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Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

19/10/2021 Asha

Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

19/10/2021

The Quint / by Vakasha Sachdev

Despite strict bail conditions & the SC’s Watali judgment, courts can still apply their mind to see if charges fit.
India has for many years had a major problem when it comes to pre-trial incarceration. 70 percent of prisoners in India are undertrials, according to the latest available NCRB data (from 2019) – that’s 3,28,000 people in jail without ever being convicted.
… The Bhima Koregaon accused are the best example of this, with bail denied to them despite incriminating evidence appearing to be planted on their computers (Rona Wilson), the material against them being dubious (Sudha Bhardwaj) and having severe illnesses (83-year-old Father Stan Swamy, who eventually died in jail).
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Kappan’s Chargesheet and Threat to Reporters Covering Minority Issues

19/10/2021

Newsclick / by Hana Vahab

An independent journalist in India has been behind the bars for one year. His crime, as per the chargesheet filed is, reporting and writing stories only for “inciting” the Muslim community.
… The number of journalists charged with UAPA in the past five years add up to over 5,000 with a hike of 162% in sedition cases between 2016- 2019 as per the National Crime Records Bureau. Those who were incarcerated under UAPA include … human rights lawyers Arun Ferreria and Surendra Gadling, Dalit rights activists Sudhir Dhawale and Mahesh Raut, women’s rights activist Shoma Sen among others.
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Mangaluru college to name park after Stan Swamy despite being threatened by Hindutva groups

09/10/2021 Rani

Action sought against Hindutva groups for threatening Mangaluru college

09/10/2021

New Indian Express / by Express News Service

This blatantly illegal behaviour is a consequence of the free run that is being given to these fascist organisations in coastal Karnataka.
An open letter, endorsed by several organisations like the Campaign to Defend Democracy, All India People’s Forum (AIPF) and activists like P Sainath, Harsh Mander and others, has called upon the Dakshina Kannada district administration and the police to take immediate action against VHP, Bajrang Dal and other right-wing outfits for engaging in criminal intimidation and issuing threats to St Aloysius College, Mangaluru, following its decision to name one of its parks after tribal activist late Fr Stan Swamy.
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Mangaluru college to name park after Stan Swamy despite being threatened by Hindutva groups

09/10/2021

Scroll.in / by Scroll Staff

A VHP leader had said its members and those belonging to the ABVP and Bajrang Dal would not let St Aloysius College hold the naming ceremony.
A college in Mangaluru has said that it will go ahead and name a park after tribal rights activist Stan Swamy though Hindutva organisations have threatened to not allow it, reported The New Indian Express on Thursday…
Meanwhile, several organisations and activists have written to the Dakshina Kannada district administration to take action against the Hindutva leaders for threatening the college administration, reported The Hindu.
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Who are these Saffronists to tell Not to Name a Park after Fr Stan Swamy in a Jesuit Property?

07/10/2021

Mangaorean.com / by Alfie Dsouza, Team Mangalorean

Mangaluru: With all the present Tension, Communal Riots, Moral Policing, Hate, etc going on in our Country in its 75th year of Independence from the Britishers, it looks like India is no longer an ‘electoral democracy, but an ‘electoral autocracy’ instead, with much of the decline in democratic freedoms occurred after the present government came to power in 2014…
And here is one instance that arose when a press meet was arranged in the City by a few Right-wing groups opposing St Aloysius Institutions, Mangaluru decision to name a park after Fr Stan Swamy, in one of their institution premises in Beeri, in the outskirts of Mangaluru.
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When Can an Accused in Jail Get Medical Bail? Is it Possible in UAPA Cases?

23/09/2021 Asha

The Quint / by Vakasha Sachdev

Nearly all Bhima Koregaon accused have been denied medical bail despite serious ailments. Here’s what the law says.
On 24 September, the Bombay High Court will consider whether to extend the bail granted by it to poet and activist Varavara Rao on medical grounds, back in February.
81-year-old Rao had been granted medical bail for six months by the court in view of various medical problems that had kept requiring hospitalisation and repeated deteriorations in his condition every time he was sent back to jail.
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Income Tax department ‘surveys’ Newsclick, Newslaundry in tax case

10/09/2021 Asha

Economic Times / by pti

The Income Tax department on Friday conducted separate “survey operations” at the premises of online news portals Newsclick and Newslaundry here, officials said …
Newsclick and its founders were raided by the Enforcement Directorate (ED) in February under provisions of the Prevention of Money Laundering Act and that investigation is linked to alleged dubious foreign funding received by its registered company, which runs the news portal…
The ED had claimed that it is also probing Newsclick and its promoters for alleged transfer of certain funds to activist Gautam Navlakha, accused in the Elgar Parishad case of Maharashtra.
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Also read: Intimidatory and Blatant Attack: Editors Guild on IT ‘Survey’ at NewsClick, Newslaundry [read full statement] (The Wire, Sep 11, 2021)

Who is a political prisoner? Time to define one

10/09/2021 Asha

By Nandita Haksar

There has been a great deal of anguish, angst and anger expressed at the death of Stanislaus Lourduswamy (1937–2021), popularly known as Stan Swamy, an Indian Roman Catholic priest, a member of the Jesuit order, and a tribal rights activist for many decades…
His death has drawn focus to the cruelty of the system which denied the right to die with dignity to a senior citizen who was suffering from Parkinson’s disease. However, the imprisonment of Stan Swamy and other political prisoners, including poets, journalists, bloggers, women activists, students, Dalits and Muslims, raises crucial questions. It is not just a humanitarian issue but a political one.
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Why Stan Swamy may have survived old India

08/09/2021 Asha

Mumbai, July 7, 2021

The Caravan / by SNM Abdi

The December 1985 cover story of Illustrated Weekly was about six foreign missionaries who were served deportation orders in Madhya Pradesh. After the magazine covered it, politicians intervened to prevent their deportation. In the corridors of power back then, there was a genuine appreciation for priests and nuns who serve among the oppressed in India’s underdeveloped regions. Stan Swamy, who recently died in prison, did not get the same appreciation from either politicians or the media.
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Independence Day / Resign Modi: Banner dropped from London’s Westminster Bridge

15/08/2021 Asha

“Resign Modi”: Independence Day banner dropped from London’s Westminster Bridge

15/08/2021

The Caravan / by Diaspora Members and Friends of India in the UK

On the occasion of Indian Independence Day, a group of diaspora Indian activists in the United Kingdom dropped a banner from London’s Westminster Bridge, demanding Indian Prime Minister Narendra Modi’s resignation…

Press release issued by the group:
… The Modi regime has imprisoned thousands of people whose only ‘crime’ has been to dissent, to advocate for the most marginalised and oppressed groups, or to take part in nonviolent protests, under draconian laws like the UAPA. Elderly and vulnerable academics and lawyers, students and young activists, including thousands of Adivasi youth, are locked up in overcrowded and unhygienic conditions in the middle of a pandemic.
Read full statement

Demand Justice India: International protest

en | 10:34min | 2021

By International Coalition for Justice in India

They stood by the marginalised. They protected lands, hills and forests from mining companies. They stood up to protect minorities. They did not trust the Indian government”s false promises. They are students, academics, lawyers, journalists and social activists, in thousands, are imprisoned in over-crowded prisons. An 84-year old Jesuit priest and human rights defender, Father Stan Swamy, has passed away while waiting for trail.
Watch video

August 15: Zurich – Lotika for release of BK-16 – Berlin – Dundee

Stan Swamy’s endurance has left a message for the world: Archbishop Thomas Menamparampil

08/06/2021 Rani

The Leaflet / by Thomas Menamparampil

Eighty-four year old Father Stan Swamy who had spent decades serving the tribal people of Jharkhand, was arrested on trumped up charges, subjected to endless interrogations, and confined to Taloja jail for over eight months. As he battles illness, his endurance has left a message for the world says Archbishop Thomas Menamparampil who was nominated for the Nobel Peace Prize in 2011.
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Mostly Dalits, Adivasis, 97% undertials ‘falsely’ accused, release them, demands JMM

28/04/2021 Rani

Counterview / by Counterview Desk

Making the 84th birth anniversary of Father Stan Swamy – the veteran Adivasi rights Jesuit priest languishing Taloja Jail, Maharashtra, for about four months for his alleged role in Bhima Koregaon violence – as the occasion, the Jharkhand Janadhikar Mahasabha (JJM), a civil rights organisation, has demanded that “lakhs of undertrials with no justice in sight” should be released immediately.
Pointing out that Stan Swamy too is an undertrial, JMM said, was involved in a study carried out in 2014-16, which revealed that about 97 percent of the surveyed undertrial prisoners “were falsely accused of being Maoists”.
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India’s Hindu Nationalist Project Relies on Brutal Repression

16/04/2021 Maya

Jacobinmag / by RB Moore

The Indian state under Prime Minister Narendra Modi is meting out vicious repression against dissenters to his right-wing Hindu nationalist vision. Yet that constant need to crack down on protests also reveals something: his far-right project is undeniably brittle.
… An event called the Elgar Parishad, organized on December 31, 2017 in the city of Pune, Maharashtra, was an attempt to bring together the opposition movements that had emerged during Modi’s first term. Convened by two retired judges with a history of anti-caste and anti-Hindutva activism, the event drew participation from roughly 250 anti-caste, progressive, and left organizations and featured fiery speeches, musical performances, and cultural programs.
The event was set for the day before an anti-caste commemoration in the nearby town of Bhima Koregaon, which celebrated the military defeat of the notorious casteist Peshwa rulers on January 1, 1818 at the hands of the British.
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