VERNON GONSALVES

Out on Bail | Mumbai

Vernon Gonsalves is a trade unionist, activist, scholar, and author who has written extensively about the rights of Dalits and Adivasis, the state of Indian jails, and the everyday violations of prisoners' rights. He was a former professor of business management in a college in Mumbai. Gonsalves routinely critiques the establishment in his writing on current law and order concerns, together with Arun Ferreira. He also writes extensively the need to repeal UAPA. He was among the human rights activists arrested in connection with the January 2018 Bhima Koregaon violence. Gonsalves was previously arrested under the UAPA in 2007 and imprisoned for six years before being freed on all counts with the exception of one case that is currently pending. On August 19, 2007, the Maharashtra Anti-Terror Squad detained Gonsalves from his apartment in Mumbai. They claimed that he was a "top-level" Naxalite, in possession of explosives, a previous member of the Maoist central committee, and the former secretary of the Maharashtra State Rajya Committee. Under the UAPA, he was accused in 20 cases. Gonsalves was freed from jail on June 27, 2013. He was exonerated in 17 of the cases brought against him, convicted in one case while one was dismissed.

Charges

Sections 121 (waging, or attempting to wage war, or abetting waging of war, against the Government of India), 121A (conspiracy to commit offences punishable by section 121), 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 505(1)(b) (statements conducing to public mischief), 117 (abetting commission of offence by the public or by more than ten persons) and 120B (punishment of criminal conspiracy), read with 34 (acts done by several persons in furtherance of common intention), of the IPC, and under Sections 13 (punishment for unlawful activities), 16 (punishment for terrorist act), 17 (punishment for raising funds for terrorist act), 18 (punishment for conspiracy etc.), 18B (punishment for recruiting of any person or persons for terrorist act), 20 (punishment for being member of terrorist gang or organisation), 38 (offence relating to membership of a terrorist organisation), 39 (offence relating to support given to a terrorist organisation) and 40 (offence of raising fund for a terrorist organisation) of the UAPA.

Timeline

August 5, 2023

He walked out of prison.

July 28, 2023

Vernon was granted bail by the Supreme Court.

September 7, 2022

It is only after Gonsalves’s lawyer and wife, Susan Abraham, approach the court and obtain an order, that the prison authorities finally admit him in the emergency ward of JJ hospital, where he is given oxygen support. He is still under treatment.

August 30, 2022

Gonsalves falls ill with fever, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail, for almost a week.

August 18, 2022

The Supreme Court, after hearing the bail petition filed by Gonsalves at a length, keeps the petition pending with it for three months. In the meantime, it directs the trial court in Mumbai to decide whether the charges are to be framed against the accused under the stringent UAPA and the IPC. The Court also directs the special court to segregate Gonsalves’ trial from that of other accused who are absconding.

August 2021

The NIA submits draft charges to a special court in Mumbai, claiming that Gonsalves and others accused in the case were active members of the banned terrorist organisation Communist Party of India (Maoist). It also alleges that the accused want to establish a “janta sarkar” via “revolution supported by a commitment to protracted armed struggle to undermine and to seize power from the state.” The accused were charged with over a dozen offenses including, "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony" (Sec. 153A IPC), public mischief (Sec. 505(1)(B) IPC), “waging, or attempting to wage war, or abetting waging of war, against the Government of India” (Sec. 121 IPC), “conspiracy to commit offences” waging war against the state (Sec. 121A IPC), sedition (Sec. 124A IPC), and several sections under UAPA.

February 14, 2020

An order is passed to move the investigation in the Bhima Koregaon case to the National Investigation Agency (NIA) court in Mumbai. Meanwhile, all nine human rights defenders have been transferred to Arthur Road Jail in Mumbai.

January 24, 2020

The centre abruptly transfers the inquiry into the Bhima Koregaon case from the Pune Police, in the state of Maharashtra to the National Investigation Agency (NIA), a central agency.

October 15, 2019

Bombay High Court denies bail to Gonsalves, holding that there were reasonable grounds for believing that the accusation against him was prima facie true.

August 27, 2019

The Bombay High Court begins hearing the bail plea of Vernon Gonsalves, which was moved in the month of August.

October 26, 2018

Gonsalves is taken into custody after a Pune Sessions court rejects his bail application and petition to extend his house arrest.

August 30, 2018

Gonsalves is placed under house arrest.

August 28, 2018

Vernon Gonsalves is arrested from his residence in Mumbai over the ongoing investigations into the Bhima-Koregaon violence, which took place in January 2018.

June 27, 2013

Gonsalves is released from prison after serving time. He is exonerated in 17 of the cases brought against him, dismissed in one, and convicted in one.

August 19, 2007

The Maharashtra Anti-Terror Squad arrest Gonsalves from his residence in Mumbai's Andheri. They allege that he was a "top-level" Naxalite, who possessed explosives. Security agencies slap 20 cases against Gonsalves under various sections of the Unlawful Activities (Prevention) Act and Arms Act.

VERNON GONSALVES

Charges

Timeline

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