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Supreme Court Adjourns Jyoti Jagtap’s Plea To August 7

15/07/2024 Asha

Supreme Court Adjourns Jyoti Jagtap’s Plea To August 7

15/07/2024

Live Law / by Debby Jain

While adjourning to August 7 a plea filed by activist and Bhima Koregaon case accused Jyoti Jagtap challenging denial of regular bail by Bombay High Court, the Supreme Court today expressed that it was not inclined to grant interim bail to her.
The matter was before a bench of Justices MM Sundresh and Aravind Kumar, which was informed by Senior Advocate Mihir Desai (appearing for Jagtap) that the case was erroneously listed for interim bail.
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Supreme Court refuses to grant interim bail to jailed activist Jyoti Jagtap

15/07/2024

The Hindu / by pti

A Bench comprising justices M.M. Sundresh and Aravind Kumar also adjourned the hearing on the main bail plea of the activist. “We are not inclined to give interim bail”, Justice Subdresh said.
The Supreme Court on July 15 refused to grant interim bail to activist Jyoti Jagtap, who is in jail in connection with the Elgar Parishad-Maoist links case.
A Bench comprising justices M.M. Sundresh and Aravind Kumar also adjourned the hearing on the main bail plea of the activist.
Read more

Also read:
▪ Supreme Court Adjourns Bail Plea Of Jyoti Jagtap To July (Live Law / May 2024)
▪ What is Kabir Kala Manch, the cultural group accused of being a Maoist front? (The Indian Express / Jan 2024)
▪ SC says principles of Arun and Vernon bail judgment to apply to Jyoti Jagtap (The Leaflet / Nov 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

Explained: The Supreme Court’s judgment against 24/7 surveillance as a bail condition

14/07/2024 Asha

The Leaflet / by Gursimran Kaur Bakshi

In a significant judgment, the Supreme Court has held that a bail condition enabling police to monitor the movement of an accused out on bail through mobile phones is illegal and violative of Article 21 of the Constitution.
…
It remains to be seen whether this judgment of the Supreme Court will provide relief to the Bhima Koregaon-Elgar Parishad accused Shoma Sen, Vernon Gonsalves and Arun Ferreira, upon whom the judiciary has imposed similar bail conditions or whether this will be another case of a progressive Order in one case which is not followed by a similar Order in another case.
Read more

Also read:
▪ If those on bail are tracked 24/7, has their liberty really been (partially) restored? (The Leaflet / May 2024)
▪ Share Gps live location with nia 24×7: Supreme Court bail conditions for Shoma Sen (Bar & Bench / April 2024)
▪ Supreme Court grants bail to Vernon Gonsalves and Arun Ferreira, with tethers (The Leaflet / Jul 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

How the SC speaks in contradictory voices / Staying of bail Orders disastrous for human liberty, says SC

14/07/2024 Asha

How the SC speaks in contradictory voices on bail

14/07/2024

Scroll.in / by Vineet Bhalla

Bail has been reduced to a judicial lottery with different judges and benches of the court taking inconsistent stances on similar issues.
…
On July 11, the Supreme Court castigated the Delhi High Court for staying a regular bail order in separate case for over a year when it has itself stayed the order granting bail to Dalit activist Mahesh Raut in the Bhima Koregaon case for more than nine months now.
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Casual and mechanical staying of bail Orders disastrous for human liberty, says SC

13/07/2024

The Leaflet / by The Leaflet

In a significant development, a Supreme Court Bench of Justices Abhay S. Oka and Augustine George Masih has said it will lay down parameters on the stay of bail-granting Orders.
…
The Supreme Court itself has been guilty of staying bail Orders without reason. For instance, Bhima Koregaon accused Gautam Navlakha was granted regular bail by the Bombay High Court Bench on December 19, 2023, after observing that it could not be said, based on the material produced by the National Investigation Agency (NIA), that there exist reasonable grounds for believing that the accusation against Navlakha was prima facie true to attract Sections 16, 18, 20 and 39 of the Unlawful Activities (Prevention) Act.
Read more

Also read:
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)

Bhima Koregaon: Challenging Caste review: What led to Modi govt’s crackdown on intellectuals

14/07/2024 Asha

The Federal / by Binoo K John

Ajaz Ashraf underscores how Bhima Koregaon riots, and the subsequent clampdown on leftist leaders, was sparked by various interpretations of Shivaji’s role and his stature in the Marathi consciousnes
…
A voice of defiance against the state The 200th anniversary of Bhima Koregaon was the happy hunting ground of many such pro-Maratha organisations, waiting to confront the various Dalit organisations. Bhima Koregaon is the place where, in January 1818, the British army comprising Mahar Dalit soldiers won the battle against Peshwa ruler Baji Rao II.
Read more

Also Read:
▪ Book Excerpt | How Bhima Koregaon Became a Trope for Dalit Pride and Assertion (The Wire │ by Ajaz Ashraf │ June 2024)

▪ Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality

Author: Ajaz Ashraf
Publisher: AuthorsUpFront
Publishing Date: June 2024
Binding: Paperback
Language: English
Pages: 496
Read more/order

▪ The Incarcerations: Bhima Koregaon And The Search For Democracy In India

Author: Alpa Shah
Publishing Date: March 2024
Publisher: Harper Collins Publisher
Pages: 672
Read more / order

▪ Casting a Veil – What we miss by ignoring Maratha caste politics in the Bhima Koregaon case (The Caravan / Dec 2020)
▪ Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│ by Sudhir Dhawale │ March 2018)
▪ The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend (The Wire | Anand Teltumbde | Jan 2018)
▪ Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 2018)

BK-16 PRISON DIARIES: RAMESH GAICHOR’S PARENTS JUST WANT TO MEET HIM AGAIN BEFORE THEY DIE

12/07/2024 Asha

To mark six years of the arbitrary arrests and imprisonment of political dissidents in the Bhima Koregaon case, The Polis Project is publishing a series of writings by the BK-16, and their families, friends and partners. By describing various aspects of the past six years, the series offers a glimpse into the BK-16’s lives inside prison, as well as the struggles of their loved ones outside. Each piece in the series is complemented by Arun Ferreira’s striking and evocative artwork.

Credits: Drawing by Arun Ferreira / The Polis Project

THE POLIS PROJECT / by MURALIDHAR SITARAM GAICHOR AND SUMAN GAICHOR

Since childhood, Ramesh liked helping people in need. He would play with the kids in the neighbourhood. He taught at a college and worked as a clerk at a local hospital. During his graduation, he helped his friends from Nowrosjee Wadia College, Pune, to win a trophy in a one-act play competition. Later, the college gave him free admission to masters without charging any fees.
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Also read:
▪ BK-16 PRISON DIARIES: MINAL GADLING ON THE MANY CRUELTIES, IRONIES AND INJUSTICES OF SURENDRA’S IMPRISONMENT (THE POLIS PROJECT / JUlY 2024)
▪ BK-16 PRISON DIARIES: RUPALI JADHAV TRAVELS TEN HOURS FOR FLEETING EXCHANGES WITH JYOTI JAGTAP (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: JENNY ROWENA ON THE FEAR OF PRISONS AND THE BRAHMINICAL SYSTEM BEHIND IT (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: ANAND TELTUMBDE REFLECTS ON HIS ARREST AND INCARCERATION (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: STORIES OF LOVE, MURDER AND CHILD MARRIAGE FROM SHOMA SEN’S YEARS IN PRISONS (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: ARUN FERREIRA ON THE FARCE AND TRAGEDY OF THE PANDEMIC IN PRISON (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: VERNON GONSALVES ON THE STRUGGLE TO READ AND WRITE BEHIND BARS (THE POLIS PROJECT / JUNE 2024)
▪ INTRODUCING THE BK-16 PRISON DIARIES SERIES (THE POLIS PROJECT / JUNE 2024)

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

12/07/2024 Asha

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

15/07/2024

The Wire / by Ajay K. Mehra

The proposed legislation will authorise state police and other security agencies to arrest an accused person without warrant and by extension, without letting them know of their offence.
As soon as the Maharashtra Special Public Security Bill, 2024, tabled in the state legislative assembly on July 11 this year, becomes a law, the state government will have another draconian legal instrument to use against protesters, dissenters, critics and opponents. Like other such laws, this one too has strict provisions making an individual’s arrest non-bailable.
Since the need for such a law is being justified on the grounds that the “menace of Naxalism is increasing in urban areas… through Naxal frontal organisations”, dissenters being framed up as ‘urban Naxals’ is imminent.
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Colin Gonsalves writes: Under proposed ‘urban Naxal’ law, I could be arrested for fulfilling my duty

14/07/2024

The Indian Express / by Colin Consalves

Because the judiciary has let us down again and again, the government has become bold enough to draft a law to trap within its web all those who struggle without guns or bombs for a better India
…
We have gone through the experience of the arrest of the Bhima Koregaon lawyers and social workers, none of whom, even after five years of incarceration, could be shown to have engaged in any act of violence intended to overawe the state by warfare. All of them were denied bail by judges, up to the Supreme Court.
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‘Urban Naxal’ bill is bogey to smother opposition before Maharashtra polls, say Congress, CPI(M)

12/07/2024

The Hindu / by Ateeq Shaikh

In a strongly worded statement issued by the CPI (M) State Secretary, Deputy Chief Minister Fadnavis has been called a “hitman” for Prime Minister Narendra Modi and Union Home Minister Amit Shah
… The statement reads, “It is well-known that Devendra Fadnavis, then Chief Minister and Home Minister, acted as a hitman for Narendra Modi and Amit Shah in arresting innocent individuals under UAPA on false charges in the Bhima Koregaon case.
Read more

Also read:
▪ What is Maharashtra’s new Bill to curb ‘Naxalism in urban areas’? (The Indian Express / Jul 2024)
▪ Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)
▪ What makes an Urban Naxal? (MR online / Sep 2018)
▪ From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)

India: Submission to the UN Human Rights Committee on the deterioration of civic space

12/07/2024 Asha

India: Submission to the UN Human Rights Committee on the deterioration of civic space

12/07/2024

CIVICUS / by CIVICUS

CIVICUS has submitted a report to the UN Human Rights Committee on the state of civic space in India ahead of its review of the state’s implementation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) in July 2024.
…
The submission calls on the UN Human Rights Committee to make a series of recommendations, including:
Immediately and unconditionally release all HRDs, including Khurram Parvez, HRDs detained in the Bhima Koregaon case, student activists Umar Khalid and Gulfisha Fatima, journalists including Irfan Mehraj, academics and others detained for exercising their fundamental freedoms, and review their cases to prevent further harassment.
Read more
Download the India research brief

Also read:
▪ CIVIC FREEDOMS IN INDIA ‘REPRESSED’: GLOBAL MONITOR CIVICUS (The Wire / March 2023)
Read full report „People Power Under Attack 2022“
▪ India | Civicus Monitor Watchlist – Overview Of Recent Restrictions To Civic Freedoms (March 2022)
▪ AUTHORITIES HARASS AND SQUEEZE FUNDING OF NGOS WHILE ACTIVISTS, JOURNALISTS TARGETED IN INDIA (CIVICUS / Feb 2022)

Union gov’t shredded Right to Privacy Bill at the behest of intelligence agencies

11/07/2024 Asha

Reporters Collective / by Shreegireesh Jalihal, Swapnil Ghose and Saras Jaiswal

Modi government gave in to intelligence agenciesʼ demands for a “blanket exemption” from a proposed right to privacy law. It effectively killed a decade-old assurance to bring in a law to protect citizens from illegal surveillance
In 2012, the Congress-led government assured Parliament that a right to privacy law was in in the making. The eagerly awaited law was supposed to be a bulwark against surveillance on individuals, with rules spelling out when the government could snoop on citizens.
… While the assurance was still on the table, controversies emerged around allegations of government snooping on dissidents, and journalists using Pegasus, an Israeli military-grade spyware.
Read more

Also read:
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
▪ Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)
▪ They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

BK16 Poet Sagar Gorkhe Alleges Intimidation After Protesting Prison Corruption

09/07/2024 Asha

Arrested BK16 Poet Alleges Intimidation After Protesting Prison Corruption

10/07/2024

Indiejournal.in / by Prajakta Joshi

Gorkhe has been in prison since September 2020.
Poet and activist Sagar Gorkhe, who has been in prison since September 2020 in Elgar Parishad-Bhima Koregaon violence case, has alleged that the prison canteen at Taloja Central Jail is being run for the benefit of the wealthy inmates, at the expense of others. He has also made a shocking allegation that when he and his co-accused Mahesh Raut tried to voice these concerns, a senior jailor threatened them and also instigated criminals accused of serious crimes against them.
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‘Jailor instigating influential criminals against us for speaking up on graft’: Bhima Koregaon accused

09/07/2024

Newslaundry / by Prateek Goyal

Kabir Kala Manch activist Sagar Gorkhe has written to the police and the state human rights panel seeking action.
Bhima Koregaon violence case accused and Kabir Kala Manch activist Sagar Gorkhe has written to the Navi Mumbai police commissioner alleging that officials at the Taloja prison have directed other prisoners to silence them for trying to raise the issue of alleged corruption within the jail.
Read more

Also read:
▪ Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
▪ Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 2022)
▪ Video: The Prison Song of Surendra Gadling (The Wire / lyrics by Ramesh Gaychor)

hindi | 11min | 2021
51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video / Listen to the song

US House Urges India To Probe Activist Stan Swamy’s Death In Custody

09/07/2024 Asha

NDTV / by pti

According to the resolution, Father Stan played a key role in one of the most significant Adivasi movements in contemporary India.
Three American lawmakers have introduced a resolution in the US House of Representatives, encouraging India to pursue an independent investigation into the arrest, incarceration and death of Father Stan, a human rights activist who died in custody on July 5, 2021.
Read more

Also read:
▪ Jesuit Missions repeats call to clear Indian priest’s name (Indcatholic News / Jul 2024)
▪ Three years after Stan Swamy’s death in custody, activists recall his contributions to Adivasi cause (Scroll.in / Jul 2024)
▪ Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations (The New Indian Express / Sep 2023)
▪ Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)