Bhima Koregaon: Supreme Court Issues Notice On Gautam Navlakha’s Plea Against Bombay High Court Judgment Denying Him Default Bail

first_imgTop StoriesBhima Koregaon: Supreme Court Issues Notice On Gautam Navlakha’s Plea Against Bombay High Court Judgment Denying Him Default Bail Radhika Roy3 March 2021 4:38 AMShare This – xSupreme Court bench headed by Justice UU Lalit on Wednesday issued notice on a petition filed by activist and Journalist Gautam Navlakha challenging Bombay High Court’s recent order rejecting his bail application in the Bhima Koregaon (Elgar Parishad – Maoist links) case.A Two-Judge Bench of Justices UU Lalit and KM Joseph was hearing the plea against the Judgment of Bombay…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSupreme Court bench headed by Justice UU Lalit on Wednesday issued notice on a petition filed by activist and Journalist Gautam Navlakha  challenging Bombay High Court’s recent order rejecting his bail application  in the Bhima Koregaon (Elgar Parishad – Maoist links) case.A Two-Judge Bench of Justices UU Lalit and KM Joseph was hearing the plea against the Judgment of Bombay High Court which refused to interfere in his criminal appeal filed against an order of the special court, which rejected his application for default bail in June, last year. He is in prison since his surrender on April 14, 2020.The matter will be next heard on March 15.The plea, filed by Advocate Shadan Farasat, submits that the main question that arises is whether the period of 34 days when the Petitioner was in custody by way of house arrest pursuant to the orders of the Delhi High Court and the Supreme Court modifying transit remand order dated 28th August, 2018 of the CMM, Saket Courts, would count as custody for the purpose of default bail under Section 167(2) CrPC.It is averred that the order of the Bombay High Court suffers from serious infirmities, such as a wholly misconceived and dangerous reading of the Delhi High Court order and thus, invariably accepts the NIA’s contention that the arrest, remand and detention of the Petitioner had become “non est”.Further, the plea also submits that the rationale that the Investigating Officer did not get an opportunity to interrogate the accused is not a ground to infer that the 34 days spent by the Petitioner in custody pursuant to judicial orders does not constitute “custody” under Section 167 CrPC. The Bombay High Court, it is submitted, has also wrongly held that only the period of custody after the Petitioner’s surrender before NIA and subsequent production before a Magistrate can be counted for the purpose of default bail.Navlakha had sought default bail on the grounds that the National Investigating Agency (NIA) had failed to file their chargesheet within the stipulated period of 90 days. The NIA, however, contended that Navlakha was under house arrest for 34 days, between August 29 to October 1, 2018, which was declared illegal by the Delhi High Court. Therefore, it could not be included in his custody period.However, the Bombay High Court, observed that, the time spent in “unlawful custody” cannot be included while computing the 90 days period prescribed for grant of default bail under Section 167(2) of the Criminal Procedure Code (CrPC).The Court had further observed that the 34 days Navlakha had spent under house arrest between August 28, 2018 – October 10, 2018, could not be used to calculate his total detention period, especially since his arrest, as well as the Magistrate’s transit remand, was found to be illegal by the Delhi High Court.”It is not possible for us to fathom a situation where detention of the Appellant (Navlakha) though held to be illegal & unlawful rendering the authorisation by the Magistrate untenable should still be construed as an authorised detention for the purpose of Sub-Section (2) of Section 167 of the CrPC”, the Court had observed.The Court held that there was no doubt Navlakha was under house arrest, during which time he could interact only with his family and lawyers. However, the Investigating Agency did not have any access to him or an occasion to interrogate him, as the High Court had ordered the police to keep Navlakha at the same place from where he was picked up.The Court held that Section 167(2) of the CrPC, assumes that the detention is authorised by a Magistrate, and 90 days upward from that day can be used to calculate the period of custody for default bail.However, once the authorisation by the Magistrate is declared illegal consequently rendering the detention itself illegal, the said period (house arrest custody) cannot be construed to be an authorised custody within the meaning of Section 167(2) of CrPC”, the Court said.The Maharashtra Police had arrested Navlakha on August 28, 2018 in connection with an FIR lodged following the ‘Elgar Parishad’ held on December 31, 2017 and the Bhima Koregaon violence, a day after. Through the nationwide crackdown on activists and academics, connected to the conference, the police claimed to bust a larger maoist conspiracy.The case was later handed over to the NIA. Navlakha’s arrest and subsequent house arrest in August, 2018, was declared illegal by the Delhi High Court. Navlakha then approached the Sessions Court, followed by the High Court and Supreme Court for anticipatory bail. The Supreme Court, on March 16, 2020, directed Navlakha to surrender within three weeks, after rejecting his bail application. His plea seeking an extension in view of the coronavirus pandemic was also rejected. Following this Navlakha surrendered on April 14.Click Hear To Download/Read PetitionNext Storylast_img read more

Harvard coronavirus survey: How’re we doing? Not bad so far

first_img Related The survey, which is ongoing, went live this month and has garnered nearly 7,000 responses from 141 countries so far. It has been translated into 16 languages, mainly by volunteers who have taken the survey and offered to translate it themselves. Data is displayed on the website in near-real time, offering a view of how effective public health messaging has been to survey takers.The survey dashboard is relatively simple, with a map of the world showing the countries from which responses are coming. The U.S., with 3,308 responses as of Monday morning, has the most representation, but responses have also been logged from such far-flung places as East Timor, South Africa, Iceland, and Chile. A click on the “navigate” button displays a menu from which to view responses, and a click on “authority abilities” shows that just shy of 69 percent of respondents have little or no confidence in authorities’ ability to handle the pandemic.The good news, however, is that respondents show a lot of confidence in the information they’re getting, with the majority confident that they can protect themselves from the pandemic.“We can see that, in terms of preparedness behavior, they’re adhering to most of the major messages around washing hands and keeping distance and preparing their supplies. They’re willing to self-isolate and report,” Pham said. “I think the most damning data is around trust in the ability of the health services and the authorities to control the epidemic. The level of confidence is pretty low.”,Vinck, HHI’s research director, HMS and Chan School assistant professor, and investigator at Brigham and Women’s Hospital, said the importance of health authorities establishing public trust was dramatically illustrated during the nearly 2-year-old Ebola epidemic in the Democratic Republic of Congo. That epidemic, history’s second-largest for Ebola, has infected 3,444 so far and killed 2,264, according to the World Health Organization. Though the number of cases has been dropping dramatically there, Vinck said early public distrust fed the epidemic’s growth, leading many people to refuse a vaccine and even to the murders of several public health workers. The epidemic began to come under control when local health officials trusted by the community began to play a more prominent role in education about the disease.“It’s not new, we’ve seen this elsewhere, but this trust issue is again playing an important role in the spread of the epidemic,” Vinck said.Though in recent days U.S. government leaders have become more unified in their coronavirus response, Vinck said that comes on the heels of years of growing distrust of institutions in Western democracies and weeks of dismissive language about the pandemic.“We know that trust in institutions has decreased over the last decade in the U.S., in Europe, and in other places. That is certainly a context that influences this,” Vinck said. “We recognize that it’s a very difficult situation, but decisions have not always been clear, coordinated, the president used very dismissive tone at the beginning of epidemic — though that has changed. We’ve seen a dramatic change in the U.K. and the government there changed their response almost overnight, for example.”The survey, funded by HHI and Brigham and Women’s Hospital, is voluntary and open for anyone to take, the researchers said. Data will be analyzed more deeply in three-week waves even as data collection is ongoing. This is part of our Coronavirus Update series in which Harvard specialists in epidemiology, infectious disease, economics, politics, and other disciplines offer insights into what the latest developments in the COVID-19 outbreak may bring.Harvard researchers who learned hard lessons about distrust of health authorities during the recent Ebola epidemic in the Democratic Republic of the Congo are turning their eyes to the coronavirus pandemic, examining whether public trust — or lack thereof — translates into individuals following government health directives.With no effective treatment and the development of a vaccine still a year or so away, the public’s willingness to follow social distancing and other guidelines may be the most powerful tool remaining in the public health arsenal, according to Phuong Pham and Patrick Vinck, researchers at the Harvard Humanitarian Initiative. And that willingness depends to a large extent on trust.“There’s no vaccine and no prospective antiviral treatments for COVID-19 right now. The only interventions we have left are social-behavioral, so understanding people’s knowledge, perception, and their willingness to adhere to some of the recommendations and other social behavior interventions is really important,” said Pham, an assistant professor at both Harvard Medical School and the Harvard T.H. Chan School of Public Health. She is also the director of HHI’s Program on Evaluation and Implementation Science.To better understand how the public is receiving information from health and governmental authorities, Pham and Vinck devised an online survey that asks a series of questions about where people get their information, how much they trust it, their view of the ability of government and health authorities to handle the coronavirus outbreak, and whether they follow the advice they’re given. “I think the most damning data is around trust in the ability of the health services and the authorities to control the epidemic. The level of confidence is pretty low.” — Phuong Pham Harvard’s Waldo says the public flight to remote work will stress-test the internet — and some parts will need repair Could a new test identify immunity? Getting ready for the inevitablecenter_img Chan School’s Lipsitch outlines ways to forge through the COVID-19 pandemic, and maybe get some people back to work ‘There will be cascading failures that get fixed on the fly’ Medical School and Partners in Health aim to empower vulnerable communities globally and locally to respond to coronavirus The Daily Gazette Sign up for daily emails to get the latest Harvard news.last_img read more

An Artist Emerges: Debra Markowitz’s Creative Path to Books, Film & LIIFE

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York When it was time for Debra Markowitz to decide a college major, she hesitated before choosing business. She even enrolled at first as a drama major, but dropped it quickly. A business degree was sensible. Career choices would be plentiful. Besides, she had a talent for it.She buried the part of her that longed to study creative writing. Although she’d been writing since she was 6 years old, when she’d penned her first book, a creative life just didn’t seem practical. It was a pie-in-the-sky fantasy, and not something she was willing to bet her future on.It’s funny how things work out sometimes. Debra studied business, but life had other plans for her.Her business degree landed her in the Nassau County Department of Commerce and Industry 26 years ago. There, she recognized an opportunity to develop the stunning landscape in Nassau County into a moneymaker for the county: by creating a Nassau County Film Office. Being so close to Manhattan was a boon for filmmakers who craved a wider swath of locations to choose from. Markowitz got to work streamlining the permit process to make it faster and easier to film television shows, movies, and commercials right here.Almost from day one, it was a success.“We have the most production days out of any county, all of the boroughs, except Manhattan,” Markowitz tells the Press. “If we’re tracking 750, there are probably 2,000.”Nickerson Beach, Point Lookout, Eisenhower Park, the Nassau County Executive building and the historic and opulent Gold Coast mansions are popular spots for filmmakers. Yet so are Long Beach Memorial Hospital and Nassau County Correctional Center. Thus, it can be difficult to get clearance to shoot at these extremely sought-after locations. Markowitz has been instrumental in cutting through the red tape. You can catch some of these locales on Sports Network, Royal Pains, The Good Life, Police State and Running Wild.This close proximity to the film industry brought Markowitz on a head-on collision course with her dream of a creative life.Seventeen years ago, the Long Island Film and Television Foundation approached Markowitz at the Nassau County Film Office about creating a film expo. In just 12 weeks, 50 films were screened at the Malverne Cinema. Kicked off with Long Island celebrities including Steve Buscemi, Kelly Rutherford, Karen Allen and Oleg Cassini, the Long Island International Film Expo (LIIFE) was born.The acclaimed film festival has grown exponentially every year since. Presently in its 17th season, when it opens July 9 at Bellmore Movies it will host 158 independent films from Long Island, across the country, and around the world, including the Philippines, France, Russia, Arab Emirates, Australia, Italy and Spain, to name a few. The LIIFE has partnered with the Long Island Rail Road to give filmgoers staying in Manhattan direct access to downtown Bellmore, where the train stops. They frequent the restaurants and shops, scout locations here on Long Island, and quite simply, fall in love. The festival runs through July 17.“Besides the cultural aspect, they drop a lot of money here,” says Markowitz, 56, a lifelong North Merrick resident. “It’s great for economic development here.”Debra Markowitz, in action on the set of her zombie comedy The Last Taxi Driver, which she wrote, directed, produced and was also its casting director.That’s the business side talking. The creative side has become deeply immersed in the film industry: from casting films to producing and directing to writing. Since 2001, Markowitz has felt free to indulge her creative life.She was on vacation in Montauk with her children when an idea for a novel revealed itself to her, fully formed. That night, after she put her children to bed, she felt compelled to write the idea down. That compulsion returned every night thereafter until her first historical fiction novel, Naked in the Rain, was completed. It inspired such a devoted following that she was inspired to write a sequel to quench her readers’ curiosity about the fate of the characters.And she hasn’t stopped writing since. From novels and novellas to ghost writing and finally to screenwriting, Markowitz spoke of how her nights and weekends are taken up by her creative projects these days.“Most people relax,” she sighs. “I make movies.”Her first attempt at a screenplay was inspired by a silly story she imagined while she was taking a walk with her boyfriend. True to form, she put pen to paper and created her first script, even though she’d never written anything like that before. A comedy about zombies, The Last Taxi Driver was met with high praise from everyone she dared to show it to. This February, after a grueling three-day outdoor shoot that saw six different weather patterns, filming was completed on her screenplay debut, starring Robert Clohessy from Blue Bloods and Emily Jackson of TV’s Fringe.The elation of that film inspired Markowitz to keep going. After the essence of a film came to her in a dream, Markowitz wrote Leaving, an emotional exploration of the human spirit.Markowitz noted that at different points during the shoot, nearly everyone on set—from the cast to the crew—broke down in tears.“This film affected everybody differently,” she says. “But it affected everyone deeply.”It’s safe to say that Markowitz is no longer all business. She has reconciled the two parts of who she is to reveal her complete picture: an artist.The Long Island International Film Expo (LIIFE) kicks off its 17th season July 9 and runs through July 17 at Bellmore Movies at 222 Pettit Avenue in Bellmore. Go to longislandfilm.com for a complete schedule of films, panels and events.last_img read more

Roger Stone Heads to Jail June 30th

first_imgRoger Stone will be heading to jail on June 30th unless his friend President Trump Pardon’s him. Here’s Stone talking about the prosecutorial misconduct in his case.Roger StoneStone was sentenced to 40 months in prison by a federal judge in November after his conviction for lying to Congress, tampering with a witness and obstructing former special counsel Robert Mueller’s investigation. Stone has been living at his home in Broward since his early morning arrest by a heavily armed SWAT team in early 2019.Stone posted about about the date on his Instagram account Thursday, writing the messages “#deathsentence” and “#freerogerstone.” “The Bureau of Prisons has changed the date … of my surrender to June 30 but I will NOT be quarantined for Covid-19,” Stone wrote in the post.last_img read more

Alexander: For Dodgers, determination doesn’t seem to be enough

first_imgBut Baseball Twitter soon had other things to worry about, not least a second-guess on Executive Time: Dodgers hit seven home runs, sweep Colorado Rockies Roberts’ response was diplomatic.“The president said that? I’m happy he was tuning in and watching the game,” he said. “I don’t know how many Dodger games he’s watched. I don’t think he is privy to the conversation. That is one man’s opinion.”Anyway, the manager has other things to worry about.Related Articles If this sounds like a redux of Game 2 last year against Houston, when Hill was taken out while pitching well and things fell apart … well, some habits are just tough to unlearn, I guess.The Dodgers’ marketing slogan in 2018 was “Determined,” a not-so-subtle reference to finishing one game short of last year’s championship. They have proceeded to do things the hard way throughout this season, and their task now is the hardest of all: Coming back from a 3-1 World Series deficit against a team that won 108 regular-season games, led baseball in most offensive categories and has been absolutely artful in this series in scoring runs with two out.Seven of Boston’s nine runs Saturday came with two out, including Mitch Moreland’s three-run homer off Ryan Madson in the seventh to draw close and two big hits in the ninth off Kenta Maeda: Steve Pearce’s three-run double for an 8-4 lead, and J.D. Martinez’ RBI single to make it 9-4. (Jansen’s contribution, a game-tying home run by Pearce, came with one out in the eighth.)For the series, 17 of Boston’s 23 runs have come with two out. You may think you’re almost out of danger, in other words, but you aren’t.“We had two guys go up there and build an inning before me, and we just kept grinding and kept grinding,” Moreland said. “With our mindset, we can change a game quick. We play 27 outs, or however many it was (Friday) night. We’re going to grind it until the last out, the last pitch, and we’ve proven that all year. We’ve had a lot of come-from-behind wins. We can throw a big inning together pretty quick.” Fire danger is on Dave Roberts’ mind as Dodgers head to San Francisco How Dodgers pitcher Ross Stripling topped the baseball podcast empire LOS ANGELES — While Kenley Jansen was explaining his and his team’s latest disappointment in the Dodgers clubhouse on Saturday night, reporters’ phones all went off at once.It was an Amber Alert. And no, it didn’t involve a runaway World Series, but that’s what we seem to have.Less than 21 hours after the Dodgers won a survival test and figured they’d changed the momentum of the 114th World Series, the Boston Red Sox flipped it right back Saturday night.How agonizing was that 9-6 Red Sox victory, in which the Dodgers had a 4-0 lead going into the seventh inning and blew it? Even the President second-guessed Dave Roberts, joining the chorus of Twitter critics who objected when the Dodgers’ manager pulled Rich Hill one out into the seventh, after 91 pitches, only to see the bullpen cough up the game.center_img Cody Bellinger homer gives Dodgers their first walkoff win of season Maybe the Dodgers have just run into a team that is more, um, determined than they are.At this point, they are falling back on platitudes and trying to find something – a thread of history, a glimmer of hope – that can propel them. They thought they had it early Saturday morning, after surviving 18 innings and forcing Red Sox manager Alex Cora to use not one, not two, not three, but four of his starting pitchers. Their starters were fresh, Boston’s starters were supposedly ragged, and … well, look where that got them.Instead of bringing back Chris Sale on three days’ rest, as had been widely assumed, Cora used left-hander Eduardo Rodriguez, who had thrown six pitches in relief in Game 3. Rodriguez provided five solid innings before a messy sixth.He also gave Twitter a world-class meme after serving up Yasiel Puig’s three-run homer in that inning: Dodgers’ Max Muncy trying to work his way out of slow start Forty of the 48 teams in World Series history who have taken 3-1 leads have gone on to win. The 2016 Cubs were the last to come back from such a deficit, winning Game 7 in 10 innings in Cleveland. The last before that: The 1985 Royals, with eternal gratitude to umpire Don Denkinger.That history is about the only encouragement the Dodgers have left. And they’ll have to go through David Price on Sunday, and then Chris Sale in a potential Game 6 in Boston on Tuesday just to get to that opportunity.“It’s been done before,” Manny Machado said. “We’re gonna stay positive, always. We know what type of team we have. We’ve been grinding all year, we’ve been grinding in this series, so what’s three more games? Grind it all out. Keep playing, keep playing like we have. I believe in everybody in here, that we can do it.“If there’s a team that can come back from 3-1, it’s definitely us.”OK. Prove it. (And a little Johnny Hustle wouldn’t hurt.)[email protected]@Jim_Alexander on Twitter Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more