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How the SC speaks in contradictory voices / Staying of bail Orders disastrous for human liberty, says SC

How the SC speaks in contradictory voices / Staying of bail Orders disastrous for human liberty, says SC

How the SC speaks in contradictory voices on bail

14/07/2024

Scroll.in / by Vineet Bhalla

Bail has been reduced to a judicial lottery with different judges and benches of the court taking inconsistent stances on similar issues.
…
On July 11, the Supreme Court castigated the Delhi High Court for staying a regular bail order in separate case for over a year when it has itself stayed the order granting bail to Dalit activist Mahesh Raut in the Bhima Koregaon case for more than nine months now.
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Casual and mechanical staying of bail Orders disastrous for human liberty, says SC

13/07/2024

The Leaflet / by The Leaflet

In a significant development, a Supreme Court Bench of Justices Abhay S. Oka and Augustine George Masih has said it will lay down parameters on the stay of bail-granting Orders.
…
The Supreme Court itself has been guilty of staying bail Orders without reason. For instance, Bhima Koregaon accused Gautam Navlakha was granted regular bail by the Bombay High Court Bench on December 19, 2023, after observing that it could not be said, based on the material produced by the National Investigation Agency (NIA), that there exist reasonable grounds for believing that the accusation against Navlakha was prima facie true to attract Sections 16, 18, 20 and 39 of the Unlawful Activities (Prevention) Act.
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Also read:
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ ‘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 Now the Outcome of Judicial Lottery (The Wire / Oct 2022)

Bhima Koregaon: Challenging Caste review: What led to Modi govt’s crackdown on intellectuals

Bhima Koregaon: Challenging Caste review: What led to Modi govt’s crackdown on intellectuals

The Federal / by Binoo K John

Ajaz Ashraf underscores how Bhima Koregaon riots, and the subsequent clampdown on leftist leaders, was sparked by various interpretations of Shivaji’s role and his stature in the Marathi consciousnes
…
A voice of defiance against the state The 200th anniversary of Bhima Koregaon was the happy hunting ground of many such pro-Maratha organisations, waiting to confront the various Dalit organisations. Bhima Koregaon is the place where, in January 1818, the British army comprising Mahar Dalit soldiers won the battle against Peshwa ruler Baji Rao II.
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Also Read:
▪ Book Excerpt | How Bhima Koregaon Became a Trope for Dalit Pride and Assertion (The Wire │ by Ajaz Ashraf │ June 2024)

▪ 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
Read more/order

▪ The Incarcerations: Bhima Koregaon And The Search For Democracy In India

Author: Alpa Shah
Publishing Date: March 2024
Publisher: Harper Collins Publisher
Pages: 672
Read more / order

▪ Casting a Veil – What we miss by ignoring Maratha caste politics in the Bhima Koregaon case (The Caravan / Dec 2020)
▪ 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)

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

15/07/2024

The Wire / by Ajay K. Mehra

The proposed legislation will authorise state police and other security agencies to arrest an accused person without warrant and by extension, without letting them know of their offence.
As soon as the Maharashtra Special Public Security Bill, 2024, tabled in the state legislative assembly on July 11 this year, becomes a law, the state government will have another draconian legal instrument to use against protesters, dissenters, critics and opponents. Like other such laws, this one too has strict provisions making an individual’s arrest non-bailable.
Since the need for such a law is being justified on the grounds that the “menace of Naxalism is increasing in urban areas… through Naxal frontal organisations”, dissenters being framed up as ‘urban Naxals’ is imminent.
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Colin Gonsalves writes: Under proposed ‘urban Naxal’ law, I could be arrested for fulfilling my duty

14/07/2024

The Indian Express / by Colin Consalves

Because the judiciary has let us down again and again, the government has become bold enough to draft a law to trap within its web all those who struggle without guns or bombs for a better India
…
We have gone through the experience of the arrest of the Bhima Koregaon lawyers and social workers, none of whom, even after five years of incarceration, could be shown to have engaged in any act of violence intended to overawe the state by warfare. All of them were denied bail by judges, up to the Supreme Court.
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‘Urban Naxal’ bill is bogey to smother opposition before Maharashtra polls, say Congress, CPI(M)

12/07/2024

The Hindu / by Ateeq Shaikh

In a strongly worded statement issued by the CPI (M) State Secretary, Deputy Chief Minister Fadnavis has been called a “hitman” for Prime Minister Narendra Modi and Union Home Minister Amit Shah
… The statement reads, “It is well-known that Devendra Fadnavis, then Chief Minister and Home Minister, acted as a hitman for Narendra Modi and Amit Shah in arresting innocent individuals under UAPA on false charges in the Bhima Koregaon case.
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Also read:
▪ What is Maharashtra’s new Bill to curb ‘Naxalism in urban areas’? (The Indian Express / Jul 2024)
▪ Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)
▪ What makes an Urban Naxal? (MR online / Sep 2018)
▪ From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)

India: Submission to the UN Human Rights Committee on the deterioration of civic space

India: Submission to the UN Human Rights Committee on the deterioration of civic space

India: Submission to the UN Human Rights Committee on the deterioration of civic space

12/07/2024

CIVICUS / by CIVICUS

CIVICUS has submitted a report to the UN Human Rights Committee on the state of civic space in India ahead of its review of the state’s implementation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) in July 2024.
…
The submission calls on the UN Human Rights Committee to make a series of recommendations, including:
Immediately and unconditionally release all HRDs, including Khurram Parvez, HRDs detained in the Bhima Koregaon case, student activists Umar Khalid and Gulfisha Fatima, journalists including Irfan Mehraj, academics and others detained for exercising their fundamental freedoms, and review their cases to prevent further harassment.
Read more
Download the India research brief

Also read:
▪ CIVIC FREEDOMS IN INDIA ‘REPRESSED’: GLOBAL MONITOR CIVICUS (The Wire / March 2023)
Read full report „People Power Under Attack 2022“
▪ India | Civicus Monitor Watchlist – Overview Of Recent Restrictions To Civic Freedoms (March 2022)
▪ AUTHORITIES HARASS AND SQUEEZE FUNDING OF NGOS WHILE ACTIVISTS, JOURNALISTS TARGETED IN INDIA (CIVICUS / Feb 2022)

Union gov’t shredded Right to Privacy Bill at the behest of intelligence agencies

Union gov’t shredded Right to Privacy Bill at the behest of intelligence agencies

Reporters Collective / by Shreegireesh Jalihal, Swapnil Ghose and Saras Jaiswal

Modi government gave in to intelligence agenciesʼ demands for a “blanket exemption” from a proposed right to privacy law. It effectively killed a decade-old assurance to bring in a law to protect citizens from illegal surveillance
In 2012, the Congress-led government assured Parliament that a right to privacy law was in in the making. The eagerly awaited law was supposed to be a bulwark against surveillance on individuals, with rules spelling out when the government could snoop on citizens.
… While the assurance was still on the table, controversies emerged around allegations of government snooping on dissidents, and journalists using Pegasus, an Israeli military-grade spyware.
Read more

Also read:
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 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)
▪ They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Koregaon Bhima Commission of Inquiry further extends period for submitting final arguments

Koregaon Bhima Commission of Inquiry further extends period for submitting final arguments

Graphic by Arun Ferreira & Vernon Gonsalves

The Indian Express / by Express News Service

The Commission will compile its report after the final arguments are heard. Tenure of the commission expires on August 31, 2024.
The Koregaon Bhima Commission of Inquiry has extended the period for submitting the final arguments before it till July 31.
The Commission had initially asked the lawyers appearing before it to submit their final arguments in writing by March 1, 2024. The period was later extended till June 30.
Read more

Also Read:
▪ Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 2022)
▪ Bhima Koregaon Violence: Four Different Theories, but No Justice in Sight (The Wire / Jan 2022)
▪ 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)

In a case involving fake currency, Supreme Court gets real about the right to speedy trial

In a case involving fake currency, Supreme Court gets real about the right to speedy trial

The Leaflet / by The Leaflet

The Supreme Court has provided a timely reminder, as much to itself as to subordinate judiciary and the general public, that presumption of innocence and the right to a speedy trial cannot be counterfeited by ‘national security’.
IN a significant ruling, the Supreme Court has held that irrespective of the nature of the crime, an accused is entitled to a speedy trial.
The court has also remarked that “if the prosecuting agency and the court concerned have no wherewithal to protect the fundamental right to a speedy trial, then they should not oppose the bail petitions on the ground that the crime committed is serious.”
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Also read:
▪ ‘Trial will take years & years & years:’ SC grants bail to Bhima Koregaon accused Gautam Navlakha (The Print / May 2024)
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
▪ How many years can an undertrial languish in jail without trial? Bombay High Court asks NIA on Bhima-Koregaon Violence (Free Press Journal / Jul 2021)

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Jacobin.com / by Safa Ahmed

Since reaching power, Narendra Modi’s Bharatiya Janata Party has jailed political critics using bogus terrorism and incitement charges. But an electoral setback for his party offers hope of change in India and a crack in his authoritarian Hindutva order.
… There are those who do make it out of prison. But in one harrowing case, imprisonment under the UAPA became a death sentence. In 2018, violent clashes broke out between Dalits and Hindu militant groups in Bhima Koregaon, a village in Maharashtra state. Instead of arresting any militants, police in the state arrested sixteen eminent activists, academics, and lawyers over the next two years — all of whom were involved in civil rights work supporting marginalized Dalits and tribal Adivasi communities.
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Video: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

By The Telegraph

en | 4:45 | 2024
From Kashmir to Pune, from the barrage of detainees from the CAA-NRC protests to the Delhi riots case accused to the infamous Bhima Koregaon arrests, Prime Minister Narendra Modi’s time in office has been marked by a number of ‘political prisoners’ who remain indefinitely behind bars, with their trials still pending.
Watch video

Read more: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial (The Telegraph / June 2024)

Also Read:
▪ How The Indian Prison System Denies Basic Freedoms, Rights And Dignity To Political Prisoners (The Polis Project / June 2024)
▪ The Opposition Must Demand the Release of all Political Prisoners (The Wire / June 2024)
▪ Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)

India: Authorities must immediately repeal repressive new criminal laws

India: Authorities must immediately repeal repressive new criminal laws

Amensty.org / by Amnesty International

As three new criminal laws, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhinayam (BSA), come into effect today replacing three British-era laws in India, Aakar Patel, chair of board at Amnesty International India said:
“The provisions of the amendments to and overhaul of the criminal laws in India would have debilitating consequences on the effective realization of the rights to freedom of expression, association, peaceful assembly, and fair trial.”
Read full statement

Also read/watch:
▪ India: Arrests, Raids Target Critics of Government (Amnesty International / Oct 2023)
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ 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)
▪ 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)
▪ Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

PCI Conversations │ Ajaz Ashraf and Jenny Rowena discussing Bhima Koregaon

PCI Conversations │ Ajaz Ashraf and Jenny Rowena discussing Bhima Koregaon

by Press Club of India / @PCITweets (June 28):
As part of our #PCIConversation, a discussion on Ajaz Ashraf’s book “Bhima Koregaon: Challenging Caste” will be discussed
The guests are author himself and Miranda House College’s Jenny Rowena
29 June 2024 (Saturday), 5:30 PM onwards at Conference Hall, Press Club of India

Also read:
▪ Book Excerpt | How Bhima Koregaon Became a Trope for Dalit Pride and Assertion (The Wire │ by Ajaz Ashraf │ June 2024)
▪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
Read more/order