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Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery

Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery

posters by @/bakeryprasad

The Wire / by Gautam Bhatia

The judgments denying bail to Jyoti Jagtap and Umar Khalid – from the Bombay and Delhi high courts respectively – reveal that UAPA adjudication continues to be inconsistent and judge-centric.
In June and October 2021, the Delhi and Bombay high courts had passed two important judgments on bail under the Unlawful Activities Prevention Act (UAPA). The Delhi high court’s judgment(s) granted bail to Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal, who were accused of various UAPA offences arising out of the February 2020 Delhi riots. The Bombay high court granted bail to Iqbal Ahmed Kabir Ahmed, who was accused of criminal conspiracy involving members of the banned ISIS group.
The significance of these judgments – I had written at the time – lay in how they articulated a “jurisprudence of liberty” within the stringent confines of the UAPA.
Read more


Also read/watch:
As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)
Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

Securing the right to health of political prisoners

Securing the right to health of political prisoners

The Leaflet / by Rohin Bhatt

It is time that the right to health becomes a reality, in letter and spirit to every person, irrespective of their incarceration status. This will have to be done through a wide scale, public health campaign, and rapid recruitment of qualified doctors with training in evidence-based medicine that can provide adequate care to prisoners.
It has been good law in India since Bandhua Mukti Morcha versus Union of India (1983) that the right to health is a fundamental part of right to life under Article 21 of the Constitution…
However, what happens when you are a political prisoner in India? These rights are vitiated, and the process becomes the punishment.
Read more


Also read/watch:
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022


en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

Statement by CASR: Release Saibaba and Others / Mining in Gadchiroli

Statement by CASR: Release Saibaba and Others / Mining in Gadchiroli

Countercurrents.org / by Campaign Against State Repression

Campaign Against State Repression (CASR) Strongly condemns the Supreme Court’s order to suspend the Acquittal of Saibaba and Others in Gadchiroli case pertaining to alleged ‘Maoist link’.
… They want to keep in jail, every voice that foisted the state’s attempt to militarily loot the people of their resources and livelihood through Operation Green-Hunt, which Saibaba and other’s jailed in Gadchiroli case and Bhima Koregaon case have strongly resisted. They want to do so to continue the exploitation of people and their resources in far off Central Indian Regions, in North Eastern states, Kashmir and everywhere. This is not just an attack on Saibaba and others, but a clear sign of continuing and ever sharpening attack on all involved in the struggle for a democratic society.
Read full statement


Also read:
● Appeal to Supreme Court of India to review and reconsider Saibaba’s and Others Case (Countercurrents.org / by Defense Committee for the Release of Saibaba / Oct 18, 2022)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
DISINHERITING ADIVASIS – THE GADCHIROLI GAME PLAN (KAFILA / June 2018)
Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / June 2017)

Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court [read order]

Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court [read order]

Kabir Kala Manch Incited Hatred By Ridiculing Phrases Acche Din, Demonetization In Plays: Bombay HC [read order]

18/10/2022

Live Law / by Sharmeen Hakim

Text ridiculing phrases like ‘Ram Mandir’ and ‘Acche Din’ aimed at the democratically elected government in Kabir Kala Manch’s plays at the Elgar Parishad event in 2017 incited hatred & passion and indicate a larger conspiracy, the Bombay High Court has held.
In its detailed order refusing bail to accused Jyoti Jagtap under UAPA, the HC also took exception to the mention of ‘gomutra,’ ‘calling the PM an ‘infant,’ ‘sanatan dharma,’ ‘atrocities of peshwas towards dalits’ and ‘atrocities of dalits in today’s India’ etc.
Read more


Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court

17/10/2022

India Today / by Vidya

Jyoti Jagtap was an active member of the KKM which, during its stage play at the Elgar Parishad conclave on December 31, 2017, gave not only “aggressive but highly provocative slogans”, the court said.
The Kabir Kala Manch (KKM) admittedly performed and incited hatred by performing on an agenda in the Elgar Parishad event, the judgment passed by the division bench of Justices AS Gadkari and MN Jadhav of the Bombay High Court observed while rejecting the bail plea of one of the accused, Jyoti Jagtap.
Read more


Also read:
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)

Bombay High Court rejects bail petition of Kabir Kala Manch activist Jyoti Jagtap

Bombay High Court rejects bail petition of Kabir Kala Manch activist Jyoti Jagtap

Bombay HC rejects activist Jyoti Jagtap’s bail petition

17/10/2022

Scroll.in / by Scroll Staff

A bench comprising Justices Ajay Gadkari and Milind Jadhav observed that the case filed against her by the National Investigation Agency was prima facie true.
The Bombay High Court on Tuesday rejected a bail application filed by activist Jyoti Jagtap, one of the accused persons in the Bhima Koregaon case, Bar and Bench reported.
Jagtap, who is a member of cultural organisation Kabir Kala Manch, has been in prison since September 2020. On Monday, a bench of Justices Ajay Gadkari and Milind Jadhav rejecting her bail plea, observing that the case filed against her by the National Investigation Agency was prima facie true.
Read more


Bombay High Court rejects bail plea of Jyoti Jagtap

17/10/2022

Bar & Bench / by Neha Joshi

A bench of Justices AS Gadkari and Milind Jadhav observed that the NIA case was prima facie true and considering the material against Jagtap, the appeal challenging rejection of bail by Special Court stood dismissed.
The Bombay High Court on Tuesday rejected the regular bail application filed by Jyoti Jagtap, one of the youngest accused in the Bhima Koregaon case of 2018.
Jagtap, allegedly part of the banned performance group by the name Kabir Kala Manch (KKM), had approached the High Court in appeal after a Special Court under the National Investigation Act (NIA) had rejected her bail application on February 14 this year
The high court bench of Justice AS Gadkari and Milind Jadhav, hwoever, rejected the appeal today.
Read more


Bombay High Court Denies Bail to Jyoti Jagtap

17/10/2022

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday denied bail to Jyoti Jagtap, an accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror Unlawful Activities (Prevention) Act (UAPA).
Jagtap, 32, is allegedly a member of Kabir Kala Manch — a cultural group branded as a front organisation of the banned CPI (Maoist). She was arrested by the NIA in September, 2020.
According to NIA, Jagtap and others organised the Elgar Parishad on December 31, 2017 that led to violence the following day.
Read more


Also watch:
Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

The End: Lessons from UAPA series

The End: Lessons from UAPA series


Drawing by Arun Ferreira

Midday / by Ajaz Ashraf

This draconian law is rarely invoked against the upper caste Hindus who are not communists or Ambedkarites or atheists, which is a commentary on the nature of the Indian state.
This column has featured, over the past five months, stories of those families whose members have been booked under the Unlawful Activities (Prevention) Act—and persistently denied bail. They continue to languish in jail. With the exception of Fahad Shah, editor of The Kashmir Walla, the column focussed on the accused in the 2018 Bhima Koregaon violence and the 2020 Delhi riot cases. Their tragedy is compounded as the charges against them are widely believed to be imaginary.
Read more


Also read:
And the future of Stan Swamy (Midday.com / Oct 2022)
And a place Sudhir Dhawale calls home (Midday.com / Aug 2022)
And Ramesh Gaichor’s patriotic songs (Midday.com / Aug 2022)
And prayers to Lord for Arun Ferreira (Midday.com / Aug 2022)
And Vernon’s letters to his son (Midday.com / July 2022)
And comrades admire Jyoti Jagtap (Midday.com / July 2022)
And they wait for Mahesh Raut (Midday.com / Jun 2022)
And the letters of Rona Wilson (Midday.com / June 2022)
And Allah’s call to Hany Babu (Midday.com / June 2022)
And Ma died waiting for Surendra (Midday.com / Jun 2022)
And Ma can’t sing with Sagar (Midday.com / June 2022)
And he waits for Shoma Sen (Midday.com / May 2022)
And she waits for Gautam Navlakha (Midday.com / May 2022)

Video: Sudha Bharadwaj on activism, her time in jail & why Chhattisgarh will always be home

Video: Sudha Bharadwaj on activism, her time in jail & why Chhattisgarh will always be home


en | 13:32min | 2022

Newslaundry / by Manisha Pande; NL Interview

The trade unionist and lawyer sits down with Manisha Pande in Mumbai.
Sudha Bharadwaj loves mathematics, wonders whether she gave her daughter the “right” kind of childhood, and became a lawyer when she was 40 years old.
“Had I not become a lawyer,” she says, “I don’t think I would have been very easily accepted as a leader.”
Sudha was released from Mumbai’s Byculla Jail in December last year after spending three years in prison. She was arrested in connection with the #BhimaKoregaon violence and was repeatedly denied bail until December 1. She was also dubber an ‘urban naxal’ by TV channels that made little attempt to understand her work. Sudha says she now wants to go to her real home, to Chhattisgarh, where she’s lived since the 1980s.
In this interview, she talks about her childhood in Bilaspur and her educational journey, culminating in IIT Kanpur. Her mother, a #JNU professor, helped shape the ideology of this self-proclaimed #Marxist – though she confesses her mother had many “apprehensions” – who began working with trade unions at the age of 25.
Working with people on the ground, Sudha is only too aware of how “alien” the judicial process is to the majority of India’s population. “The notification comes out in the gazette. You are somewhere, miles away in a village which is not even accessible, and nobody even tells you about it,” she says. She also thinks it’s important for young lawyers to cut their teeth by representing the most marginalised.
In Byculla jail, where she remembers she once saw #RheaChakraborty, Sudha continued her work, trying to secure legal aid for those imprisoned with her. She believes in the importance of a “united front” – the farm law protests are an example, with people holding differing ideologies coming together – and worries that the lack of this unity gives rise to dogma.
Watch 13 min video clip here

by newslaundry (Oct 21, 2022):
‘He was never an opportunist in his politics.’ @Sudhabharadwaj talks about labour law leader and founder of the #Chhattisgarh Mukti Morcha Shankar Guha Niyogi and the actual movement that led to his assassination.
Watch video clip (3:46min)

by newslaundry (Oct 20, 2022):
In conversation with @MnshaP @Sudhabharadwaj details the #Sarkeguda encounter case in #Chhattisgarh’s Bijapur district in which unarmed villagers including minors were killed, and the legal battle that ensued.
Watch video clip (4:30min)

by newslaundry (Oct 19, 2022):
‘So much money goes to defend the state.’ Speaking with @MnshaP, @Sudhabharadwaj
talks about legal aid in India and how there is no level playing field for citizens.
Watch video clip (2:34min)

Watch the full interview (for subscribers only) here

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

Pic credits: Committee for the Defence and Release of GN Saibaba

Supreme Court Stays Release Of Prof GN Saibaba & Others In UAPA Case, Suspends Bombay HC’s Acquittal Order (Live Law / Oct 15, 2022)


Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

15/10/2022

The Times of India / by Vaibhav Ganjapure

After securing acquittal for Prof GN Saibaba and four others primarily based on absence of sanction under UAPA’s Section 45 (1), his lawyers now have plan to rely on the Nagpur bench of the Bombay high court’s verdict for securing the release of several accused who are also behind bars in the Elgar Elgar Parishad case.
Read more


As GN Saibaba gets bail in Maoist link case, let’s recall the Elgar Parishad–Bhima Koregaon case

15/10/2022

Free Press Journal / by Urvi Mahajan

More than eight years after his arrest, the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case for want of valid sanction for prosecution under the stringent anti-terror law UAPA…
With GN Saibaba getting acquitted by the Bombay High Court’s Nagpur bench on Friday, here’s a look at the other Maoist-link case which is the Elgar Parishad-Bhima Koregaon case.
In the Bhima-Koregaon case, the investigation was taken over by the National Investigation Agency (NIA) in 2020, the initial probe being done by the Pune police. Most of the accused have spent years in custody, being arrested in August 2018.
Read more



Bombay HC Frees Saibaba, Others in ‘Maoist Link’ Case

14/10/2022

The Wire / by The Wire Staff

The Nagpur bench of the high court allowed the appeal of all six convicted persons, including Pandu Narote who died in August this year.
Former Delhi University professor G.N. Saibaba and five others were acquitted in the Maoist links case by the Bombay high court, allowing their appeal against conviction and life sentence…
After Saibaba’s conviction, his lawyer in the lower court, Surendra Gadling; his colleague Hany Babu; and his close friend Rona Wilson were also arrested in years to come under the UAPA charges. While Gadling fought his case in court, Babu and Wilson had run a campaign for his release. All three are named as prime accused in the Elgar Parishad case of 2018.
Read more


Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report
Silencing critics: Apex Court view ‘brain is more dangerous’ revoking Saibaba acquittal (Counterview / Oct 16, 2022)
“Urban Naxals” Are Making Frequent Requests For House Arrest: Solicitor General Tushar Mehta Tells Supreme Court [read order] (Live Law / Oct 15, 2022)

How the term Urban Naxal came to being

How the term Urban Naxal came to being


Girish Karnad, Sep 2018 #MeTooUrbanNaxal

The rise of ‘Urban Naxals’, a term ‘not used by Govt’

13/10/2022

The Indian Express / by Vidhatri Rao

BJP has used it for AAP, Modi has attacked Cong over the same, and now it figures in PM’s Gujarat speeches.
Speaking after laying the foundation stone of the country’s first bulk drug park in Gujarat’s Bharuch district Monday, Prime Minister Narendra Modi brought up the issue of “Urban Naxals”…
The BJP has been using the term regularly since it first became popular after high-profile arrests of activists in July and August of 2018 in the Elgar Parishad case. Probing alleged links of the arrested activists to the violence at Bhima Koregaon in Pune that followed the Elgar Parishad event, police called them Urban Naxals.
Read more


How the term Urban Naxal came to being

11/10/2022

Deccan Herald / by DH Web Desk

The term ‘Urban Naxal’ is based off a Maoist strategy
PM Narendra Modi on Monday cautioned the people of Gujarat against ‘Urban Naxals’ trying to enter the state in a veiled attack on the Aam Aadmi Party, blaming ‘Urban Naxals’ of obstructing development projects in his home state. The term was coined by filmmaker Vivek Agnihotri’s May 2017 essay in right-wing magazine Swarajya, who went on to direct films like The Tashkent Files and The Kashmir Files. It came to be used in political circles in the wake of the Elgar-Parishad case, where left-wing dissenters who were critical of the Modi government were arrested in connection with violence in Maharashtra’s Bhima-Koregaon in 2018.
Read more


Also read:
Constitutional Conduct Group: Open Letter to Citizens of India (Constitutionalconduct.com / Nov 2021)
Amit Shah asks CRPF to take ‘effective action’ against urban Naxals, facilitators (Hindustan Times / Nov 2019)
From Anti-National to Urban Naxal: The Trajectory of Dissent in India – How the term Urban Naxal came to being (Newsclick / Sep 2018)

And the future of Stan Swamy

And the future of Stan Swamy

Midday / by Ajaz Ashraf

Stan had modelled himself on Jesus, becoming a dissident both inside and outside the established order. Like Jesus, he, too, was crucified—by the State. Now, every time an adivasi stands up for his rights, he is resurrected.
Joe, please come over to Ranchi,” Father Stan Swamy said to Father Joseph Xavier, director, Indian Social Institute, Bengaluru, over the telephone on September 30, 2020. Stan sensed the National Investigation Agency was planning to invoke against him the Unlawful Activities (Prevention) Act and whisk him away to Mumbai, where the Bhima Koregaon case accused had been dumped into jail. He knew it would not matter to NIA sleuths that he was 83 years old, his body ravaged by Parkinson’s disease.
Read more


Also read:
Framed to die: The case of Stan Swamy (PUDR / Aug 2021) documents the manner in which Stan Swamy was framed, fettered, and finally forced towards a fatal illness under due process of law called Unlawful Activities (Prevention) Act.

And a place Sudhir Dhawale calls home (Midday.com / Aug 2022)
And prayers to Lord for Arun Ferreira (Midday.com / Aug 2022)
And Vernon’s letters to his son (Midday.com / July 2022)
And comrades admire Jyoti Jagtap (Midday.com / July 2022)
And the letters of Rona Wilson (Midday.com / June 2022)
And Allah’s call to Hany Babu (Midday.com / June 2022)
And Ma can’t sing with Sagar (Midday.com / June 2022)
And he waits for Shoma Sen (Midday.com / May 2022)
And she waits for Gautam Navlakha (Midday.com / May 2022)