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The SC Is Making Bail Easier In Terrorism, Money Laundering Cases – Except When It Ignores Itself

The SC Is Making Bail Easier In Terrorism, Money Laundering Cases – Except When It Ignores Itself

Article 14 / by Areeb Uddin Ahmed

11 Supreme Court rulings over 10 months appear to be reshaping bail jurisprudence in India, especially with regard to India’s terrorism and money laundering laws, often used to incarcerate many without bail for years. Despite these landmark judgements, the Supreme Court has also avoided deciding bail on high-profile cases important to the government, in so doing ignoring its own rulings.
At least 11 Supreme Court rulings over 10 months granting bail appear to be gradually reshaping bail jurisprudence in India, especially with regard to India’s terrorism and money laundering laws. 
The restrictive bail provisions of these laws have been frequently used to keep accused, mostly protestors, poets, Opposition politicians, dissidents, academics and artists, in jail with no sign of trial.
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Also read:
▪ SC adjourns hearing on bail plea of Bhima Koregaon case accused Jyoti Jagtap (Hindustan Times / Jul 2024)
▪ Bombay HC rejects default bail of five accused in Bhima Koregaon case (Scroll.in / Jul 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

Ajay Kumar targeted for role as anti-displacement activist, opponent of ‘corporate loot’

Ajay Kumar targeted for role as anti-displacement activist, opponent of ‘corporate loot’

Counterview.net / by Campaign against State Repression (CASR)

The Campaign against State Repression (CASR) unequivocally condemns the arrest of human rights activist and Advocate Ajay Kumar by National Investigation Agency early morning 3 am from Chandigarh.
…
Ajay was actively involved in the Forum Against the War on People to oppose the attack by state forces and corporate-sponsored militia, Salwa Judum, on the Adivasi peasants of central India under Operation Green Hunt. He was also founding member of Vistapan Virodhi Jan Vikas Andolan (VVJVA), a conglomeration of more than 50 organisations from across the country seeking to challenge the forcible displacement of peasants particularly Adivasis, for the furtherance of corporate loot and land grab. VVJVA works against the forceful displacement of peasantry, particularly Adivasis for building big dams, industrial projects, mines, Special Economic Zones, highways, National Parks, Smart City projects etc. Ajay Kumar worked alongside the likes of Dr. B.D. Sharma (retired IAS officer), K.N. Pandit (trade union leader), Dr. B.P. Kesari, Father Stan Swamy, Sudha Bhardwaj, Dr. G.N. Saibaba and J. Madhuri in the formation of this forum in 2007.
Read full statement

Also read:
▪ TU activist Anirudh Rajan, lawyer Ajay Kumar in custody: Wounded reputation of world’s largest democracy? (Counterview / Sep 10, 2024)
▪ Student Activist’s Room Raided in Prayagraj by NIA Over Alleged Naxal Links (The Wire / Aug 2024)
▪ Senior activist Ajay Kumar’s arrest ‘imminent’ in same vein as Rona Wilson, Stan Swamy (Counterview / Jan 2024)

Video: Ajaz Ashraf’s Book on Bhima Koregaon Unveiled at IIC

Video: Ajaz Ashraf’s Book on Bhima Koregaon Unveiled at IIC

Video: Discussion on “Bhima Koregaon: Challenging Caste”

By Paranjoy Online

en | 1:39:02 | 2024
On Thursday 30 July 2024 evening, a lively discussion took place at the India International Centre (Annexe), New Delhi, on the book written by journalist and author Ajaz Ashraf titled “Bhima Koregaon: Challenging Caste – Brahminism’s Wrath Against Dreamers of Equality” published by Paranjoy/AuthorsUpFront. The discussants were Manoj Kumar, Professor and Member of Parliament belonging to the Rashtriya Janata Dal, Subhashini Ali, member of the Communist Party of India – Marxist and Colin Gonsalves, Senior Advocate, Supreme Court of India.
Watch video

Ajaz Ashraf’s ‘Bhima Koregaon: Challenging Caste’ sheds light on judiciary role in Elgaar Parishad case

31/08/2024

The Telegraph / by Pheroze L. Vincent

Senior advocate Colin Gonsalves said the case had witnessed “the second biggest betrayal by the judiciary” following its “supine” role during the Emergency
Caste hatred and “State terrorism” came under the spotlight at the release of Ajaz Ashraf’s book, Bhima Koregaon: Challenging Caste, with speakers also questioning the judiciary’s role in the context of the long incarceration without trial of the Elgaar Parishad accused.
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Ajaz Ashraf’s Book on Bhima Koregaon Unveiled at IIC

30/08/2024

Radiance News / by Radiance News Bureau

Senior journalist Ajaz Ashraf’s book, Bhima Koregaon: Challenging the Caste, was launched at India International Centre last evening. The book, published by Paranjoy Guha Thakurta, delves into the enduring struggle against casteism, focusing on the events surrounding the Bhima Koregaon incident and its broader implications.
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Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality

Author: Ajaz Ashraf  
Publisher: AuthorsUpFront
Publishing Date: June 2024
Binding: Paperback
Language: English
Pages: 496
This book rips apart the Maoist conspiracy theory and the Urban Naxal narrative. It points out the ironies underlying the State’s charges against the sixteen, and the flimsiness of the evidence that is said to have been planted on their hacked computers. The conspiracy against the sixteen that inflicted untold miseries on their families is retold here in their voices.
Read more/order

Also read:
▪ Bhima Koregaon Challenging Caste: Brahminism’s Wrath Against Dreamers Of Equality by Ajaz Ashraf (Article 14 / Jul 2024)
▪ Process as Punishment – Recent books that bear witness to the BK-16’s incarceration (The Caravan / Jul 2024)

Bhima Koregaon violence probe: Maharashtra govt grants inquiry panel 15th extension, till Nov 30

Bhima Koregaon violence probe: Maharashtra govt grants inquiry panel 15th extension, till Nov 30

Graphic by Arun Ferreira & Vernon Gonsalves

The Indian Express / by Express News Service

As per an order issued recently in this regard by the home department, the Bhima Koregaon Commission of Inquiry has been given an extension of another three months.
The Maharashtra government has granted yet another extension to the commission of inquiry, tasked with probing the Bhima Koregaon violence, till November 30. This is the fifteenth time that an extension has been granted to the commission since it was formed.
Read more

Also read:
▪ Book Excerpt | How Bhima Koregaon Became a Trope for Dalit Pride and Assertion (The Wire │ by Ajaz Ashraf │ June 2024)
▪ One year of Bhima-Koregaon case: Part I | History of a 200-year-old battle and why it still matters (The Leaflet / Jan 2019)
▪ One year of Bhima-Koregaon case: Part II | Why Elgar Parishad spooked Sambhaji Bhide and Milind Ekbote, the alleged architects of January 1, 2018 anti-Dalit violence (The Leaflet / Jan 2019)
▪ Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati │ by Sudhir Dhawale │ March 2018)
▪ The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend (The Wire | Anand Teltumbde | Jan 2018)
▪ Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 2018)

‘The violence, to me, seemed scripted against Dalits,’ says Ajaz Ashraf

‘The violence, to me, seemed scripted against Dalits,’ says Ajaz Ashraf

Booklet: “Salaakhon Mein Qaid Avaazein” (Access PDF)

Book Review: Bhima Koregaon – Challenging Caste

26/08/2024

BooksPoetry&More / by Manoj Payal

I heard about Bhima Koregaon when it was all over the news channels in January 2018. The only thing that I knew were the reports of violence after a clash between Dalit groups and Marathas in and around Bhima Koregaon village in Maharashtra. By 2018, the media had lost all its credibility and most of them were toeing the government line, so I was not sure what is shown on TV news is even correct. I tried to find more information about the Bhima Koregaon event, its history, and its significance. I found some, but it was still not enough and then the book “Bhima Koregaon – Challenging Caste” came out, which takes a deep dive into the whole event, its history, and what happened after the January 2018 violence. It dispelled a lot of doubts and half-truths.
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‘The violence, to me, seemed scripted against Dalits,’ says Ajaz Ashraf

23/08/2024

The Hindu / by Sobhana K. Nair

Different castes remember the incident on January 1, 2018, and the reasons for it differently
In Bhima Koregaon: Challenging Caste, senior journalist Ajaz Ashraf relooks the events that led to the Bhima Koregaon violence on January 1, 2018. Ashraf sees the incident as a clash between two worldviews, one striving to flatten the social hierarchy and the other perpetuating it, as he says in this interview.
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Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality

Author: Ajaz Ashraf  
Publisher: AuthorsUpFront
Publishing Date: June 2024
Binding: Paperback
Language: English
Pages: 496
This book rips apart the Maoist conspiracy theory and the Urban Naxal narrative. It points out the ironies underlying the State’s charges against the sixteen, and the flimsiness of the evidence that is said to have been planted on their hacked computers. The conspiracy against the sixteen that inflicted untold miseries on their families is retold here in their voices.
Read more/order

Also read:
▪ Bhima Koregaon Challenging Caste: Brahminism’s Wrath Against Dreamers Of Equality by Ajaz Ashraf (Article 14 / Jul 2024)
▪ Process as Punishment – Recent books that bear witness to the BK-16’s incarceration (The Caravan / Jul 2024)

Activists and journalists continued to be targeted around elections despite UN Human Rights Committee scrutiny

Activists and journalists continued to be targeted around elections despite UN Human Rights Committee scrutiny

monitor.civicus.org / by CIVICUS

India’s civic space is rated as ‘repressed’ by the CIVICUS Monitor. In recent years, the government has misused the draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) and other laws to keep activists behind bars and fabricate cases against activists and journalists for undertaking their work.
Read more

Also read:
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Jul 2024)
▪ CIVIC FREEDOMS IN INDIA ‘REPRESSED’: GLOBAL MONITOR CIVICUS (The Wire / March 2023)
Read full report „People Power Under Attack 2022“

How SC has liberalised bail jurisprudence under anti-terror law UAPA in last three years

How SC has liberalised bail jurisprudence under anti-terror law UAPA in last three years

How Supreme Court has liberalised bail jurisprudence under anti-terror law UAPA in last three years

16/08/2024

The Print / by Akashat Jain

Section 43D(5) of the Act lays down stringent provisions for grant of bail, but there has been a gradual shift in giving bail to UAPA accused over past few years.
From bombing accused K.A. Najeeb to Bhima-Koregaon accused Vernon Gonsalves, the Supreme Court has allowed bail to many accused of terrorism in the last three years. It has allowed bail despite its 2019 order which pegged the standard for allowing bail under the Unlawful Activities Prevention Act (UAPA), 1967 to be higher, a decision which has rarely followed.
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UAPA no exception to the rule on bail

15/08/2024

Hindustan Times / by HT Editorial

Taken together, SC’s pronouncements underline the draconian nature of the law. It is time this is addressed by the legislature of a mature democracy.
Time and again, the Supreme Court (SC) has pronounced that bail is the rule and jail the exception. But Tuesday’s ruling, that this holds true for special statutes such as the Unlawful Activities (Prevention) Act, or UAPA, is of special import. Not because the apex court reiterated its protection of the personal liberty of citizens, but because in ruling so, it implicitly outlined how the law lends itself to strategic misuse.
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What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

Drawing by Arun Ferreira

What Freedom Means For India’s Political Prisoners

15/08/2024

Outlook / by Apsksha Priyadarshini

For political prisoners, freedom becomes a longing for small mercies that make us human
Maryam was six—the youngest of three siblings—when her father, Khalid Saifi, was arrested following the sectarian violence in northeast Delhi in February 2020. The violence took place against the backdrop of months of protests led by Muslim women at several sites across the national capital and in the country, against the Citizenship (Amendment) Act (CAA) and the proposed updates to the National Register of Citizens (NRC) and the National Population Register (NPR). Maryam’s mother Nargis recalls the day as the beginning of “a dark, endless night” that has been written into their fates.
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The Freedoms Our Martyrs Won Are Under Seige

15/08/2024

Outlook / by Anand Teltumbde

This Independence Day, we are in an age in which we need assurances from our leader that the Constitution will survive
Seventy-seven years ago, our martyrs won freedom from British colonial rule. Three years later, we gave ourselves a Constitution that guaranteed a plethora of freedoms, inspired not by the Universal Declaration of Human Rights (UDHR) but the indigenous ethos of our own freedom movement. Today, having traversed into the Amrit Kaal, these guarantees appear to have expired, needing a new guarantee from our supreme ruler that the Constitution itself will survive. If the likes of Bhagat Singh were to see the state of India’s freedom today, they would certainly ask themselves what was wrong with the British rule that they went to the gallows fighting them.
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India Cries for Freedom!

13/08/2024

Countercurrents / by Cedric Prakash

India cries for Freedom: Thanks to the relentless struggles and sacrifices of our freedom fighters, on 15 August 1947, India made her tryst with destiny! After years of colonial rule, she finally became an independent nation. Ever since (during these past 77 years), India has made rapid strides in every sphere, and this fact must be applauded; however, one must also humbly admit that, India still has an unimaginable long way to go in the internalisation and actualisation of her freedom!
…
India cries for Freedom for Human rights defenders (HRDs), right to information seekers and others who take a stand for truth, justice and human rights. They are at the receiving end of a vicious and vindictive system. The are intimidated, incarcerated and even killed! These include those in the Bhima Koregaon conspiracy case; Jesuit Father Stan Swamy is a case in point.
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‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA

‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA


Hindustan Times / by HT News Desk
All India Majlis-e-Ittehadul Muslimeen (AIMIM) supremo Asaduddin Owaisi on Saturday raised his concerns over the future of Muslims, tribals and Dalit people who are being held under Unlawful Activities Prevention Act (UAPA). Taking a jibe, the Hyderabad MP said he hoped that Prime Minister Narendra Modi would learn something from the Lok Sabha election results, but they poured cold water on his expectation.
… The AIMIM chief further claimed that the stringent law became the reason for the death of 85-year-old Stan Swamy. Swamy, a tribal activist, died in judicial custody in 2021. He was arrested under the UAPA in connection with the 2018 Bhima-Koregaon violence case.
Read more

Also read:
▪ Legal experts call for a repeal of UAPA over misuse and rights violations (Frontline / May 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

Poetic License: Outside of Village Periphery – Artists in Kabir Kala Manch struggle to earn a living due to censorship

Poetic License: Outside of Village Periphery – Artists in Kabir Kala Manch struggle to earn a living due to censorship

Outlook / by Rupali Jadhav

Artists in Kabir Kala Manch are struggling to earn a living due to state-sponsored censorship
Kabir Kala Manch, a Pune-based protest performance art troupe, has been a target of the State since its inception in 2002. The group propagates the anti-caste and equality ideology of Phule-Shahu-Ambedkar and Marx through songs and street plays.
In 2019, police arrested three members, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap, in the Bhima Koregaon case for allegedly inciting communalism through songs at Elgar Parishad.
Read more / read poem

Also read:
▪ How Kabir Kala Manch, the anti-caste cultural troupe, challenges the hierarchical social order (Scroll.in / Jul 2024)
▪ Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
▪ Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022