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Why UAPA is a threat to media freedom in India

Why UAPA is a threat to media freedom in India

By Free Speech Collective

NewsClick and patterns of repression: The tiredness of being a journalist

07/10/2023

Newslaundry / by Jayashree Arunachalam

For a particular kind of journalist, life is supposed to play out in sanctimonious technicolour, just like The Newsroom. Speaking truth to power, telling the stories that matter, separating fact from fiction, holding people accountable. Did you annoy a government or local bigwig in the process? No problem! That’s par for the course in the quest for truth. It’s a badge of pride, almost, because you must be doing something right.
… Think back on arrests that made headlines over the past three years. Siddique Kappan travelled to Hathras when he was arrested. Mohammed Zubair referenced a movie trope. Disha Ravi edited a Google Doc. In the Bhima Koregaon case, an extraordinary example of police audacity, the police produced outlandish letters as “proof”, even as the police themselves were accused of planting evidence.
Read more


Why UAPA is a threat to media freedom in India

06/10/2023

Frontline / by Venkatesan V

The Unlawful Activities (Prevention) Act serves as a powerful tool for the state to stifle media dissent and intimidate truth-seeking journalists.
The arrest of the NewsClick founder and Editor-in-Chief, Prabir Purkayastha and its Human Resources head, Amit Chakraborty under the UAPA has brought into focus the gross abuse of the Act by those in power to curb dissent. The First Information Report (FIR) names Purkayastha, the activist Gautam Navlakha (who is under house arrest in the Bhima Koregaon case) and the U.S. businessman Neville Roy Singham.
Read more


Also read:
FIR Given Only Yesterday, Allegations Untenable and Bogus: Newsclick (newsclick.in | by Newsclick Team | Oct 6, 2023)
Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)
In India, 16 journalists under UAPA ; seven behind bars (Freespeechcollective.in / Oct 5, 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Civic Freedoms in India ‘Repressed’: Global Monitor Civicus (The Wire / March 2023)


Gautam Navlakha

Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with NewsClick, Economic & Political Weekly and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

Gautam Navlakha, farm stir, Kashmir map: in Delhi cops’ application for Newsclick founder custody

Gautam Navlakha, farm stir, Kashmir map: in Delhi cops’ application for Newsclick founder custody

Police FIR draws on ED claims, links NewsClick to Navlakha-Maoist case

05/10/2023

The Indian Express / by Mahender Singh Manral, Jignasa Sinha, Nirbhay Thakur

Portal rejects China link; Purkayastha, Chakraborty in 7-day police custody
A day after it invoked the stringent Unlawful Activities (Prevention) Act to arrest Prabir Purkayastha, founder and editor-in-chief of news portal NewsClick, and Amit Chakraborty, the portal’s administrative officer, the Special Cell of Delhi Police obtained their custody Wednesday for 7 days in connection with its probe into alleged routing of funds to the portal and Purkayastha’s “friendship since 1991” with rights activist Gautam Navlakha who is under house arrest in the Elgar Parishad-Maoist link case.
Read more


Gautam Navlakha, farm stir, Kashmir map: in Delhi cops’ application for Newsclick founder custody

04/10/2023

newslaudry / by Prateek Goyal

NewsClick’s founder Prabir Purkayastha and its HR head Amit Chakravarty have been sent to seven-day police custody following their arrest in a UAPA case against the organisation. However, the Delhi Police Special Cell had initially sought 15-day police custody for the two, alleging that there was electronic evidence suggesting a “conspiracy” against the sovereignty of India.
Read more


This Is the Biggest Crackdown on the Indian Press by the Indian State

04/10/2023

The Wire / by Ajoy Ashirwad Mahaprashasta

And yet, none of the drastic actions taken by the police made much sense.
October 3, 2023 will go down in history for the biggest crackdown on Indian journalism by the Indian state. Homes of 46 journalists, including nine women, who are said to be directly and indirectly associated with the news portal NewsClick were raided by the Delhi police’s special cell that usually probes cases of terrorism in the wee hours of Tuesday.
… We still don’t know the specific charges slapped against the news portal, but some television channels, known for pro-government coverage, claimed that the portal had routed some of the Chinese funds to human rights activists Gautam Navlakha and Teesta Setalvad, who are already under the government’s scanner.
Read more


‘Set narrative on CAA stir, Bhima Koregaon using Chinese funds’ — Delhi Police’s case against NewsClick

04/10/2023

The Print / by Bismee Taskin

Delhi Police have accused news portal of ‘receiving Chinese funds routed via US’ & publishing reports ‘with set narrative about protests & violence to tarnish India’s image’, it is learnt.
NewsClick used funds received illegally from China to set and propagate through its coverage a narrative about protests and violence across the country like the farmers’ agitation, the Citizenship Amendment Act protests, and the Bhima Koregaon violence — this is what the Delhi Police has alleged in its case lodged 17 August under the Unlawful Activities (Prevention) Act, ThePrint has learnt.
Read more


18 Media Organisations Write to CJI; Call for Steps to end Repressive Use of Probe Agencies Against Scribes

04/10/2023

NewsClick / by Newsclick Report

Citing the raids on Newsclick, seizure of devices without following due processes and slapping of UAPA, the letter calls for framing of interrogation norms to prevent intimidation of the media.
A coalition of 18 media organisations across states has written a letter to Chief Justice of India (CJI) Y V Chandrachud seeking the judiciary’s intervention to ensure that the freedoms enshrined in the Constitution are protected so that journalists can carry out their duty without ‘threat of reprisal’.
Read the full text of the letter


Poster by #bakeryprasad

NewsClick raids: Indian law has few safeguards when electronic devices are seized

03/10/2023

Scroll.in / by Abhik Deb

In an earlier case, forensics experts have said that documents cited as evidence had been planted on their devices.
As the Delhi Police raided the homes of several journalists on Tuesday in connection with an investigation into the funding of news website Newsclick, it confiscated electronic devices such as mobile phones, laptops and hard drives.

Fabrication of evidence in Bhima Koregaon case
However, even more serious allegations were raised with the Bhima Koregaon case in which several activists and writers were charged with making inflammatory speeches at a conclave in Pune in December 2017.
Read more


Also read:
Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)

● Statement by Newsclick on Oct 3 Raids by Special Cell of Delhi Police (By Newsclick Team / Oct 4, 2023)


We have not been provided FIR copy, or informed about the exact particulars of the alleged offences. Electronic devices have been seized from Newsclick premises and homes of employees without any adherence to due process.
Yesterday, on 3rd October, 2023, raids were carried out by the Special Cell of the Delhi Police at various locations including Newsclick’s offices, residences of journalists and employees – past and present, consultants, and freelance contributors associated with Newsclick.
Several persons were questioned and continue to be questioned. As of now, our Founder-Editor 76-year old Prabir Purkayastha and our administrative officer Amit Chakraborty, who happens to be physically challenged, have been arrested.
Read full statement

We don’t want more Bhima Koregaon bogus conspiracy case / Condemn the NIA’s raid in Andhra-Telangana

We don’t want more Bhima Koregaon bogus conspiracy case / Condemn the NIA’s raid in Andhra-Telangana

Condemn the NIA’s raid in Andhra-Telangana to suppress democratic voices critical of war of corporate plunder

06/10/2023

Countercurrrents / by Forum Against Corporatization and Militarization

On 2nd October, 2023, the National Investigation Agency (NIA) conducted raids across various locations belonging to various democratic and pro-people activists in Andhra Pradesh and Telangana.  The organisations that have been targeted, include, Coordination of Democratic Rights Organizations (CDRO), Andhra Pradesh Civil Liberties Committee (AP CLC), Chaitanya Mahila Sangam (CMS), Pragatisheela Karmika Samakya (PKS), Patriotic Democratic Movement (PDM), Praja Kala Mandali (PKM), Vasantha Meghum, Virasam (RWA), Indian Association of People’s Lawyers (IAPL), Kula Nirmulana Porata Samiti (Struggle Committee for Caste Annihilation; KNPS), Amarula Bandhu Mitrula Sangham (ABMS), Committee for the Release of Political Prisoners (CRPP) and Human Rights Forum (HRF).
Read full statement


We don’t want more Bhima Koregaon bogus conspiracy case in the name of National Security

03/10/2023

Asianspeaks.com / by Campaign Against State Repression (CASR)

“In the overall situation in India, no form of democratic assertion is left untouched by the NIA’s repression in the name of Maoist links, whether they be organizations fighting for the rights of minorities, anti-caste organizations like KNPS, women’s rights organizations like the CMS or even Gandhian or Marxist-Leninist organizations. All forms of democratic assertions are under threat in this current spate of repression…”

Statement By Campaign Against State Repression

CASR STRONGLY CONDEMN THE NIA RAID IN TELENGANA AND ANDHRA PRADESH
In the early hours of 2nd October, 2023, the National Investigation Agency (NIA) raided 62 different locations in the states of Andhra Pradesh (53) and Telangana (9) as part of their recent string of raids all over the country against democratic rights organizations.
Read full statement


NIA Conducts Coordinated Raids on Rights Activists Across 62 Locations in Andhra, Telangana

03/10/2023

The Wire / Sukanya Shantha

The raids were in connection with the 2021 Munchingiputtu CPI (Maoist) conspiracy case. Devices and literature belonging to functionaries and lawyers of the Indian Association of People’s Lawyer and Human Rights Forum, along with various other rights bodies were seized.
Officials of the National Investigating Agency (NIA) arrived in groups of four and five in 62 locations across Telangana and Andhra Pradesh on October 2, in coordinated raids at the homes of human rights activists and researchers.
The raid teams – comprising of NIA officers from Delhi and the local police – arrived between 5.30 am and 6 am on the day, and stayed at the locations till afternoon.
Read more


Also read:
Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)
Blatant use of UAPA by Telangana Police to suppress dissenting voices (Countercurrents / June 2023)
● Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others (The Wire / June 2023)

AI Report: India’s exploitation of terrorism financing assessments to target the civil society

AI Report: India’s exploitation of terrorism financing assessments to target the civil society

Amnesty.org / by Amnesty International

The Indian government has exploited the 2010 and 2013 Financial Action Task Force (FATF) assessment reports to supplement its arsenal of counterterrorism and money laundering laws, many of which are routinely used to target civil society organizations and human rights defenders. The briefing paper analyses the Foreign Contribution (Regulation) Act, Unlawful Activities (Prevention) Act and Prevention of Money Laundering Act and highlights the emblematic cases of the crackdown suffered by journalists, academics, human rights activists, and students under these laws since 2010.

IMPACT OF UAPA ON INDIA’S NPO SECTOR
(Page 25) … Sections 17 and 40 of UAPA that relate to terrorist funding have also been arbitrarily invoked against 16 human rights activists (BK16) since 2018, nine of whom continue to be detained without trial in the Bhima Koregaon case…
India’s targeting of activists through the misuse of UAPA’s financial powers demonstrates the broader context of the crackdown on dissent in India. For example, in June 2020, after thorough and detailed research, Amnesty International and Citizen Lab uncovered that at least nine other activists who had been calling for the release of the BK16 activists were targeted through a coordinated spyware campaign. Three of them were also targeted with the NSO Group’s Pegasus spyware, a commercial product only sold to government entities.
Read full report



Campaign by Amnesty International: Act now to demand the release of the BK16! (Dec 2022)


Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations

Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations

The New Indian Express / by Mukesh Ranjan

A delegation of these organisations met Special IG Prabhat Kumar demanding to clear their stand on the issue. They also demanded immediate rejection of any such list if it has been issued.
Jharkhand police has ordered its Special Branch to probe the Maoist links with some of the frontal organizations like Stan Swamy’s ‘Bagaicha,’ ‘Stan Swami Nyay Manch’ and several
others active in the state and submit a report.
Read more


Also read:
Can Father Stan Swamy’s PIL be the blueprint for justice to thousands of undertrials lodged under UAPA? (The Leaflet / Aug 2023)
Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive (Scroll.in / Dec 2021)
Justice for Stan Swamy! Drenched supporters carry on his legacy (SabrangIndia / Jul 2021)
NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)
A study of Undertrials in Jharkhand (Sanhati / by Bagaicha Research Team / Feb 2016)

Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John

Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John


Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John

17/09/2023

Scroll.in / by Scroll Staff

The senior advocate said that the law has strict bail conditions and allows extension of custody of an accused from 90 to 180 days before chargesheet is filed.
It is tragic that people booked under the Unlawful Activities (Prevention) Act continue to remain incarcerated on little or no evidence due to the stringent sections in the law, senior advocate Rebecca John said on Saturday, reported Live Law.
John, who has represented activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, made the remarks during a panel discussion held for the launch of the book, Unsealed Covers: A Decade of the Constitution, the Courts and the State by author Gautam Bhatia.
Read more


When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That’s The Real Tragedy: Rebecca John

17/09/2023

Live Law / by Gyanvi Khanna

During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State, Senior Advocate Rebecca John made strong observations about the Unlawful Activities (Prevention) Act, 1967 (UAPA).
Read more

Video: Discussion On Unsealed Covers By Gautan Bhatia – Justice Muralidahar, Rebecca John, Seema Chishti


en | 1:37:45 | 2023
Watch video


Also read/watch:
Rebecca John: Supreme Court judgment has far reaching consequences (Rediff.com / Aug 2023)
Video: Vernon v. State of Maharashtra: A Breakthrough in Bail Jurisprudence under the UAPA? (PUCL India / Aug 2023)

When reading books is criminalised: Examining UAPA, sedition cases in India

When reading books is criminalised: Examining UAPA, sedition cases in India

The News Minute / by Prajwal Bhat, edited by Vidya Sigamany

Among other things, books read by students and activists are increasingly part of chargesheets in sedition and terror cases.
In Franz Kafka’s novel The Trial, the protagonist is prosecuted by an unknown authority that drags him through opaque legal proceedings where the nature of his crime is not revealed, to him or the reader. Such legal bureaucracies that are seemingly far-fetched are not too dissimilar to the trials of students, activists, and academics in India who are charged with sedition or under the Unlawful Activities (Prevention) Act (UAPA).
Perhaps the account that is most reminiscent of Kafka’s novel is Sagar Abraham-Gonsalves describing the police ransacking their home and confiscating books, computers, and hard drives before arresting Sagar’s father, activist Vernon Gonsalves, in connection with the Bhima Koregaon case.
Read more


Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report
Will SC’s Sedition Order Mean Relief for Delhi Riots, Bhima Koregaon Accused? (The Quint / May 2022)
Explainer: How the Sedition Law Has Been Used in the Modi Era (The Wire / Mai 2022)

Telangana turns into experimental theatre to misuse suppressive laws: CASR meet

Telangana turns into experimental theatre to misuse suppressive laws: CASR meet

Counterview / by Our Representative 

Speakers at a media conference, organised by the civil rights network Campaign Against State Repression (CASR), even as discussing “suppression of democratic voices” using suppressive laws in the light of the Tadwai case, where 152 activists of Andhra-Telangana were named under the anti-terror Unlawful Activities (Prevention) Act (UAPA), have demanded repeal of the “draconian” law.
Read more


Also read:
Blatant use of UAPA by Telangana Police to suppress dissenting voices (Countercurrents / June 2023)
● Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others (The Wire / June 2023)
The Govt is out to silence Dissenters through Arrests: Justice Hosbet Suresh (Sabrangindia / Oct 2018)

Will India care for human rights by releasing undertrial activists ahead of G20 summit?

Will India care for human rights by releasing undertrial activists ahead of G20 summit?

Counterview / by Bharat Dogra

India has a very rich tradition of opposing wrongly arrested persons, going back to the days of the freedom movement…
Hence, ahead of the Independence Day, it would be a much appreciated gesture on the part of the government if it releases several dissenting activists, including distinguished scholars and lawyers, who are widely believed to have been wrongfully arrested or implicated in wrong cases. To give one often discussed example of what is widely believed to be a case of wrongful arrests, we may mention here the Elgar Parishad case.
Read more


Also read:
The Burgeoning Share of Undertrial Prisoners in India’s Jails (The Wire / Oct 2022)
Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive (Scroll.in / Dec 2021)

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

Bacha Singh, Damodar Turi during protests

Counterview / by Counterview Desk / FACAM

Civil rights group Forum Against Corporatization And Militarization (FACAM), even as condemning the alleged harassment of Jharkhand activists by the National Investigation Agency (NIA), has said that they are being intimidated because they have “opposed corporate loot of people’s resources.”

It is a malicious plot of the state machinery to suppress democratic voice against corporate loot and displacement of adivasis
Among Bhima Koregaon political prisoners, most were actively opposing the state-corporate expropriation of people’s resources, displacement and state repression. Father Stan Swamy himself played an instrumental in formation of Visthapan Virodhi Janvikas Andolan (VVJA) and was active in Pathalgadhi Movement to ensure the autonomy and sanctity of gram sabha.
Read full statement


Also read
Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)
This Organisation In Jharkhand Is Holding The State Accountable (Youthkiawaaz / April 2022)
NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)