Vernon Gonsalves | SabrangIndia

Bail to Vernon Gonsalves and Arun Ferreira after 5 years of incarceration!

sabrang — Fri, 28 Jul 2023 13:12:57 +0000

On July 28, activists and Elgar Parishad members Vernon Gonsalves and Arun Ferreira were granted bail by the Supreme Court in the Bhima Koregaon case. A bench of Justices Aniruddha Bose and Sudhanshu Dhulia pronounced the said judgment, stating that while the charges against the two accused are serious, that alone cannot be the reason for denying bail.

“Allegations are serious but that does not mean bail cannot be granted. While forming our opinion of granting bail, we noted that he was earlier convicted of offences under 1967 Act. Hence, we propose to impose appropriate conditions while on bail. We set aside impugned order and release the appellant on bail,” the Court directed, as provided by the LiveLaw.

Justice Bose also took into consideration that Gonsalves and Ferreira have been in custody for more than five years. Gonsalves and Ferreira have been lodged in Mumbai’s Taloja jail since 2018.

As conditions for the bail, the court ordered that Gonsalves and Ferreira will not be allowed to leave Maharashtra till the trial in the case is over. The two activists will also have to surrender their passports. They have also been directed to use one mobile each and let the National Investigation Agency (NIA), which is probing the case, know their addresses, according to Live Law.

“They can have only one mobile connection during the period,” the court said added. “Their mobile phones should be charged round the clock and the location must be kept on and shared with the NIA [National Investigation Agency] officer for live-tracking. They shall also report to the investigating officer once a week,” as provided by the LiveLaw.

The bench further stated that if there is any breach of conditions, it will be open to the prosecution to seek cancellation of bail. Furthermore, if any attempt is made to threaten witnesses, the prosecution can move court to cancel bail, the Supreme Court added.

Notably, Justices Aniruddha Bose and Sudhanshu Dhulia had reserved the judgment in the current case on March 3, 2023.

Background of the case:

Vernon Gonsalves and Arun Ferreira were among the sixteen activists, academics and lawyers who had been arrested in relation to the caste violence that broke out on January 1, 2018, in Bhima Koregaon village near Pune. The police had purported that the accused persons were involved in organising the Elgar Parishad event on December 31, 2017, to commemorate the 200th anniversary of the battle of Bhima Koregaon. The police had also alleged that inflammatory speeches made at the Elgar Parishad conclave had reportedly triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

They have been jailed under the Unlawful Activities Prevention Act since the past five years, reportedly without any reliable evidence. The sixteen arrested persons had also been accused of conspiring to kill Prime Minister Narendra Modi and of having links with the banned Communist Party of India (Maoist).

In May 2022, Gonsalves and Ferreira, along with six others, had moved the Supreme Court, filing pleas against Bombay High Court’s December 2021 judgment refusing them default bail. Notably, on December 1, 2021, eight accused persons in the case had been refused bail by the High Court, while another co-accused Sudha Bharadwaj was granted bail. The High Court had distinguished Bharadwaj’s plea from the other eight and noted that Bharadwaj’s application for default bail was pending when an application was made by the Pune Police seeking an extension of time to file the charge sheet.

The eight of whom were denied bail had once again petitioned the Bombay High Court contending that there was an error in the December 2021 judgment and consequently, prayed that they be granted bail. However, on May 4, 2022, the High Court had rejected that plea too, stating that there was no factual error in the December 2021 judgment as claimed.

This had led to the current appeal for bail before the Supreme Court.

Notably, in August 2022, the Supreme Court asked the special NIA court to decide on framing of charges against Gonsalves within 3 months, while refusing to grant any interim relief at the time. Gonsalves’ bail plea was, however, kept pending before the top court. The Court had directed the special court to segregate Gonsalves’ trial from that of the other accused who are absconding.

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Bhima Koregaon case: SC directs NIA court to decide on framing charges within three months

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Bhima Koregaon case: Supreme Court extends Varavara Rao’s interim bail until further orders

Bhima Koregaon case: Bombay HC denies bail to the three accused

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Bhima Koregaon case: SC directs NIA court to decide on framing charges within three months

Fri, 19 Aug 2022 07:09:53 +0000

In fresh developments in the Bhima Koregaon case, the Supreme Court has asked the special National Investigation Agency (NIA) court to decide on the framing of charges in the case within three months.

A bench of justices UU Lalit and Ravindra Bhat was hearing a bail petition filed by Vernon Gonsalves, one of the accused in the Bhima Koregaon violence conspiracy case. The court did not dismiss the bail plea, instead it adjourned the bail hearing for three months during which the NIA court is to decide on framing of charges.

It is noteworthy that the Pune Police had filed two chargesheets in November 2018 and February 2019. After the National Investigation Agency (NIA) took over the case, it filed a chargesheet against eight accused in October 2020. However, charges are yet to be framed, as a result of which the trial has not commenced yet.

Vernon Gonsalves, along with co-accused Sudha Bharadwaj and Arun Ferreira, stands accused of being member of CPI (Maoist) a banned left-wing extremist terrorist organization. Senior Advocate Rebecca John appeared for Gonsalves, and according to LiveLaw, submitted that there was nothing in the supplementary chargesheet to implicate him.

When the NIA told the court about there being absconding accused in the case, the court directed the NIA to issue a proclaimed offender notice against the absconding accused. It also directed them to segregate the trial of Gonsalves from that of these absconding accused.

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Bhima Koregaon case: Anand Teltumbde, Gautam Navalakha, Vernon Gonsalves seek interim bail

Tue, 27 Jul 2021 06:00:57 +0000

Image Courtesy:newsclick.in

Human Rights Defenders, Professor Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves have reportedly approached a special court seeking interim bail on grounds of their age and vulnerability to Covid-19.

Professor Teltumbde turned 71 on July 15, 2021. Senior activist and journalist Navlakha is 69 years old and Gonsalves is 64 years old. According to The Indian Express, the three men sent their applications from Taloja Central Jail where they are currently lodged, and sought to be released temporarily after the jail administration directed all inmates above the age of 60 to apply for interim bail due to the pandemic. Special Judge Dinesh E Kothalikar has directed the National Investigation Agency (NIA) to file its reply to their pleas.

On July 12, Special Judge Dinesh Kothalikar had rejected Teltumbde’s bail application on grounds that the available documents, including the exchange of emails and the statements of the witnesses relied upon by the prosecution, revealed that the accusations against him are not “inherently improbable or wholly unbelievable”.

The court relied heavily on the documents and letters recovered from Rona Wilson’s laptop to accept the prosecution’s argument that prima facie Professor Teltumbde was an active member of the banned CPI (Maoist) organisation. It is noteworthy, that Arsenal, an American Consultancy firm had released a report stating that the alleged incriminating material found on Rona Wilson and most recently co-accused Surendra Gadling’s laptop, was planted.

The Bombay High Court is currently seized with the petitions of researcher Rona Wilson and Professor Shoma Sen, also accused in the Bhima Koregaon case, challenging the sanction to prosecute them under the Unlawful Activities (Prevention) Act, 1967. Navlakha suffered the same setback, when the Supreme Court in May this year, dismissed his plea for default bail.

CJP has written to the Chief Minister of Maharashtra, Shri Uddhav Thackeray, on two occasions urging him to recommend the release of all 14 accused in the Bhima Koregaon case to the High-Power Committee. CJP has cited the unhygienic, inadequate infrastructure in jails that threatens the health of all human rights defenders.

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Vernon Gonsalves, Anand Teltumbde ask to be tested for Covid-19

Fri, 17 Jul 2020 09:00:04 +0000

In wake of 79-year-old activist poet Varavara Rao testing positive for Covid-19, two of his fellow inmates from Taloja Central Prison; activists Vernon Gonsalves and Anand Teltumbde have now moved Bombay High Court requesting that they too be tested as they were in close proximity of Rao.

The petition that was filed on Friday says, “An inmate at the prison, with whom the Petitioners were in close contact with has tested positive and thus there is an urgent need to conduct swab tests for the Petitioners and make arrangements for them accordingly.”

Both Gonsalves and Telumbde have already been put through the wringer by a vindictive state that has zero tolerance for dissenting voices. They were vilified and dubbed ‘anti-national’ for their long track record as dissenters and human rights defenders, and sent to jail on trumped up charges. They were repeatedly denied bail and booked for offences registered under sections 153, 505(1(b), 117 & 34 of Indian Penal Code 1860, Sections 13, 16, 18, 18B, 20 & 39 of Unlawful Activities Prevention Act, 2012.

The petition goes on to say, “The Petitioners are filing the present Petition as, the Petitioners who are presently lodged at Taloja Central Prison are in grave risk and danger of their lives. The Petitioners are under an imminent threat of contracting Covid 19 virus or have already contacted the same as a fellow co-accused/inmate Mr.Varravara Rao has yesterday i.e. on 16.07.2020 tested positive for Covid-19 after battling for his life for several weeks/month.”

Elaborating on how exactly Gonsalves and Teltumbde could have come into contact with the virus the petition explains, “The Petitioner No.1 (Gonsalves) was assigned the duty of being the aid of Mr.Varravara Rao. The Petitioner No.1 was helping Mr.Varravarao Rao with his day to day activities for the past three to four weeks. The Petitioner No.2 (Teltumbde) was lodged at the same hospital.”

It further says, “The Petitioners state that, the Petitioners are both high risk category candidates as both the Petitioners are senior citizens with under lying health ailments.” The petition also warns that, “Petitioners, who are at a high risk of contracting Covid-19 and posing a risk to the other inmates, without sufficient cause, is grave and absolute violation of their rights under articles 4, 19 and 21 of the Constitution of India, 1950.”

The petition, therefore, asks the court to decide upon the following issues:

a. Whether the Petitioners ought to be shifted to a hospital and immediately tested for Covid-19 and kept in isolation for the safety of the public.

b. Whether the Petitioners ought to be physically isolated in a safe place where physical distancing is possible.

The petition prays that a Covid-19 swab test be conducted as soon as possible and “keep them in isolation in the jail hospital where physical distancing is possible and provide all facilities and take all such steps as may be required depending on the outcome of the test.”

The entire petition may be read here:

Related:

Varavara Rao tests Covid-19 positive!

Does India uphold Prisoners’ Right to Health?

Varavara Rao is in hospital today, but the risk to his life is not over: Family

Don’t Kill Varavara Rao in Jail!

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Police asks family for whereabouts of Vernon Gonsalves even as he is lodged in Taloja jail

Wed, 13 May 2020 14:04:31 +0000

Activist Vernon Gonsalves’ wife, advocate Susan Abraham, has written to the Mumbai Police Commissioner and Chief Justice of the Bombay High Court asking why the police officers from the crime branch visited their home, making inquiries of Gonsavalses’ whereabouts even while he is lodged in Taloja jail in connection with the Elgaar Parishad case, reported The Mumbai Mirror.

Complaining of harassment by the police, she wrote, “Police came and started asking my son, Sagar, where Vernon was. This is ridiculous. The whole world knows that he is in Taloja jail. The police also recorded Sagar’s statement.”

She said that two police officers came to her housing society even amid the coronavirus crisis. Expressing anger over the inquiry she said, “My son Sagar and I were shocked and disturbed at this uncalled for visit at a time when the risk of transmission of Covid-19 between police (frontline workers) and community members is very high.” She also added that the visit created a stressful atmosphere in the housing society where members were already fighting fears of the pandemic.

Abraham claimed that her son sat for an hour outside the society gate, where his statement was recorded regarding his father being in jail, a fact she said is already known to the police. The Mumbai Mirror reported her saying, “My son, at great risk to his health, sat from 1:30 PM to 2:30 PM outside our housing society gate, recording his statement about his father being in jail, which is already known to the police.”

She added that the police could’ve also sought the details they needed, over the phone. “The police department is well aware that I am a practicing lawyer, and they have my contact details. It would have served the purpose of enquiry to simply call me on the phone.”

As per Mumbai Mirror, Sagar’s statement gave details about his and his parent’s profssion. He also said that his father was already acquitted in a 2007 case by the court. Later, he was arrested in 2018 in connection with the Elgar Parishad case, and is currently lodged in Taloja jail.

In 2018, Gonsalves was among the eight activists including Arun Ferriera, Surendra Gadling, Varavara Rao, Mahesh Raut, Sudha Bharadwaj, Rona Wilson and Shoma Sen who were arrested by the police for holding Elgar Parishad on December 31, 2017 to commemorate the bicentenary of the Battle of Bhima Koregaon.

On January 1, 2018, during the Elgar Parishad, some elements against the gathering which was of historical importance to Dalits, incited violence and the clash claimed the life of one person and left several others injured. After a probe in the matter was launched, the Maharashtra police arrested activists, branding them as ‘urban naxals’ alleging them to be part of a plot assassinate PM Modi in a ‘Rajiv Gandhi type’ attack.

In January this year, the probe was passed on to the National Investigation Agency (NIA), the order for which was given by the BJP government at the Centre. Activists and human rights organizations raised serious concerns about the course of the investigation post this transfer.

Bhima Koregaon case: Bail Applications of three social activists rejected by Bombay High Court

Bhima-Koregaon case transferred to NIA to compromise independent probe: Front Line Defenders

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Three Lawyer-Activists Arrested as Pune Court rejects Bail Pleas

Sat, 27 Oct 2018 08:28:05 +0000

Rejection of bail pleas by Pune court on the last day of house arrest paves way for custody. The SC also rejected the review petition seeking extension of time for house arrests

While Vernon Gonsalves and Arun Fereira were feretted away by the Pune police in Mumbai within minutes of the Pune court rejecting their pleas for bail, the police waited outside Sudha Bharadwaj’s home from the midnight of October 26-27

Drama over the arrests of renowned human rights activists and lawyers continued into the midnight of Friday, October 26 as the Pune Sessions Court, in a much awaited order, dismissed the bail pleas of Arun Fereira, Vernon Gonsalves and Sudha Bharadwaj. Gautam Navlakha has been protected from arrest until November 1 and a Hyderabad Court has extended the house arrest of Varavara Rao for three weeks.

The review petition filed by Romila Thapar and others in the Supreme Court of India was dismissed in chambers on October 26 itself though news of the same only reached the public around noon on Saturday, October 27 when it was uploaded on the website. While the Pune police had reached the homes of Fereira and Gonsalves by four p.m. on October 26, while they had also arrrived at Sudha Bharadwaj’s home outside Delhi at midnight, until 1 p.m. they had not taken her into custody. All five activists-lawyers were under house arrest for a time period until October 26, a time period extended by the Supreme Court allowing them time to seek bail or other remedies in appropriate courts.

The Bail Order of the Pune Court dismissing the bail applications may be read here.

The SC order dismissing the Review Petition may be read here.

Activists and human rights organisations, of which Citizens for Justice and Peace (CJP) is a part will be addressing a press conference on Saturday, October 27 at 3 p.m. to protest the high handedness of the Pune police.

On Friday, arguments continued in the Bombay High Court for over four hours on matters related to these hasty arrests. Like Anand Teltumbnde, an academic and professional, who ahd been raided on August 28 (though not arrested), Fr Stan Swamy has also moved the Bombay High Court to quash the investigations naming him as involved in crimes. He has been protected from arrest, as has Anand Teltumbde until October 31. Eighty-one year old Stan Swamy, a Jesuit priest from Ranchi and an active part of all human rights movements moved his petition on October 24.

The petition filed by Fr Stan Swamy may be read here.

The FIR in the case, lodged by Pune resident Tushar Damgude on January 8 (Cr 4/2018), initially named Harshali Potdar, Sudhir Dhawale of Republican Panthers, Sagar Gorkhe, and Ramesh Gaichor, Jyoti Jagtap, Deepak Dhengle of the Pune-based Kabir Kala Manch. It claimed that the accused, as per the strategy of the CPI- Maoist, “mislead the Dalits and spread thoughts of violence” in their minds.

In an earlier bout of arrests, on June 6, the Pune police had arrested activist Rona Wilson, Nagpur-based lawyer Surendra Gadling, Nagpur University professor Shoma Sen, former Prime Minister Rural Development fellow Mahesh Raut and Sudhir Dhawale in connection with the case.

In an investigation that has, been in turn called roving and predatory, the Pune police have alleged that the suspects played a role providing funds of banned CPI-Maoists to Elgaar Parishad. All those arrested/placed under house arrest, were charged under the Unlawful Activities (Prevention) Act (UAPA). On August 28, cops arrested Bharadwaj, Varavara Rao, Gonsalves, Ferreira and Gautam Navlakha, alleging them to be part of larger plan of banned CPI-Maoist to form a front called “Anti Fascist Front” to overthrow the democratic government. However, the Supreme Court, in response to a review petition placed them under house arrest, a proviso that was extended to today, October 26.

Later on September 28, SC dismissed a petition for a SIT probe in the case filed by Romila Thapar and others and said the five activists would remain under house arrest for four weeks. But the court had also said the accused could seek legal recourse at the appropriate court.

Yesterday, October 25, Thursday, a high court in Hyderabad extended Vara Vara Rao’s house arrest by three weeks. Earlier, the Delhi High Court had, on October 1, ended Navlakha’s house arrest. The Maharashtra government has moved the Supreme Court against the Delhi High Court order.

Accused persons Shoma Sen, Surendra Gadling, Ferreira, Gonsalves, and Bharadwaj had moved their bail applications before special judge K D Vadane in Pune. Opposing the bail applications, district government pleader Ujjwala Pawar had argued that investigation is at a crucial stage. Pawar produced letters recovered from the digital material seized from some of the accused persons claiming that these alleged Maoist communications show and there is a prima facie evidence to show that accused persons are active members of banned CPI-Maoist.

Defence lawyers Dhairyasheel Patil, Rahul Deshmukh, Yug Choudhary, Ragini Ahuja argued that letters being produced by police as evidence are unverified and make no sense. So Pawar produced two email communications allegedly between P Vara Vara Rao and Ganapathy,the secretary of banned CPI-Maoist.

In these emails exchanged in July this year, Pawar said that the alleged Maoist leader expressed concern about seizure of confidential letters by police and need to find out by whose negligence the letters were leaked, what method or technology was used by intelligence agencies for getting access to these letters and understand full scale of the breach.

Meanwhile, on Wednesday, a Bombay high court set aside an order of Pune court granting 90 days extension to the police to file a charge sheet against five persons arrested in June in the case. Justice Mridula Bhatkar ruled that the Pune court order giving the extension and thus subsequently extending the custody was ‘illegal’.

Though the order would have facilitated a default bail for the five accused as per the provisions of the law, Justice Bhatkar put a stay on her own ruling from becoming operational till November 1, after state government’s plea for the same for moving the Supreme Court against the same order.

State government then filed a special leave petition in this regard before the SC and hearing on it is expected on Monday. Meanwhile, in the view of high court order, special court in Pune decided to hear the bail applications of Gadling and Sen after November 1. And today the special court rejected bail applications of remaining three accused persons.

State Crushing Dissent Again!
Raiding the Resilient
The Truth about the Elgaar Parishad
SC directs arrested Human Rights Activists be placed under House Arrest
SC disposes off Petition against Arrest of Activists
Freedom in Sight for Surendra Gadling!
Bhima Koregaon Case: Maharashtra Gov’t moves SC against Bombay HC order

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Lawyer and Activists Arun Ferreira, Vernon Gonsalves taken into custody after Pune court rejects bail plea

Fri, 26 Oct 2018 13:15:14 +0000

Earlier on Friday, a Pune Sessions court rejected their plea seeking an extension of their house arrests for seven days.

The Pune Police on Friday took into custody activists Vernon Gonsalves and Arun Ferreira hours after a Pune Sessions court rejected their bail pleas and applications seeking an extension of their house arrests for seven days. The period of their house arrests, as ruled by the Supreme Court, ended on Friday.

The review petition filed by RomilaThapar and others was heard today and the Order is still being awaited.

Gonsalves is being taken to MIDC police station in Mumbai’s Andheri and later will be taken to Pune.

Ferreira and Gonsalves, along with activists Sudha Bharadwaj, Varavara Rao and Gautam Navlakha, were arrested on August 28 in connection with their alleged involvement in an event that preceded the violence at BhimaKoregaon near Pune on January 1. On Thursday, a Hyderabad court had extended the house arrest of Varavara Rao. The Delhi High Court had ordered Navlakha’s release from house arrest on October 1.

The Supreme Court had last month extended the house arrest of all five activists by four weeks. Five other activists – ShomaSen, Surendra Gadling, Mahesh Raut, Rona Wilson and Sudhir Dhawale – were arrested in June as part of the same investigation. They are also accused of having links to the outlawed Communist Party of India (Maoist).

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