Context – Page 7 – free them all

‘It Is Only by Chance That I Came Out of Prison Alive’ / GN Saibaba’s long struggle for justice / Video

07/03/2024 Maya

by Nihalsing / @Nihalsingrathod (March 7, 2024):
#GNSaibaba and #prashantrahi released

#hemmishra also released from Kolhapur jail

#prashantrahi with his daughter @shikharahi

And finally #maheshtirki also walks out

Injustice And Impunity: How The Justice System Failed G.N. Saibaba

19/03/2024

Feminism India / by Hajara Najeeb

A professor of the Department of English at Ram Lal College in New Delhi, G.N. Saibaba was incarcerated under the draconian Unlawful Activities Prevention Act 1967, accusing him of having Maoist links
On March 8th, a frail G.N. Saibaba made his first public statement in ten years after a decade of torture and a lifetime of injustice. A professor of the Department of English at Ram Lal College in New Delhi, he was incarcerated under the draconian Unlawful Activities Prevention Act 1967, accusing him of having Maoist links.
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“I Don’t Know How I Survived” Professor G. N. Saibaba says the reality of being free is yet to sink in

09/03/2024

The Citizen / by Nikita Jain

There was excitement and anticipation as former Delhi University Professor G. N. Saibaba entered the room in his wheelchair. Accompanied by his wife Vasantha Kumari, daughter, Communist Party of India (CPI) leader D. Raja amongst others, Prof. Saibaba smiled and waved at a few friends he recognised in the audience.
… Speaking about one his lawyers, Surendra Gadling, who himself is in jail for another case related to Elgar Parishad, Prof. Saibaba said that it was because of him that his case became stronger and it breaks his heart to see him behind bars. “Surendra Gadling is languishing behind the bars only for one reason, he stood for me and he argued most effectively in the sessions court during the trial.
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It’s by chance I came out of prison alive: G N Saibaba after release from Nagpur jail

08/03/2024

Indian Express / by Express News Service

Saibaba also said he was “sad” that Surendra Gadling, his lawyer during the trial in the case, was behind bars in the Elgaar Parishad case.
Former Delhi University professor G N Saibaba, who had been sentenced to life imprisonment over his alleged Maoist links, was released from Nagpur Central Jail on Thursday morning, two days after his acquittal by the Nagpur bench of the Bombay High Court.
Read more

‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba

07/03/2024

The Wire / by Sukanya Shantha

“It is only by chance that I came out of prison alive,” 56-year-old former Delhi University professor S.N. Saibaba said in his first press briefing since his release from Nagpur Central jail on Thursday (March 7).
The Nagpur bench of the Bombay high court on March 5 acquitted him and five others on “terrorism” charges.
…
The trial in the lower court was handled by Nagpur-based human rights lawyer Surendra Gadling. Soon after the trial was completed in the Gadchiroli sessions court, Gadling was arrested in the Elgar Parishad case. Saibaba, on Thursday, said that his lawyer Gadling was targeted only for handling his case.
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GN Saibaba’s long struggle for justice: Why the Bombay HC had to overturn his conviction – twice

09/03/2024

Scroll.in / by Vineet Bhalla

The former DU professor was arrested in 2014 and sentenced to life imprisonment in 2017. The High Court has now acquitted him, finding no evidence against him.
Human rights activist and former Delhi University professor GN Saibaba’s acquittal by the Bombay High Court for terror-related offences under the stringent Unlawful Activities (Prevention) Act on Tuesday and release from the Nagpur Central Jail on Thursday was the culmination of an arduous legal struggle.
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Saibaba Acquittal: From Lack of Sanction to Dodgy Evidence, HC Judgment Tears Into State’s Case

06/03/2024

The Wire / by Sukanya Shantha

‘The prosecution has failed to establish the seizure of incriminating material from the house search of G.N. Saibaba,” the judges said. “The prosecution has also failed to prove the electronic evidence in terms of the provisions of the Indian Evidence Act, and the Information Technology Act.”
In its detailed judgment acquitting former Delhi University professor G.N. Saibaba and five others of ‘terrorism’ charges, the Nagpur bench of the Bombay high court has virtually shredded the state’s case against the six to pieces.
…
Saibaba’s lawyer jailed in Bhima Koregaon case
Incidentally, Saibaba’s defence in the trial court was handled by the Nagpur-based human rights lawyer Surendra Gadling, who, soon after the completion of trial, was himself arrested in the Elgar Parishad case.
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Video: INTERNATIONAL SOLIDARITY MEETING

en | 1:07 min | 2024

By INTERNATIONAL SOLIDARITY FOR ACADEMIC FREEDOM IN INDIA (InSAF)
Celebrating the Second Acquittal of Professor GN Saibaba, Prashant Rahi, Mahesh Tirki, Hem Mishra and Vijay Tirki and the late Pandu Narote
Years in solitary confinement Years of shuttling from one bail plea to another Endless health ordeals, systematic discrimination The custodial death of 32-year old co-accused Pandu Narote The shocking overnight reversal of an acquittal order The life and trials of GN Saibaba and his co-accused remind us of the extent the repressive Indian state will go to in order to silence voices of dissent But on 7 March 2024, they finally walked free, after being acquitted for the second time on 5 March 2024, exonerated of all charges On 10 March 2024, we came together to celebrate this overdue step
We will not be silenced

Co-sponsored by
International Solidarity for Academic Freedom in India (InSAF India) South Asian Diaspora Action Collective (SADAC) Indian Workers Association (Great Britain) (IWA-GB) India Labour Solidarity (UK) Foundation The London Story The Humanism Project, Australia Hindus for Human Rights Free Saibaba Coalition (USA) Boston South Asian Coalition (BSAC) India Civil Watch International (ICWI) South Asia Solidarity Group, London

Watch video

Also read/watch:
▪Wives of Khalid Saifi, Hany Babu, GN Saibaba demand release of ‘political prisoners’ (Maktoob / Jan 2023)

▪ Bombay High Court Refuses Bail To DU Professor Hany Babu

(Live Law / Sep 2022)
Delhi University Professor Hany Babu mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook, the Bombay High Court said in its order refusing him bail.
Read more

▪ Video: Personal Liberty and the Indian Courts

25/10/2022

en | 1h 42min | 2022
The discussion examines the recent three judgements relating to
► The denial of bail of Jyoti Jagtap by the Bombay High Court in the Bhima Koregaon Conspiracy case.
► The stay on the Bombay High Court judgement of acquittal/discharge of Dr. GN Saibaba and others by the Supreme Court
► The denial of bail by the Delhi High Court of Umar Khalid in the Conspiracy case of the Delhi Riots of 2020.
Watch video (PUCL fb page)

▪ Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report

(The Wire / Dec 2021)
Arsenal Consulting was engaged by Wilson’s defence lawyers to study the electronic evidence submitted against him in the Elgar Parishad case.
… Wilson, who was a core part of the 17- member Committee for Defence and Release of G. N. Saibaba, also received a message which said “Free Dr Saibaba and Oppose the suppression of Dissent in India. Please sign the petition here clicking [link]” on October 8, 2017.
Read more

▪ Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)

Stifling of right to protest, freedom: Open letter to CJI Chandrachud

02/01/2024 Asha

Stifling of right to protest, freedom: Open letter to CJI Chandrachud

03/01/2024

SabrangIndia / by SabrangIndia

The open letter has alleged that peaceful protests were met with fake encounters, abductions and demolition of houses belonging to the protesters by police and other government instrumentalities
…
Text of the Open Letter:

To D.Y. Chandrachud,
The Chief Justice of India,
Supreme Court of India
2nd January 2024

Dear Justice Chandrachud,

We write this letter to you as a members of democratic-minded civil society and activists who are working on issues concerning democratic ethos of the people and the protection of their civic, democratic, and constitutional rights.
Read more / full letter

Open letter from civil rights activists to CJI Chandrachud on freedom curbs

03/01/2024

The Telegraph online / by R. Balaji

The letter alleged that peaceful protests were met with fake encounters, abductions and demolition of houses belonging to the protesters by police and other government instrumentalities
A group of civil rights activists and organisations on Tuesday wrote an “open letter” to Chief Justice of India D.Y. Chandrachud on the alleged suppression of free speech, peaceful protests and rallies by police, leading to the stifling of democratic dissent in the country.
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Open Letter to CJI Chandrachud highlights Concerns Over Erosion of Democratic Rights

03/01/2024

The Mooknayak / by The Mooknayak English

The letter questions India’s commitment to being the world’s largest democracy and refers to the words of jurist John Rawls, stressing the importance of justice and the need to reform or abolish unjust laws and institutions. The plea is for the judiciary to uphold equal liberties and protect rights secured by justice, emphasizing that such rights should not be subject to political bargaining or social interests.
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New forensic investigation reveals repeated use of Pegasus spyware to target high-profile journalists

28/12/2023 Asha

Damning new forensic investigation reveals repeated use of Pegasus spyware to target high-profile journalists

28/12/2023

Amnesty.org / by Amnesty International

Amnesty International, in partnership with The Washington Post, has unearthed shocking new details about the continued use of NSO Group’s highly invasive spyware Pegasus to target prominent journalists in India, including one who had previously been a victim of an attack using the same spyware.
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Amnesty International Letter to the Technical Committee appointed by the Supreme Court of India

15/02/2022

Amnesty.org / by Amnesty International

In this letter, dated 15 February 2022, Amnesty International responds to the questions posed by the Technical Committee appointed by the Supreme Court of India to investigate the use of Pegasus in India, received by email on 7 February 2022.
Read / download letter

Human Rights Defenders Targeted by a Coordinated Spyware Operation

15/06/2020

Amnesty.org / by Amnesty International

Nine human rights defenders, most of whom have been fighting for the release of the Bhima Koregaon 11 through litigation, research, or activism, were unlawfully targeted with a spyware attack
Read more

Also Read:
▪ Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
▪ Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Bail not Jail, India’s constitutional courts’ bumpy ride towards personal liberty

18/12/2023 Asha

CJP / by CJP

A retrospective glance at 2023: Have courts effectively safeguarded the diminishing right to liberty for Indian citizens?

“The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system”

Justices Sanjay Kishan Kaul and MM Sundaresh, Supreme Court July 11, 2022

India follows a reformative form of justice system. Our criminal system is founded on the belief of not curtailing the rights of a prisoner and under trial. The system, thus far, also empowers constitutional courts to protect the fundamental rights guaranteed to every citizen of our country.
Read more

Also read:
● Supreme Court directs high courts to expedite hearing of bail applications (The Leaflet / Dec 2023)

The curious case of Gautam Navlakha’s house arrest

13/12/2023 Asha

The Leaflet / by Prakhar Bajpai

Taking a closer look at the legal and practical aspects of house arrest, the author makes a case for pivotal reforms that the Supreme Court must make to strengthen criminal justice.
… A notable illustration of this pertains to the legal proceedings involving Gautam Navlakha, wherein the Supreme Court has crafted jurisprudential constructs surrounding house arrest within the ambit of custodial arrangements.
Read more

Also read:
● Supreme Court adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks (The Leaflet / Sep 2023)
● NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag (The Leaflet / May 2023)
● Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)

“Today If You’re Working With An NGO, You’re Either Anti-National Or Corrupt”

05/12/2023 Asha

Youth Ki Awaaz / by Surbhi Singh

It was a normal day for Malika Shah, a social worker working in Bal Raksha Bharat. She woke up with the feeling of doing something for the children, motivating herself by saying that nothing can stop her and her team from doing good. As she exited the house, her neighbors stared at her and called her anti-national.
… In 2018, several activists from human rights NGOs were arrested and accused of being associated with Maoists and working against the state.
Read more

Also read:
● Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022) Download report
● Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)

State-sponsored attacks of surveillance reveal an erosion on Indians’ right to privacy

09/11/2023 Asha

SabrangIndia / by Tanya Arora

Bringing back the ghost of Pegasus malware by the ruling regime, recent alerts from Apple throw up more instances of a state-sponsored surveillance attack on leaders of the opposition and journalists
On the morning of October 31, several journalists and politicians from the opposition parties in India woke up to alerts on their iPhones pertaining to a state-sponsored attack on their phones. The alerts were sent by Apple via message and email. The alert had also alleged that the reason behind the attempts to comprising the phones of the individuals might have something to do with who they are and what they do.
Read more

Also Read:
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 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)

Supreme Court seeks guidelines for search and seizure of electronic devices

08/11/2023 Asha

Supreme Court calls for norms on seizure of devices by probe agencies

08/11/2023

Hindustan Times / by Utkarsh Anand

A 2-judge bench of the apex court is hearing a petition demanding regulation of the police’s power to search or seize digital devices.
… The issue of seizure of digital devices like phones and laptops has become a flashpoint in the Bhima-Koregaon caste violence case with the accused alleging that the National Investigation Agency (NIA) planted evidence on the laptop of Rona Wilson.
Read more

‘Incomplete reports’, ‘financial toll’: The burden of digital device seizures on journalists, outlets

08/11/2023

Newslaundry / by Tanishka Sodhi

Be it the searches at NewsClick, BBC, the Wire, or at the homes of journalists in several states over the last few years, the seizures of journalist’s digital devices have often underlined two issues – pertaining to journalistic privilege and the fundamental right to privacy.
… The Bhima Koregaon case is another prominent example in which activists have alleged violation of due process.
Read more

Supreme Court seeks guidelines for search and seizure of electronic devices

07/11/2023

The Leaflet / by Sarah Thanawala

The development gains significance in light of the crackdown on media such as Newsclick and the letter written by several journalists groups to the Chief Justice of India against it.
On Tuesday, a two-judge Bench of the Supreme Court batted for having guidelines in place to govern the search and seizure of phones or other digital devices belonging to media personnel.
Read more

Also read:
● NewsClick raids: Indian law has few safeguards when electronic devices are seized (Scroll.in / Oct 2023)
● 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)
● 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)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

AI Report: India’s exploitation of terrorism financing assessments to target the civil society

26/09/2023 Asha

Amnesty.org / by Amnesty International

The Indian government has exploited the 2010 and 2013 Financial Action Task Force (FATF) assessment reports to supplement its arsenal of counterterrorism and money laundering laws, many of which are routinely used to target civil society organizations and human rights defenders. The briefing paper analyses the Foreign Contribution (Regulation) Act, Unlawful Activities (Prevention) Act and Prevention of Money Laundering Act and highlights the emblematic cases of the crackdown suffered by journalists, academics, human rights activists, and students under these laws since 2010.
…

IMPACT OF UAPA ON INDIA’S NPO SECTOR
(Page 25) … Sections 17 and 40 of UAPA that relate to terrorist funding have also been arbitrarily invoked against 16 human rights activists (BK16) since 2018, nine of whom continue to be detained without trial in the Bhima Koregaon case…
India’s targeting of activists through the misuse of UAPA’s financial powers demonstrates the broader context of the crackdown on dissent in India. For example, in June 2020, after thorough and detailed research, Amnesty International and Citizen Lab uncovered that at least nine other activists who had been calling for the release of the BK16 activists were targeted through a coordinated spyware campaign. Three of them were also targeted with the NSO Group’s Pegasus spyware, a commercial product only sold to government entities.
Read full report

● Campaign by Amnesty International: Act now to demand the release of the BK16! (Dec 2022)

Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Submission to the United States Commission on International Religious Freedom

20/09/2023 Asha

Hrw.org / by Human Rights Watch

“Religious Freedom in India” Submission by Sarah Yager, Washington director, Human Rights Watch
The commission’s focus on religious freedom in India is welcome and timely.
Over the last decade there has been an undeniable increase in the number and frequency of attacks against religious minorities in India, especially Muslims and Christians.
… We have also repeatedly flagged human rights consequences of the government’s 2019 revocation of the constitutional autonomy of India’s only Muslim-majority state, Jammu and Kashmir. Today, four years later, authorities there are still restricting free expression, peaceful assembly, and other basic rights, and regularly shut down the internet. Several journalists and human rights defenders have been arrested on spurious terrorism charges and authorities regularly harass critics, including through use of counterterrorism raids.
Read full submission