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Author: Asha

When Push Comes to Shove: Tracking Judicial Recusals and Transfers

When Push Comes to Shove: Tracking Judicial Recusals and Transfers

The Wire / by Sukanya Shantha

Taking stock of some cases important for the right to life and liberty and freedom of expression where judges left mid-way. 
… The Elgar Parishad case against 16 human rights defenders has gone through several twists and turns over the past five years. Both the state and the Central agency’s role, the subsequent investigations and the electronic evidence allegedly gathered from the accused have faced severe criticism. Even five years later, the trial is yet to commence and those imprisoned have been moving bail applications at different levels. In some of these matters, a number of judges from the Bombay high court and the Supreme Court have recused themselves.
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Also Read:
Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, others (India Legal / March 2023)

A Requiem for Fr Stan Swamy

A Requiem for Fr Stan Swamy

Poster by #bakeryprasad

Herald Goa / by Jairam N Menon

Authorities everywhere – from classrooms to corporate boardrooms to national capitals – love silent spectators. Silent spectators look after their own interests, and if they see something that is wrong, they may sympathise but turn their eyes away. They are susceptible to the usual blandishments – an out-of-turn promotion, a plum posting etc. If nothing works, they are easy to intimidate. Outliers, on the other hand, are different. They come with a spine of steel. Authority finds them hard to understand, let along manage.
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I am not a Silent Spectator – Why Truth has become so bitter, Dissent so intolarable, Justice so out of reach

An Autobiographical Fragment, Memory and Reflection

Indian Social Institute, Bangalore | by Stan Swamy | August 2021
Edition: Aug 2021
Publisher: Indian Social Institute, Bangalore
Language: English
Paperback: 149 pages
Access a free PDF copy of the book here

The Surveillance Industry Is Killing Democracy. People Need to Demand Accountability.

The Surveillance Industry Is Killing Democracy. People Need to Demand Accountability.

The Wire / by Srinivas Kodali

India is shopping for a new spyware technology after it was revealed that government agencies misused Pegasus. Only if the people take to the streets can there be oversight of these agencies.
Last week, the Financial Times disclosed that the Indian government is making fresh efforts to procure spyware that has a lower footprint than NSO Group’s Pegasus to continue its surveillance of dissenters, opposition leaders and human rights activists. 
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Also read:
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)

Jesuit priest accused of terrorism was victim of digital hacking

Jesuit priest accused of terrorism was victim of digital hacking

Illustration by #bakeryprasad

Independent Catholic News / by John McManus

Today, Jesuit Missions, the international mission and development office of the Jesuits in Britain, along with the international Xavier Network, are calling on the Indian Government to clear Fr Stan’s name, especially in light of new evidence which proves that he was systematically targeted during a four-year campaign, during which time falsified evidence was planted on the priest’s computer.
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Also read:
Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case (Mumbai Rises to Save Democracy / Dec 2022)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

The Secret Of The Sealed Cover!

The Secret Of The Sealed Cover!

Rising Kashmir / by Dr. Swati Jindal Garg

Even though there is a specific law that defines sealed cover jurisprudence, the concept also finds a mention in Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872
… In the Bhima Koregaon case also, wherein activists were arrested under the Unlawful Activities Prevention Act, the Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover. In the case of activist Gautam Navlakha, the police had submitted a sealed envelope including information recovered from the electronic devices seized from the activist. 
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Also read:
NIA highlights Gautam Navlakha’s ‘Pakistani connect’ to oppose bail in Elgar Parishad case (India Today / Feb 2023)

Hany Babu has been granted honorary doctorate degree by Ghent University

Hany Babu has been granted honorary doctorate degree by Ghent University

by Maktoob / @MaktoobMedia (Apr 3):

dutch (en subtitles) | 2:51min | 2023

Noted academic Dr Hany Babu, a UAPA prisoner in the Bhima Koregaon case, has been granted honorary doctorate degree by Ghent University in Belgium. Dr Anne Breitbarth, Ghent University in this video read a poem on Babu by Shivangi Mariam Raj. It was published in Maktoob.
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Also Read:
● Jailed professor Hany Babu gets Honorary Degree by Ghent University in Belgium (free-them-all.net / March 23, 2023)

Anand Teltumbde Explains the Genesis of His Articles on Bhima-Koregaon

Anand Teltumbde Explains the Genesis of His Articles on Bhima-Koregaon

The Wire / by Anand Teltumbde

Instead of addressing the pathetic condition of Dalits, many Ambedkarites are busy promoting a devotional cult of Babasaheb, hollowing out his radical content and helping the ruling classes exploit his legacy.
In view of the controversy my article in The Wire of January 2, 2018 created – which I did not have an occasion to respond to with an explanation due to my entrapment in the case that paradoxically pivoted on the allegation that I was the main organiser of the Elgar Parishad – this note is intended to explain the factual background and motive for my writing the article.
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Also Read:
The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend (The Wire | by Anand Teltumbde | Jan 2018)
Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (dailyo | by Arun Ferreira and Vernon Gonsalves | Jan 2018)
Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│ by Sudhir Dhawale │ March 2018)

Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, 3 others

Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, 3 others


By Bar & Bench (March 30):
Bench of Justice Revati Mohite Dere of Bombay High Court recuses from hearing default bail pleas of Bhima Koregoan accused Mahesh Raut and 3 others.


Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, others

30/03/2023

India Legal / by India Legal

Justice Revati Mohite Dere of Bombay High Court on Thursday recused herself  from hearing the default bail petitions of Mahesh Raut and three others, who were arrested for their alleged involvement in the Elgar Parishad Maoists links case of 2018.
Earlier on March 1, the High Court had issued notice to the National Investigation Agency (NIA) on the default bail plea of Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson, who were arrested on June 6, 2018 under the Unlawful Activities (Prevention) Act.
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Also Read:
4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)

Koregaon Bhima enquiry commission gets another extension

Koregaon Bhima enquiry commission gets another extension

Graphic by Arun Ferreira & Vernon Gonsalves

Pune Mirror / by By PuneMirror Bureau

The government has also made it clear that this would be the last extension to the enquiry commission and no further time will be granted
The order issued by the state government stated that the commission has been granted an extension of three months till June 30, 2023 to submit the report
The Maharashtra government on Wednesday granted another extension of three months to Koregaon Bhima Enquiry Commission. The commission is investigating a sequence of events that led to communal violence reported in Koregaon Bhima in Pune district on January 1, 2018. The two-member commission is headed by a retired high court judge J N Patel and former chief secretary Sumit Malik is a member of it.
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Also Read:
Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 27, 2022)
Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 30, 2018)
Saffron Conspiracy in Bhima Koregaon? – Fact finding report by Rashtra Seva Dal unearths insidious scheme to target Dalits (CJP / Jan 2018)

Dark Days for Human Rights Activists in India

Dark Days for Human Rights Activists in India

International Policy Digest / by Paul Newman

On November 28, 2018, A.P. Jithender Reddy, a former member of the Lok Sabha, the lower house of India’s parliament, introduced legislation protecting human rights activists…
In February, the UN Working Group on Arbitrary Detention released an opinion, declaring Swamy’s detention arbitrary and his death “utterly preventable.” Many other activists including Vernon Gonsalves, Arun Ferreira, Anand Teltumbde, and Sudha Bharadwaj stand accused of similar offenses.
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