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Category: Repression

UAPA and the many victims of the Republic of India

UAPA and the many victims of the Republic of India

AskIndiaWhy / by AskIndiaWhy

January 26 is India’s Republic Day, when the government will conduct an elaborate parade under the vanity of national pride as the world’s largest democracy — supposedly guaranteeing liberty, equality and freedom of speech. 
India’s Unlawful Activities Prevention Act (UAPA) was established in 1967 with the purpose of centralising political power to prevent “unlawful activities” and upkeeping the integrity of India’s sovereign democratic status.
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Also watch/read:
● Video: International Solidarity Statement, 73rd Republic Day of India (InSAF / Jan 2022)
● On R-Day, Diaspora Groups Call for Release of Anti-CAA Protestors Charged Under UAPA (The Wire / Jan 2022)

Pegasus Spyware: Fresh plea in Supreme Court seeks probe into 2017 India-Israel defence deal

Pegasus Spyware: Fresh plea in Supreme Court seeks probe into 2017 India-Israel defence deal

Pegasus case: Fresh plea in Supreme Court seeks probe into 2017 India-Israel defence deal

20/01/2022

Scroll.in / by Scroll Staff

The applicant has said the reported agreement with Israel was not approved by Parliament.
Advocate ML Sharma has filed an application in the Supreme Court seeking an investigation after The New York Times on January 28 said that the Narendra Modi-led government had purchased the Pegasus spyware from Israel in 2017, Live Law reported on Sunday.
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Pegasus Spyware: Supreme Court Urged To Take Cognisance Of New York Times Report Alleging Pegasus Purchase By Indian Government

30/01/2022

Live Law / by Srishti Ojha

While referring to the recent New York Times report that in July 2017 Modi government purchased Pegasus from an Israeli firm, Advocate ML Sharma has moved the Supreme Court of India seeking probe into the alleged Pegasus purchase.
Sharma, who is also one of the petitioners in the Pegasus case before the Supreme Court, has filed an application seeking directions to register F.I.R for investigation to recover public money paid for the impugned deal.
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India Bought Pegasus as Part of Larger $2 Billion Deal with Israel in 2017, Claims ‘NYT’ Report

28/01/2022

The Wire / by The Wire Staff

The media report notes that Pegasus was the ‘centrepiece’ of a 2017 deal between India and Israel.
India bought controversial spyware tool Pegasus in 2017 as part of a larger arms deal with Israel, according to a new report published by The New York Times.
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Also read:
● Bhima Koregaon accused and their counsel write to SC’s Pegasus technical committee alleging snooping (The Leaflet/ Jan 2022)
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

India’s government unleashing controversial UAPA as means of silencing civil rights activists

India’s government unleashing controversial UAPA as means of silencing civil rights activists

Daily Maverick / By Anandaroop Sen

In this interview, Anandaroop Sen, a senior lecturer in history at the University of Cape Town, talks to Kavita Srivastava, the President of the Rajasthan Chapter of the People’s Union for Civil Liberties and one of India’s most respected activists, about the clampdown and what it represents for the future of human rights in India.

Anandaroop Sen (AS): Could you begin by giving the context in which the 16 Indian academics, activists, lawyers, popularly known as the Bhima Koregaon 16 (BK 16) have been imprisoned by the Narendra Modi-led BJP government for the last three years.
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UAPA And The Authoritarian Tendencies Of A Democratic Government

UAPA And The Authoritarian Tendencies Of A Democratic Government

Youthkiawaaz / by Salim Usman

The Modi government has, over the years, used the UAPA to counter any narrative that goes against their views and uses the law to arbitrarily arrest those who have spoken against them.
The unprecedented rise in countries exhibiting authoritarian tendencies throughout the world in the past few years, and the large number of human rights violations committed by state actors, is a matter of concern not just for the particular country’s political, social and economic circles but also for the international political community.
… perhaps the starkest example of the weaponisation of the UAPA was its use against those accused in the 2018 Bhima Koregaon violence case.
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PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

19/01/2022

Law Street Journal / by Komal Kinger

Pegasus is a type of spyware created by the Israeli cyberarms firm NSO Group that can be installed secretly on mobile phones (and other divices) running most versions of iOS and Android.
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Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

10/01/2022

The Wire / Sukanya Shantha

On January 3, the committee issued a public notice urging people to contact them in case they have reasons to believe that their phones were compromised using the malware.
Several human rights defenders and academics implicated in the Elgar Parishad case and their lawyers have sent their representation to the Supreme Court-appointed Technical Committee alleging that their phones were infected by the vicious Pegasus malware.
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Bhima Koregaon accused and their counsel write to SC’s Pegasus technical committee alleging snooping

08/01/2022

The Leaflet / by The Leaflet

On January 3, the Supreme Court-appointed Technical Committee (TC) to investigate the snooping allegations using Pegasus spyware had issued a public notice urging citizens to contact it if they felt that their mobile device had been infected…
The Leaflet learns that at least four accused in the Bhima Koregaon case, and their counsel, Nihalsing B. Rathod, have written to the committee separately alleging that their mobile devices had been infected with the Pegasus malware.
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Also read:
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

India: Dangerous Backsliding on Rights – Activists, Critics Targeted

India: Dangerous Backsliding on Rights – Activists, Critics Targeted

By Human Rights Watch

Activists, Critics Targeted: Growing Attacks on Muslims, Groups at Risk
Indian authorities intensified their crackdown on activists, journalists, and other critics of the government using politically motivated prosecutions in 2021, Human Rights Watch said today in its World Report 2022. Tens of thousands of people died during a surge in Covid-19 cases, with the government failing to provide adequate health care to those in need.
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Read full India chapter

Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

10/01/2022

The Wire / Sukanya Shantha

On January 3, the committee issued a public notice urging people to contact them in case they have reasons to believe that their phones were compromised using the malware.
Several human rights defenders and academics implicated in the Elgar Parishad case and their lawyers have sent their representation to the Supreme Court-appointed Technical Committee alleging that their phones were infected by the vicious Pegasus malware.
Read more

Bhima Koregaon accused and their counsel write to SC’s Pegasus technical committee alleging snooping

08/01/2022

The Leaflet / by The Leaflet

On January 3, the Supreme Court-appointed Technical Committee (TC) to investigate the snooping allegations using Pegasus spyware had issued a public notice urging citizens to contact it if they felt that their mobile device had been infected…
The Leaflet learns that at least four accused in the Bhima Koregaon case, and their counsel, Nihalsing B. Rathod, have written to the committee separately alleging that their mobile devices had been infected with the Pegasus malware.
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Counsel Of Bhima Koregaon Accused Writes To SC-Appointed Technical Committee Suspecting Hacking Of His Device

09/01/2022

Live Law / by Srishti Ojha

A lawyer, who represented several persons implicated in the Bhima Koregaon Elgar Parishad case has written to the Technical Committee appointed by the Supreme Court to probe into the allegations of snooping through Pegasus, suspecting compromise of his mobile device by Pegasus Malware.
Advocate Nihalsing B Rathod, a practicing lawyer based in Nagpur has argued that his phone was intercepted for accessing the privileged communication and legal strategies drawn on behalf of his clients in the Bhima Koregaon Elgar Parishad.
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Bhima Koregaon accused, counsel write to SC appointed Committee alleging phones were compromised

08/01/2022

Bar & Bench / by Abhimanyu Hazarika

Advocate Nihal Singh Rathod has offered to appear before the committee and submit his phone for probe.
A Nagpur-based lawyer on Friday wrote to the Supreme Court appointed Technical Committee probing the Pegasus spyware scandal, stating that he has reasons to believe his phone was hacked and compromised by the spyware.
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Also read:
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

SC Judgment Review 2021 / Bail Under UAPA: Court in Review

SC Judgment Review 2021 / Bail Under UAPA: Court in Review

SC Judgment Review 2021: Terror

24/12/2021

Supreme Court Observer / by Gauri Kashyap

We discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
In 2021, the Supreme Court issued 865 judgments. In a series of posts, we conduct a thematic review of the most important judgments of the year. Here, we discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
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Bail Under UAPA: Court in Review

13/12/2021

Supreme Court Observer / by Ayushi Saraogi

Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 lays down stringent provisions for the grant of bail.
In the aftermath of the Bombay terror attacks, the Union government enacted the UAPA Amendment Act, 2008. The Amendment introduced Section 43D (5), which required a Court to deny bail if there were reasonable grounds to believe that the case against the accused was prima facie true. The provision made bail difficult to secure, since it required the Court to assess guilt only by looking at the charge sheet prepared by the National Investigation Agency (NIA). The accused cannot provide any evidence outside the chargesheet in their defense.
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Also read:
● 4,690 UAPA arrests between 2018-21; only 3.1% convictions (The Federal / Dec 2021)
● UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague (Gauri Lankesh News / Nov 2021)
● Bhima Koregaon Case: Trying Without a Trial Is the Intent of Draconian UAPA Law (The Wire / July 2021)

Indian anti-terror law snags more than terrorists / 4,690 UAPA arrests; 3.1% convictions

Indian anti-terror law snags more than terrorists / 4,690 UAPA arrests; 3.1% convictions

Indian anti-terror law snags more than terrorists

22/12/2021

Yahoo News / by Sarita Santoshini

Pendyala Pavana is no stranger to the world of social activism and government repression. Ever since she was a child she has seen her father, a revolutionary poet and activist, subjected to repeated criminal charges, accused of everything under the sun, including murder.
Twenty-four times he has been charged; 24 times he has been found not guilty. Still, Ms. Pavana is shocked by the way her father, Varavara Rao, is being treated in his latest ordeal. “It’s quite against natural justice, and his rights are completely denied,” she says.
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4,690 UAPA arrests between 2018-21; only 3.1% convictions

22/12/2021

The Federal / by The Federal

Authorities arrested 4,690 people across India under the Unlawful Activities (Prevention) Act (UAPA) between 2018 and 2021, but only 149 detainees have so far been convicted, according to figures provided by the government.
That means only 3.1 per cent of the arrests under the draconian law in the past three years have ended in convictions.
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There is no room for fake encounters, says NHRC chief Arun Mishra

There is no room for fake encounters, says NHRC chief Arun Mishra

Drawing by Arun Ferreira

Scroll.in / by Scroll Staff

The head of the country’s statutory human rights body said that speedy justice was key to rule of law.
National Human Rights Commission chief Arun Mishra on Friday said that suspects in cases should not be jailed without trial and that there was no room for fake encounters. Mishra, a former Supreme Court judge, added that justice was the source of a peaceful society…
As recently as on Wednesday, South African non-profit organisation Civicus put India on a list of countries with “repressed” democratic values. The report had flagged the use of draconian anti-terror law Unlawful Activities (Prevention) Act against activists arrested in the Bhima Koregaon case, repression of the farmers’ protest and the imposition of curfews in Jammu and Kashmir.
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Also read:
● In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence (Indiaspend / Oct 2021)
● The ‘Encounter Raj’ mindset: Stop mocking those who stand for human rights. Demonising them endangers every citizen (Times of India / July 2020)
● Chhattisgarh: Story of another ‘encounter’ (The Indian Express / Dec 2019)
● Press Release Of The Joint Fact Finding in Gadchiroli by CDRO, IAPL and WSS (WSS / May 2018)