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Legal experts call for a repeal of UAPA over misuse and rights violations

Legal experts call for a repeal of UAPA over misuse and rights violations

Frontline / by Frontline Web Desk

Senior advocates and rights activists raise concerns over the draconian application of UAPA, arbitrary arrests, and denial of constitutional rights.
If the present government comes back to power, “we will see the use of terrorism legislation in a manner that we’ve never seen before” said senior advocate of the Supreme Court, Colin Gonsalves, the founder of the Human Rights Law Network. “We’re at a very tenuous period of our history, a very dangerous period,” he added.
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Gautam Navlakha Released | Gautam Navlakha’s letter on release from custody

Gautam Navlakha Released | Gautam Navlakha’s letter on release from custody

Released: Gautam with his partner Sabha Husain

Gautam Navlakha’s letter on release from custody

19/05/2024

pudr.org / by Gautam Navlakha

I wish to thank the Supreme Court for upholding the bail granted to me by the Bombay High Court. It proved to be a long wait but well worth it.
Although happy for myself, I am saddened that the fate of scores of fellow dissidents implicated in a variety of cases, still hangs in balance. Years of our life have been snatched from us as prisoners awaiting trial, which itself will take years to conclude.

Read full letter


Others still languish in life of uncertainty, says activist Gautam Navlakha on release from custody

19/05/2024

Scroll.in / by Scroll Staff

The human rights activist was granted bail by the Supreme Court in the Bhima Koregaon case on May 14.
Human rights activist Gautam Navlakha on Sunday said that while he had been released from custody in the Bhima Koregaon case, he is saddened that the fate of several fellow dissidents implicated in other cases still hangs in balance.
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Gautam Navlakha Released

19/05/2024

The Wire / by The Wire Staff

Gautam Navlakha was released from custody, which had been in the form of house arrest in Navi Mumbai, on Saturday late evening, at around 8:30 pm.
The Supreme Court on May 14 lifted the stay on the bail granted to rights activist Gautam Navlakha, who was arrested in the Elgar Parishad case.
Read more


Also read:
Gautam Navlakha granted bail by Supreme Court; orders him to pay 20 lakhs for the expenses incurred during his house arrest (cjp / May 2024)
Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)

A Captive’s Musings on Freedom: Gautam Navlakha’s Notes From Prison

A Captive’s Musings on Freedom: Gautam Navlakha’s Notes From Prison

19/05/2024

The Wire / by Gautam Navlakha

It is at a time like this that one faces a critical choice: to either fall silent and submit to the authorities or to continue to strive and struggle for freedom, unmindful of the outcome.
The following is an article written by activist Gautam Navlakha during his period of incarceration.

…..No, freedom does not die alone. At the same time justice is forever exiled, the nation agonises, and innocence is crucified anew every day.”

– Albert Camus in Resistance, Rebellion and Death.

A captive’s understanding of freedom, by its very loss, becomes acute. Severe restrictions on movement and mobility are compounded by unreasonable constraints placed on expression and speech.
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Draconian Laws Promoting Authoritarian Rule Should Be Repealed

Draconian Laws Promoting Authoritarian Rule Should Be Repealed

Poster campaign by PUDR || PUDR welcomes bail to civil rights activist Gautam Navlakha (pudr.org / May 15, 2024)

Draconian Laws Promoting Authoritarian Rule Should Be Repealed

19/05/2024

Peoples Democracy / by G Ramakrishnan CPI(M)

… After BJP came to power in 2014, the situation in our country has gone from bad to worse. The situation now is akin to an undeclared emergency. The last ten years of the Modi government have seen unprecedented attack on democracy and democratic rights. The lawless laws, Unlawful Activities Prevention Act (UAPA), National Security Act (NSA), Prevention of Money Laundering Act (PMLA) and the central Agencies like the Enforcement Directorate (ED), CBI and Income Tax department have been used to target the leaders of the opposition parties and those who criticise and oppose the policies of the Modi government at the centre.
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Also read:
▪ Five years behind bars for five activists (PUDR / June 2023)
CASR: Release activists incarcerated in Bhima Koregaon Case (Countercurrents / June 2023)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report


Supreme Court Adjourns Bail Plea Of Jyoti Jagtap To July

Supreme Court Adjourns Bail Plea Of Jyoti Jagtap To July

Live Law / by Debby Jain & Gyanvi Khanna

The Supreme Court today (on May 16) has adjourned the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap to July. It may be noted that the plea for interim bail was listed before the three-judge Bench of Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi yesterday. However, it was re-listed for today.
Read more


by Bar and Bench / @barandbench (May 16):

“We cannot hear this now. We will have it after reopening”: Supreme Court adjourns bail plea of Bhima Koregaon accused Jyoti Jagtap to July.


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)
Jyoti Jagtap’s bail plea adjourned again, to be heard with Shoma Sen’s (The Leaflet / Jan 2024)
What is Kabir Kala Manch, the cultural group accused of being a Maoist front? (The Indian Express / Jan 2024)

Video: Who are the accused, how many are still in jail / Cases and Charges against the BK16

Video: Who are the accused, how many are still in jail / Cases and Charges against the BK16

By The Print @ youtube


en | 7:23min | 2024
Granting bail to Gautam Navlakha in the Bhima Koregaon violence case, the Supreme Court on Tuesday noted that the trial in the case was not likely to conclude any time soon. What was this case about, how many people have been arrested and how many are out on bail? Apoorva Mandhani tells you in this video.
Watch video


The cases and charges against the Bhima Koregaon 16 | Explained

18/05/2024

The Hindu / by Saumya Kalia

An update on the legal status of the 16 activists, lawyers, scholars and artists arrested in the Elgar Parishad-Bhima Koregaon case in 2018.
On March 16, human rights activist Gautam Navlakha penned a letter, piecing together words of lament and surrendering to imminent arrest. Mr. Navlakha, is among the 16 human rights defenders who were arrested without trial in 2018 under the Unlawful Activities (Prevention) Act, 1967, for their alleged role in instigating caste violence at Bhima Koregaon.
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Bhima Koregaon case timeline

14/05/2024

Hindustan Times / by HT Correspondent

The case relates to alleged provocations at a conference that allegedly triggered unrest near the Koregaon-Bhima war memorial in Pune
The Supreme Court on Tuesday granted bail to civil rights activist Gautam Navlakha in the 2018 Bhima Koregaon violence case, saying it might take several years for the trial to conclude considering the number of witnesses and other pertinent factors. Navlakha was arrested for allegedly making provocative remarks in December 2017 at an Elgar Parishad conference a day before violence near the Koregaon-Bhima war memorial.
A timeline of the case:
Read more


SC grants bail to Gautam Navlakha: All about the Bhima Koregaon violence case, other accused

14/05/2024

The Indian Express / by Express Web Service

Navlakha was placed under house arrest in Navi Mumbai subject to strict conditions following a Supreme Court order in November 2022, after he pleaded poor health

Timeline
Gautam Navlakha was arrested on April 14, 2020, over his alleged involvement in the violence that erupted in Bhima Koregaon village in Pune district on January 1, 2018. Sixteen activists have been arrested in the case — nine by Pune Police in 2018, and another seven by the NIA after it took over the investigation in January 2020 — and eight of them are currently out on bail.
Read more


Also read:
Bhima Koregaon: The process continues to clot as punishment as another year passes by (The Leaflet / Jan 2024)
Truth and dare in Bhima Koregaon (The Leaflet / Oct 2023)

PUDR welcomes bail to civil rights activist Gautam Navlakha / NAJ, DUJ, APWJF Welcome Bail

PUDR welcomes bail to civil rights activist Gautam Navlakha / NAJ, DUJ, APWJF Welcome Bail

PUDR welcomes bail to civil rights activist Gautam Navlakha

15/05/2024

pudr.org / by Peoples Union for Democratic Rights (PUDR)

In the Bhima Koregaon case, with relief PUDR welcomes the Supreme Court order upholding regular bail for Gautam Navlakha, a well-known civil rights activist, author and journalist. The Bombay High Court had granted Navlakha bail on December 19, 2023, but the Court also stayed his release and gave three weeks to the NIA to appeal in the Supreme Court. The Supreme Court had extended the stay. On May 14, 2024, the Supreme Court ended the stay on bail, stating that Gautam Navlakha has spent over four years in custody, the charges are yet to be framed, and the trial would take several years to complete.
Read full statement


NAJ, DUJ, APWJF Welcome Bail to Journalists

15/05/2024

Sabrangindia / by Sabrangindia

Three journalists’ unions have welcomed the bail given to journalists Prabir Purkayastha, Gautam Navlakha and Asif Sultan in three different UAPA cases. The National Alliance of Journalists (NAJ), the Delhi Union of Journalists (DUJ) and the Andhra Pradesh Working Journalists Federation (APWJF) in a joint statement hailing the bail orders warned against malicious prosecution and re-arrest of these journalists.
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‘Trial will take years & years & years:’ SC grants bail to Gautam Navlakha

‘Trial will take years & years & years:’ SC grants bail to Gautam Navlakha

Gautam Navlakha

Gautam Navlakha Gets Bail, But the Elgar Parishad Ordeal Continues

16/05/2024

The Wire / by Mekhala Saran

‘We are really hopeful now but also angry that a clearly innocent man has to remain in jail.’
On Tuesday, May 14, the Supreme Court finally refused to continue enabling the prolonged incarceration of septuagenarian activist and journalist Gautam Navlakha.
Noting that the trial would take “years and years and years for its completion,” the Supreme Court refused to extend its stay on the Bombay high court’s order granting bail to Navlakha. But the apex court only arrived at their decision — “no need for extending the interim order of stay,” it said — after Navlakha had already suffered over four years of incarceration. This includes a period of four months after the Bombay high court had already found that there was no material to implicate him under terrorism-related charges.
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Gautam Navlakha granted bail by Supreme Court; orders him to pay 20 lakhs for the expenses incurred during his house arrest

15/05/2024

cjp.org / by CJP Team

Noting that trial may take years to complete, SC bench of Justices MM Sundresh and SVN Bhatti refused to extend the stay on Navlakha’s bail
On May 14, the Supreme Court bench of Justices MM Sundresh and SVN Bhatti granted bail to Gautam Navlakha in Bhima Koregaon conspiracy case, arguing that the accused has already undergone 4 years of incarceration and the trial may take “years and years and years” to complete.
The Supreme Court did not extend the stay on the bail, noting that the charges are yet to be framed and six of the co-accused in the case have already secured bail.
Read more


Supreme Court Lifts Stay on Bail Granted to Gautam Navlakha in Elgar Parishad Case

14/05/2024

The Wire / by The Wire Staff

Navlakha had been arrested on April 14, 2020. Since November 10, 2022, he has been under house arrest in Mumbai.
The Supreme Court on Tuesday (May 14) lifted the stay on the bail granted to rights activist Gautam Navlakha, who was arrested in the Elgar Parishad case. The Bombay High Court had granted Navlakha bail on December 19 last year, but the court had then agreed to a three-week stay on its decision in which the National Investigation Agency could approach the Supreme Court.
Read more


Gautam Navlakha gets bail as Supreme Court lifts stay on Bombay High Court order

14/05/2024

Bar & Bench / by Abhimanyu Hazarika

A Bench of Justices MM Sundresh and SVN Bhatti refrained from extending the stay as the High Court order was detailed and also because the trial would take years to complete.
Gautam Navlakha, accused in the Bhima Koregaon violence case of 2018, got bail on Tuesday after the Supreme Court lifted the stay on the Bombay High Court order granting bail to the activist.
A Bench of Justices MM Sundresh and SVN Bhatti refrained from extending the stay as the High Court order was detailed and also because the trial would take years to complete.
Read more


Supreme Court grants bail to activist Gautam Navlakha in Elgaar Parishad case

14/05/2024

The Indian Express / by Express Web Service

The court also said that Navlakha has to pay Rs 20 lakh towards expenses for the security he availed during his house arrest.
Four years after his arrest, the Supreme Court on Tuesday granted bail to activist Gautam Navlakha in the Elgaar Parishad case.
The court granted bail considering Navlakha’s age and that trial will not be over anytime soon. The court also noted that some of the co-accused in the case have been granted bail.
Read more


Human rights activist Gautam Navlakha gets bail in Bhima Koregaon case

14/05/2024

Scroll.in / by Scroll Staff

The 70-year-old activist, arrested in August 2018, has been under house arrest since November 2022.
Human rights activist Gautam Navlakha was on Tuesday granted bail by the Supreme Court in the Bhima Koregaon case, Bar and Bench reported.
A bench of Justices MM Sundresh and SVN Bhatti granted the bail subject to the payment of Rs 20 lakh towards the cost of Navlakha’s security during his house arrest.
Read more


‘Trial will take years & years & years:’ SC grants bail to Bhima Koregaon accused Gautam Navlakha

14/05/2024

The Print / by The Print Team

The top court noted the former journalist was in jail for 4 years already, and that charges in the case were yet to be framed.
The Supreme Court Tuesday granted bail to activist Gautam Navlakha, an accused in the 2018 Bhima Koregaon case, observing that the trial in the case was not likely to end any time soon.
A bench of Justices M.M. Sundresh and S.V.N. Bhatti said Navlakha had been incarcerated for more than four years and that the trial would take “years and years and years” to complete.
Read more


Also read:
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)

If those on bail are tracked 24/7, has their liberty really been (partially) restored?

If those on bail are tracked 24/7, has their liberty really been (partially) restored?

The Leaflet / by Gursimran Kaur Bakshi

How does pairing mobile phones and using GPS trackers on persons on bail sit with settled jurisprudence and what do experts have to say on the issue? 
Last month, the Supreme Court granted the former head of the department of English at Nagpur University, Professor Shoma Sen, bail in the Bhima Koregaon case under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
Read more


Also read:
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)

Social Activist Anand Teltumbde’s Discharge Plea Rejected By Special UAPA Court

Social Activist Anand Teltumbde’s Discharge Plea Rejected By Special UAPA Court

Poster by Siddesh Gautam / #bakeryprasad

Social Activist Anand Teltumbde’s Discharge Plea Rejected By Special UAPA Court

12/05/2024

The Free Press Journal / by Charul Shah Joshi

The court said determination of the evidence and rival contentions can take place only on conclusion of trial.
The special UAPA court has rejected scholar and activist Anand Teltumbde’s plea of discharge in the Elgar Parishad case, observing that material presented by the prosecution raises suspicion and is required to be tested in the trial.
Read more


Teltumbde part of Elgar plot, shows material

12/05/2024

Times of India / by Rebecca Samervel

In a detailed order rejecting the discharge plea of scholar and activist Anand Teltumbde in the Elgar Parishad case, a special NIA court on Friday said there is material which prima facie reveals about his involvement in the alleged conspiracy.
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NIA court rejects Anand Teltumbde’s discharge plea

12/05/2024

Hindustan Times / by Rutuja Gaidhani

Special judge Rajesh J Katariya rejected the plea, observing that the material placed on record revealed involvement of Teltumbde in the conspiracy and further disclosed grave suspicion
The special National Investigation Agency (NIA) court on Friday rejected the application filed by civil rights activist Anand Teltumbde for discharge from the Bhima Koregaon conspiracy case.
Read more


Also read:
Why the Bombay High Court granted regular bail to Dr. Anand Teltumbde: An explainer (The Leaflet / Dec 2022)

▪ Multi-part interview by Neeta Kolhakar

▫ Part 1: Anand Teltumbde: I never imagined I would have a jail life (Rediff.com / by Neeta Kolhakar / Jul 25, 2023)
▫ Part 2: Anand Teltumbde: If my mother knew of my arrest, she would have died of shock (Rediff.com / by Neeta Kolhakar / Jul 28, 2023)
▫ Part 3: Rama Teltumbde: We struggled to see each day through (Rediff.com / by Neeta Kolhakar / Jul 31, 2023)