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Category: Background

Pegasus: The Supreme Court’s order may well be a case of too little, too late

Pegasus: The Supreme Court’s order may well be a case of too little, too late

Free Press Journal / by Anil Singh

Ultimately, all depends on the ability of the SC’s three-member probe panel to find incontrovertible evidence of snooping on citizens in the name of national security.
… The Pegasus episode is likened to Watergate but that was just a break-in ordered by the Nixon administration at the rival party’s office to get some ‘incriminating evidence’. Today, not only can such evidence be stealthily extracted from the mobile phone of the target, it can also be planted in their phone or laptop. Tests conducted by Arsenal, an independent US lab, on the laptops of two tribal rights activists arrested in the Bhima-Koregaon case show that the ‘incriminating evidence’ was planted in them.
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Also read:
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 2021)

In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence

In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence

Indiaspend / by Riddhi Dastidar

Among undertrials charged with being Maoists under stringent, non-bailable offences in Jharkhand, high numbers are Adivasis, Scheduled Castes and OBCs, a study led by late Fr. Stan Swamy had found in 2015. An alleged encounter during an Adivasi festival six years later shows not much has changed.
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Trying Without a Trial Is the Intent of Draconian UAPA Law

Trying Without a Trial Is the Intent of Draconian UAPA Law

The Wire / by Rajshree Chandra

‘Trial by process’ is the political and organisational logic of the UAPA.
An 84-year-old Jesuit Father, Stan Swamy, charged for inciting violence in Bhima Koregaon (BK), died inside the panoptic walls of the Taloja jail on July 5. Despite his age, despite his Parkinson’s-ravaged body, despite his tremors, despite his Covid infection, despite all his frailties, he had been denied bail repeatedly. Rather than his ailing, failing body becoming a ground for bail and appropriate medical care, his body became yet another ground on which the National Investigation Agency (NIA) waged its vicious war.
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Probe panel summons police officers Param Bir Singh, Rashmi Shukla as witnesses

Probe panel summons police officers Param Bir Singh, Rashmi Shukla as witnesses

Probe panel summons police officers Param Bir Singh, Rashmi Shukla as witnesses

22/10/2021

Scroll.in / by Scroll Staff

Singh was additional director general (law and order) of the Maharashtra Police at the time of the violence, and Shukla was the Pune Police chief.
A judicial commission investigating the Bhima Koregaon case on Friday summoned former chiefs of the Mumbai and Pune Police, Param Bir Singh and Rashmi Shukla, to appear as witnesses in the matter, Live Law reported.
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Koregaon Bhima: Commission summons DCP (Crime) for police station records

22/10/2021

The Indian Express / by Chandan Haygunde

A two-member commission headed by retired judge justice J N Patel is probing into the causes of violence in Koregaon Bhima area on January 1, 2018, in which one person had died and several others were left injured.
Koregaon Bhima Commission of Inquiry on Thursday issued summons to the deputy commissioner of police (crime) of the Pune city police asking for various records from Vishrambag police station between November 2017 and February 2018.
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Will Bhima Koregaon Commission wind up on December 31?

21/10/2021

Rediff.com / by Jyoti Punwani

‘Not giving the Commission space in Mumbai is an insult to Maharashtra’s Dalits who are waiting for the inquiry report.’ Jyoti Punwani reports.
Will the Bhima Koregaon Commission wind up by December, when the current extension granted to it expires?
That was suggested at Wednesday’s hearing by retired Justice J N Patel, who heads the two-member judicial inquiry into the violence that shook Maharashtra on January 1, 2018.
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Bhima Koregaon: Outcome of a ‘Larger Conspiracy’?

05/10/2021

Rediff.com / by Jyoti Punwani

Testimony presented before the Bhima Korgaon Commission over the last two months reveals the background to the violence that broke out on January 1, 2018.
As the Bhima Koregaon accused continue to struggle for bail, important information about the violence that they are accused of instigating is emerging before the judicial commission that’s investigating the violence.
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Also read: Witness Before Probe Panel Accuses Sambhaji Bhide & Milind Ekbote Of Instigating Bhima Koregaon Riots (Live Law / Sep 2021)

Video: The Digital Surveillance Crisis and Threats to Human Rights Defenders

Video: The Digital Surveillance Crisis and Threats to Human Rights Defenders

By Access Now

This event discusses how states, facilitated by private companies, are unlawfully deploying targeted surveillance technologies against civil society around the world.
The biennial General Assembly resolution on human rights defenders that will be considered at its 76th session offers is an opportunity to discuss the effects of digital surveillance on the activities and safety of human rights defenders and their rights to privacy and freedom of expression, and to adopt measures that would allow defenders to continue exercise their human rights unhindered.

Video: UN General Assembly Side Event

en | 1h 33min | 2021

Watch at YouTube

Also read:
● Pegasus Project: 161 Names Revealed By The Wire On Snoop List So Far (The Wire, Aug 2021)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 2021)

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

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

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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Koregaon Bhima Inquiry Commission Witness from Vadhu Budruk questioned about village history

Koregaon Bhima Inquiry Commission Witness from Vadhu Budruk questioned about village history

The Indian Express / by Chandan Haygunde

The village also has a disputed tomb-like structure, which, according to the Dalit Mahar community, is the samadhi of Govind Gopal Dhegoji Meghoji, a 17th-century Dalit figure.
The cross-examination of Sambhaji Shivale (51), a resident of Vadhu Budruk village in Pune district, continued before the Koregaon Bhima Commission of Inquiry on Monday.
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Mangaluru college to name park after Stan Swamy despite being threatened by Hindutva groups

Mangaluru college to name park after Stan Swamy despite being threatened by Hindutva groups

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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Bhima Koregaon: Outcome of a ‘Larger Conspiracy’?

Bhima Koregaon: Outcome of a ‘Larger Conspiracy’?

Rediff.com / by Jyoti Punwani

Testimony presented before the Bhima Korgaon Commission over the last two months reveals the background to the violence that broke out on January 1, 2018.
As the Bhima Koregaon accused continue to struggle for bail, important information about the violence that they are accused of instigating is emerging before the judicial commission that’s investigating the violence.
Read more

Sedition law: an imperial legacy, and a weapon of intimidation and subjugation by the regime

Sedition law: an imperial legacy, and a weapon of intimidation and subjugation by the regime


Drawing by Arun Ferreira

The Leaflet / by Tushar Gandhi

On the occasion of Gandhi Jayanti, TUSHAR GANDHI relies on Mahatma Gandhi’s defence during his 1992 sedition trial to make a case for the abrogation of the colonial-era law, as well as similar other laws that are used to stifle citizens’ democratic rights…
The Bhima Koregaon case is another case of blatant intimidation and punishment of dissent, a democratic right of citizens, in which intellectuals have been arrested and charged, and are being prosecuted.
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Also read:
● The Definition of “Terrorist Act” in UAPA Is So Vague That It Is Susceptible To Misuse: Justice Anjana Prakash (Live Law / Jul 26, 2021)
● Seventeen proposed charges by NIA against accused (Bar & Bench / Aug 22, 2021)
● National Call: Defend Right to Dissent, Repeal Sedition Law, UAPA and Repressive State Laws (July 2021)