5 30!est3gat3-0% sea*1$ 2as 1-06uct'6 -0 1(t$ A4*3" 201< at t$' *'+36ent3al 4*' 3+'+ and 2-*# 4"aces -5 R-na 73"+-0 =R/-.D'"$3@% Sur'06*a Gad"30& =R/-.Nagpur@% Sud$3* D$aval' =R,-.Mum9ai@% Ha*+$al3 P-t6ar =R/-.Mum9ai@% Sagar G-*#$' =R/-.Pune)% D34ak D$enga"' =R/-.Pune)% Ram'+$ Gay1$-* =R/-.Pu0'@% J)-t3 Jagtap =R/-.Pune). It 3+ al"'&'6 t$at 6ur30& t$' sea*1$ 6-cument+ 2'*' *'1-!'*'6 5*- t$'3* *'+4ect3!' 1- 4ut'*+,"apt-4+,4'0 6*3!'+, ' -*) car6+ etc.. D355'*ent 6-cument+ 2'*' 5-und t- $av' 9''0 1*eat'6 -* #'4t 30 t$' *'+4ect3!' 1- 4ut'*+,"a4t-4+,4'0 6*3!'+, ' -*) ca*6+,6'!31'+ -0 6355'*ent 6ates. T$' +'3C'6 a*t31"'+ 2'*' +'nt t- F-*'0+31 S13'01' Lab-*at-*) 5-* anal)+3s. T$' 1"-0'6 1-43'+ 2'*' *'1'3!'6 9) t$' 30!est3gat30& ag'01). A11-*630& t- 4*-secut3-0% 5*- t$' +'3C'6 and ::: Uploaded on - 14/02/2020 ::: Downloaded on - 14/02/2020 15:19:44 ::: 4 of 65 ABA.2461.2019.doc *'1-!'*'6 at'*3al% 3t 2as *'!eal'6 t$at -t$'* 4'*+-0+ ar' al+- 4art -5 1*3 3nal 1-0+43*acy. Based -0 30!'+t3gat3-0 t$' 4*-!3+3-0+ -5 Sect3-0+ 1/% 16% 1(% 1<% 1<.B% 20% /< /9 a06 40 -5 U0"aw5u" Act3!3t3'+ =P*'!ent3-0 @ Act% 196( =`UAPA Act? 5-* +$-*t@ 2'*' ap4"3'6 -0 1(t$ May 201< against Sur'06*a Gad"30&% R-na 73"+-0% S$- a S'0% Mah'+$ Raut% C- *ad' M D M3"306 T'"tum96'% C- *ad' P*akash D Nav30 D Ritupan G-+2am3% C- *ad' Mangalu and C- *ad' D34u. Sea*1$ 2as 1-06uct'6 at t$' *'+36'01' -5 S$- a S'0 and Mah'+$ Raut -0 6t$ Jun' 201<. Sear1$ 2as 1ar*3'6 -ut at t$' 4"ace -5 *'+36'01' -* 2-*# 4"ace -5 a44"3cant% P.Aarava*a Rao =R,-. Hy6'*abad@% A*un F'**'3*a =R,-.T$ane)% Sud$a B$a*ad2aj =R/-.Far36aba6@% A'*0-n G-nsa"!es =R,-.Mum9ai@. B. T$' accused Su*'06*a Gad"30&% R-na 73"+-0 a06 Sud$3* D$aval' 2'*' a**est'6 -0 6t$ June 201<. A11-*630& t- t$' 4*-secut3-0% 9as'6 -0 301*3 3nat30& at'*3al% -t$'* 4'*+-0+ 2'*' ad6'6 as accused% !3z.P.Aarava*a Rao% A*u0 F'**'3*a, A'*0-0 G-nsal!'+% Sud$a B$a*ad2aj% a44"3cant% Ana06 T'"tum9ad' and Stan S2am). C$ar&' +$eet 2as 53"'6 against ar*est'6 accused und'* Sect3-0+ 121% 121.A% 124.A% 1B/.A% B0B=1@=9@% 11(% 120.B *,2 /4 -5 I063an Penal C-6' and und'* Sect3-0+ 1/% 16% 1(% 1<% 1<.B% 20% /<% /9 and 40 -5 UAPA Act. ::: Uploaded on - 14/02/2020 ::: Downloaded on - 14/02/2020 15:19:44 ::: 5 of 65 ABA.2461.2019.doc 6. T$' a44"3cant 2as ad6'6 as an accused -0 2206 August 201<. T$' a44"3cant 4*'5'**'6 7*3t Pet3t3-0 N-.2BB9 -5 201< 9'5-*' D'"$3 Hi&$ C-urt +''#30& 3ssuance -5 7*3t -5 Habeas C-*4us 5-* $3+ *'"eas' 5*- cust-6) and quest3-030& t$' "egal3t) -5 $3+ a**est. T$' a**est -5 a44"3cant 2as stay'6 9) D'"$3 Hi&$ C-urt and 3nt'*3 4*-t'1t3-0 -5 $-use ar*est 2as &*ant'6. B) -*6'* 6at'6 1st Oct-9'* 201<% t$' a**est -5 ap4"3cant 2as set asi6' 9) D'"$3 Hi&$ C-urt. T$' sai6 -*6'* 2as 1$al"'0&'6 9'5-*' t$' Ho0?9"e Sup*' e C-urt 9) t$' 4*-secut30& age01). (. On 29t$ August 201< 7*3t Pet3t3-0 N-.260 -5 201< =R- 3"a T$a4ar a06 -t$'*+ As. U03-0 -5 I063a and -t$'*+ . =201<@10.SCC. (B/@ 2as 4*'5'**'6 9'5-*' t$' Ho0?9"' Sup*' ' C-urt 9) 53!' ' 3nent $3+t-*3ans and acad' 31+ 1$a""'0&30& t$' act3-0 -5 Maharasht*a P-"31' 30 *ai630& $- '+ and ar*est30& $uman *3&$t+ act3!3st+% 8-urna"3+t+% ad!-cat'+ and 4-"3t3cal 2-*#'*s. T$' &*3'!ance -5 t$' 4et3t3-0'*+ 2as t$at t$' act3!3st+ 0am'") Gautam Nav"ak$a =ap4"3cant@% Sud$a B$arad2aj% Aaravara Rao% A*un F'**'3*a and A'*0-0 G-nsal!'+ 2'*' ar*est'6 -0 2<t$ August 201< 5*- t$'3* $- '+ at N'2 D'"$3% Far36aba6% Mu 9ai% T$ane a06 Hy6'*abad 23t$-ut any 1*'639"' at'*3al and '!36'01' 30 1-0nect3-0 23t$ FIR ::: Uploaded on - 14/02/2020 ::: Downloaded on - 14/02/2020 15:19:44 ::: 6 of 65 ABA.2461.2019.doc N-.4 -5 201< *'&3+t'*'6 23t$ A3+$*a 9agh P-"31' Stat3-0% Pune. T$' 4*-secut3-0.*'+4-06ent -44-+'6 t$' 4et3t3-0 9) 53"30& *'4"). Dur30& t$' 1-ur+' -5 $ear30& -5 t$' sai6 4et3t3-0% 5-* a" a44"3cat3-0+ 2'*' 53"'6 -0 9'$al5 -5 Sud$a B$a*ad2aj% A*u0 F'**'3*a and A'*0-0 G-nsal!'+% 2$- 2'*' u06'* $-use a**est% stat30& t$at t$') ay 9' 4'* 3tt'6 t- 4u*sue t$' 2*3t 4et3t3-0 53"'6 9) t$' . T$' Ho0?9"' Sup*' ' C-urt $ad 'Ft'06'6 4*-tect3-0 -5 $-use a**est &*ant'6 t- t$' a44"3cant and -t$'*s.
Load more

Recommended publications
  • Arrested and Charged in Coordinated Raids Across India
    31 August 2018 India: Five human rights defenders arrested and charged in coordinated raids across India On 28 August 2018, five human rights defenders were arrested and several others’ residences, including Father Stan Swamy’s, were raided in a coordinated crackdown by Pune police in different parts of India. Sudha Bhadwaj, Vernon Gonsalves, Varavara Rao, Gautam Navlakha and Arun Ferreira were all arrested in different cities under a host of charges, including terrorism-related charges. Sudha Bhardwaj is a human rights lawyer, with a focus on protecting the rights of adivasi (indigenous) people in the state of Chattisgarh. She has acted as legal representation in several cases of extrajudicial executions of adivasis and has represented adivasis and activists before the National Human Rights Commission of India. She also serves as the General Secretary of the Chattisgarh People’s Union for Civil Liberties. Vernon Gonsalves is an academic and writer, who writes extensively on Dalit and adivasi rights, the conditions of prisons in India and the rights of prisoners. He has also advocated for scrapping the Unlawful Activities (Prevention) Act, a draconian piece of anti-terror legislation with a wide ambit and vague concepts, which allows its misuse against academics, lawyers and human rights defenders. In recent times, it has been used repeatedly to target people expressing dissent. Varavara Rao is an acclaimed academic, well known for his progressive writings. He regularly takes part in various social activism activities and often speaks publicly on human rights issues. Gautam Navlakha is a human rights defender and journalist. He was the Secretary of the People’s Union for Democratic Rights, a non-governmental organisation committed to legally defending civil liberties and democratic rights by protecting, extending and helping implement fundamental rights as guaranteed in the Indian constitution.
    [Show full text]
  • Pute: a Case Study of the Kashmir Floods By
    Reuters Institute Fellowship Paper University of Oxford Media Propaganda and the Kashmir Dis- pute: A Case Study of the Kashmir Floods by Wasim Khalid Michaelmas and Hilary Terms 2015 - 2016 Sponsor: Thomson Reuters Foundation 1 Acknowledgements Sometimes ideas strike journalists to their very core. They want to dig deeper into the issues to understand them. However, due to the paucity of time and space, most of the time scribes fail to do so. I wanted to go deeper into the issue of media coverage of the 2014 Kashmir floods, examining it as part of a broader political dispute. Neither time or space, nor the proper funds were available to carry out the study. I am immensely thankful to the Reuters Institute for the Study Journalism (RISJ) for accepting the research proposal and thereby giving me an opportunity to look into the depths of the sub- ject. I am also thankful to the Thomson Reuters Foundation for funding my fellowship. The study would not have been possible without the help of my supervisor, Caroline Lees. Her suggestions and guidance at crucial junctures were helpful and kept me focused on the subject. I am highly indebted to her for listening to my suggestions and giving me the required freedom to go into the various issues concerning my subject. I am thankful to Dr James Painter for patiently listening to my queries and for his suggestions concerning the research topic. He has been always caring and his wit and guidance have been of immense help while carrying out the study. In fact, it was during my first meeting with Dr.
    [Show full text]
  • Days and Nights in the Heartland of Rebellion
    Days and Nights in the Heartland of Rebellion Gautam Navlakha When every abuse has been hurled and epithet SPOs, all heavily armed, have been deployed employed against the Maoists, half-truths and [1]. Besides, Union Minister of Home P untruths begin to acquire wings. They are Chidambaram categorically asserted that Indian diagnosed, dissected, and demonised; the government had a “legitimate right” to use “as intelligentsia are reluctant to face facts. Yet we much force as necessary” against the Maoists are still compelled to demystify reality and to (Times of India, March 13, 2010). An answer some fundamental questions: Why this extraordinary control regime is in place, which war? Who are these people, the “single biggest among other things, regulates entry and exit into threat” to Indiaʼs internal security? What is their areas held by the Maoists guerillas, somewhat politics? Why do they justify violence? How do akin to entering another country. Unless people they perceive their “peopleʼs war”, their political carry identity cards signed by the goals and themselves? How do they intend to Superintendent of Police they can neither enter take a leap from their forest strongholds into the nor exit from the area. As for movement of world outside? goods, this too has been curtailed; weekly markets have been shifted to local security This desire to humanize the demonised and to camps, where one has to register oneself, get to know the Maoists first hand, i.e., not provide list of members for whom rations is simply through conversations, books, and needed, and allowed rations which can last for documents, but to travel and meet and to see for no more than a week.
    [Show full text]
  • GENDER and MILITARISATION in KASHMIR By
    BETWEEN DEMOCRACY AND NATION: GENDER AND MILITARISATION IN KASHMIR By Seema Kazi A thesis submitted in partial fulfilment of the requirement for the degree of PhD London School of Economics and Political Science The Gender Institute 2007 UMI Number: U501665 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U501665 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 Abstract This thesis focuses on the militarisation of a secessionist movement involving Kashmiri militants and Indian military forces in the north Indian state of Jammu and Kashmir. The term militarisation in this thesis connotes the militarised state and, more primarily, the growing influence of the military within the state that has profound implications for state and society. In contrast to conventional approaches that distinguish between inter and intra-state military conflict, this thesis analyses India’s external and domestic crises of militarisation within a single analytic frame to argue that both dimensions are not mutually exclusive but have common political origins. Kashmir, this thesis further argues, exemplifies the intersection between militarisation’s external and domestic dimensions.
    [Show full text]
  • INDIA'scontemporary Security Challenges
    Contemporary Security INDIA’S Challenges Edited by Michael Kugelman INDIa’s Contemporary SECURITY CHALLENGES Essays by: Bethany Danyluk Michael Kugelman Dinshaw Mistry Arun Prakash P.V. Ramana Siddharth Srivastava Nandini Sundar Andrew C. Winner Edited by: Michael Kugelman ©2011 Woodrow Wilson International Center for Scholars, Washington, D.C. www.wilsoncenter.org Available from : Asia Program Woodrow Wilson International Center for Scholars One Woodrow Wilson Plaza 1300 Pennsylvania Avenue NW Washington, DC 20004-3027 www.wilsoncenter.org ISBN 1-933549-79-3 The Woodrow Wilson International Center for Scholars, es- tablished by Congress in 1968 and headquartered in Washington, D.C., is a living national memorial to President Wilson. The Center’s mis- sion is to commemorate the ideals and concerns of Woodrow Wilson by providing a link between the worlds of ideas and policy, while fostering research, study, discussion, and collaboration among a broad spectrum of individuals concerned with policy and scholarship in national and international affairs. Supported by public and private funds, the Center is a nonpartisan institution engaged in the study of national and world affairs. It establishes and maintains a neutral forum for free, open, and informed dialogue. Conclusions or opinions expressed in Center publi- cations and programs are those of the authors and speakers and do not necessarily reflect the views of the Center staff, fellows, trustees, advi- sory groups, or any individuals or organizations that provide financial support to the Center. The Center is the publisher of The Wilson Quarterly and home of Woodrow Wilson Center Press, dialogue radio and television, and the monthly news-letter “Centerpoint.” For more information about the Center’s activities and publications, please visit us on the web at www.wilsoncenter.org.
    [Show full text]
  • The Slow Erosion of Fundamental Rights: How Romila Thapar V. Union of India Highlights What
    This is an Accepted Manuscript of an article published by Taylor & Francis in Indian Law Review on 17 Jul 2019 available online: https://doi.org/10.1080/24730580.2019.1640593 Accepted version downloaded from SOAS Research Online: http://eprints.soas.ac.uk/31173/ The slow erosion of fundamental rights: How Romila Thapar v. Union of India highlights what is wrong with the UAPA. Mayur Suresh* Introduction On September 18, 2018, the Supreme Court pronounced judgment in Romila Thapar & Others v. Union of India & Others.1 The five petitioners in the case – ‘academics [who] are seriously concerned with the preservation of the democratic fabric of this country’2 – filed their Public Interest Petition in response to the arrest of five human rights activists by the Pune police for terrorism-related offences under the Unlawful Activities (Prevention) Act 1967 (UAPA). These activists were: Gautam Navlakha, Sudha Bharadwaj, Varavara Rao, Vernon Gonzalves and Arun Ferreira. The petition asked the Supreme Court to set up a Special Investigation Team (SIT) to conduct a ‘fair and independent investigation’3 into the allegations made by the Pune police against them. The petitioners contended that the police had arrested the five on unfounded accusations of terrorism, in order to stifle if not kill independent voices and a different ideology from the party in power. The impugned actions of the Pune Police is [sic] the biggest attack on freedom and liberty of citizens by resorting to high handed powers without credible material and *Mayur Suresh is a lecturer in the School of Law, SOAS, University of London. 1 Romila Thapar & others v.
    [Show full text]
  • House Arrest of the Appellant, Inter Alia, Was Also Ordered to Be Extended to Others
    REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.510 OF 2021 [ARISING OUT OF SLP (CRIMINAL) NO. 1796/2021] GAUTAM NAVLAKHA … APPELLANT(S) VERSUS NATIONAL INVESTIGATION AGENCY … RESPONDENT (S) J U D G M E N T K.M. JOSEPH , J. 1. Leave granted. 2. On the basis of FIR No. 4 of 2018 dated 08.01.2018, registered at Vishrambagh Police Station, Pune, Maharashtra, which was one registered under Sections 153A, 505(1B) and Section 34 of IPC to which Section 120(B) was 1 added on 06.03.2018 and still further into which, Sections 13, 16, 17, 18, 18B, 20, 38 and 40 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as ‘the UAPA’, for short), were added on 17.05.2018, and, in which FIR, the name of the appellant was added on 22.08.2018, the appellant came to be arrested from his residence in Delhi on 28.08.2018. The appellant moved Writ Petition No. 2559 of 2018 seeking a Writ of Habeas Corpus in the High Court of Delhi. The High Court, apart from issuing notice, inter alia, ordered that no further precipitate action of removing the appellant from Delhi be taken till the matter was taken at 04:00 P.M.. The Order was passed at 02:45 P.M.. In the meantime, the CMM at Saket, Delhi disposed of an Application seeking transit remand with the following Order: 2 “FIR No. 4/18 PS: Vishrambagh, Pune, Maharashtra U/s: 153A/505(1)(B)/117/341PC & u/s 13/15/17/18/185/20/39/40 of Unlawful Activities Prevention Act.
    [Show full text]
  • CPI (Maoist) Call on the Occasion of 7Th Anniversary of Party
    Maoist Information Bulletin - 23 July-September 2011 CC, CPI (Maoist) call on the occasion of 7th Anniversary of Party ..... 2 Voices Against War on People ..... 10 News From the Battlefield ..... 20 From the News Papers ..... 23 News From Behind Bars ..... 25 News From Counter-Revolutionary Camp ..... 29 From Other Organizations ..... 34 CPI (Maoist) Statements ..... 36 Hail the 7th anniversary celebrations of our glorious new party ! Let us strengthen and expand the party in accordance with the excellent material condition, level and expanse of the movement and fulfillment of the tasks of the movement ! Let us strengthen and expand the mass base to develop subjective forces and to develop People’s War ! Let us intensify and expand guerilla warfare to fulfill the central task and to defeat Operation Green Hunt ! [Abridged version of Central Committee call to the entire party to grandly celebrate the 7th anniversary of our party with revolutionary fervor from September 21 to 27, 2011] Dear Comrades, On this occasion, let us take a look at the political situation in the past one year after the 6th anniversary th We are about to celebrate the 7 anniversary of of the party to formulate immediate tasks and review our glorious new party on September 21 this year. the practice of our party carried on with the aim of September 21 is a day of utmost significance for our advancing the People’s War in our country. party. This is a historic day. On the occasion of the 7th anniversary of the party, let us remember the International situation builders of our party, the great leaders of the Indian Revolution, martyrs and our beloved comrades Charu The economic crisis which continued going round Mazumdar and Kanhai Chatterji and all those in whirls since the end of 2008 took the breath out of thousands of brave warriors who have been martyred US imperialism and recently it burst forth in the form during the course of New Democratic Revolution of a debt crisis.
    [Show full text]
  • Gautam Navlakha Vs National Investigation Agency on 12 May, 2021
    Gautam Navlakha vs National Investigation Agency on 12 May, 2021 Supreme Court of India Gautam Navlakha vs National Investigation Agency on 12 May, 2021 Author: Uday Umesh Lalit Bench: Uday Umesh Lalit, Hon'Ble Ms. Banerjee, K.M. Joseph REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.510 OF 2021 [ARISING OUT OF SLP (CRIMINAL) NO. 1796/2021] GAUTAM NAVLAKHA APPELLANT(S) VERSUS NATIONAL INVESTIGATION AGENCY RESPONDENT (S) J U D G M E N T K.M. JOSEPH, J. 1. Leave granted. 2. On the basis of FIR No. 4 of 2018 dated 08.01.2018, registered at Vishrambagh Police Station, Pune, Maharashtra, which was one Signature Not Verified registered Digitally signed by Indu Marwah under Sections 153A, 505(1B) and Date: 2021.05.12 16:39:51 IST Reason: Section 34 of IPC to which Section 120(B) was added on 06.03.2018 and still further into which, Sections 13, 16, 17, 18, 18B, 20, 38 and 40 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the UAPA, for short), were added on 17.05.2018, and, in which FIR, the name of the appellant was added on 22.08.2018, the appellant came to be arrested from his residence in Delhi on 28.08.2018. The appellant moved Writ Petition No. 2559 of 2018 seeking a Writ of Habeas Corpus in the High Court of Delhi. The High Court, apart from issuing notice, inter alia, ordered that no further precipitate action of removing the appellant from Delhi be taken till the matter was taken at 04:00 P.M.
    [Show full text]
  • Pune-Court-Order-Refusing-Pre-Arrest-Bail-To-Gautam-Navlakha.Pdf
    Bar & Bench (www.barandbench.com) 1 ORDER BELOW EXH.1 IN CRI. BAIL APPLICATION NO.5420/2019 1. This is an application for anticipatory bail filed by accused Gautam Navlakha, as per Section 438 of Cr.P.C. He has been charge-sheeted for commission of offences punishable under Sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120B read with 34 of the Indian Penal Code, 1872 (hereinafter referred to as `I.P.C.') and under Sections 13, 16, 17, 18, 18B, 20, 38, 39, 40 of the Unlawful Activities (Prevention) Act, 1967, as amended in 2008 and 2012 (hereinafter referred to as `UAPA'), alongwith other accused. BRIEF FACTS OF THE CASE OF PROSECUTION : 2. The FIR was lodged on 8.1.2018 at Vishrambaug Police Station by one Tushar Ramesh Damgude. It was registered for commission of offences punishable under Sections 153A, 505(1)(b) and 117 read with 34 of IPC. According to the first informant, he was in the business of construction. There was a programme at Shaniwar Wada, Pune on 31.12.2017 organised by Elgar Parishad. He attended that programme at around 2:00 p.m. on 31.12.2017. It is further stated in the FIR that there were few speakers, comperes, singers and other performers present on the stage. The informant was knowing Kabir Kala Manch and its members. He had read about them on social media and in the newspapers. It is further stated that some of the performers enacted short plays, performed dances and sang songs. According to him, the performances were provocative in nature and had effect of creating communal disharmony.
    [Show full text]
  • Resources Against Communalism and Religious Fundamentalism in India
    Resources Against Communalism and Religious Fundamentalism in India Researched and compiled by Harsh Kapoor WLUML Research, Information & Documentation Unit Bibliographies and Resources Series April 1995 2 Preface India’s most noble commitments to secularism and democratic governence have been under the most brazen attack in the last fifteen years. The forces of Hindutva have been steadily undermining the painfuly accumulated secular achievements of the freedom movement and the Nehru period in independent India. Since Nehru’s death, successive governments have more or less allowed the communalist tendency in the country to go unchecked. They have been appeasing communal elements among majority (the Hindus) before and after the destruction of the mosque in Ayodhya, and at the same time encouraging the most communal reaction amongst Muslims, as is evident from the Congress government’s support of the Muslim Women’s Bill. They must do this for their survival because it is the only way for them to retain some measure of their once populist base, given the fact that that base has dwindled because of the governments manifest failure to solve the basic problems of economic deprivation of the majority of its population and social discrimination against its lowest castes and tribes. Communal politics thrives under these conditions and even avowedly secular governments and political parties too succumb to it. It would be an understatement to say that there is now a crisis. The crisis has set in deeply, communal forces are in power in some of the most politically important regions of the country, and the destruction of the mosque in Ayodhya has shown that these forces have no regard for the basic constitutional commitments of the country.
    [Show full text]
  • A Briefing Note Detailing Key Human Rights Issues of Concern in Indian
    FIDH - International Federation for Human Rights and its partner organizations Association of Parents of Disappeared Persons (APDP) and Jammu Kashmir Coalition of Civil Society (JKCCS) Key human rights issues of concern in Indian-Administered Jammu & Kashmir March 2019 1... Introduction 2... The continuing crime of enforced disappearance 3... Extrajudicial killings go unabated 4... Torture used as punitive action 5... Systematic impunity for grave crimes 7... Use of arbitrary and administrative detentions to curb dissent 8... Ongoing military operations threaten human rights 10... Rights to freedoms of expression, freedom of association, and freedom of religion or belief curbed 11... Human rights defenders under threat 12... Sexual violence used a tool of repressions 13... Lack of safeguards continue to place children in danger 14... Former militants hindered from reintegrating into society 15... Situation of minorities instrumentalized by the authorities Introduction Human rights violations began to be formally reported in Indian-administered Jammu & Kashmir (hereafter “Jammu & Kashmir”)1 in 1990 in the midst of counter-insurgency operations by the Indian Army to contain an armed struggle against Indian rule. These military operations were marked by excessive and disproportionate use of force. Since 1990, more than 70,000 people have been killed, more than 8,000 have been subjected to enforced disappearances, several thousands have been arrested and detained under repressive laws, and torture and other acts of inhuman and degrading treatment against protestors and detainees have been routinely used by Indian security forces. 1 This note exclusively deals with the human rights situation in the Indian state of Jammu & Kashmir, which includes the regions of Jammu, Kashmir Valley, and Ladakh.
    [Show full text]