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Category: Persecution

Supreme Court adjourns hearing on bail plea by Shoma Sen

Supreme Court adjourns hearing on bail plea by Shoma Sen

Odiashatv.in / by ians

A Bench comprising Justices Aniruddha Bose and Bela M Trivedi posted the matter for hearing after a period of four weeks and allowed the petitioner to file a rejoinder to the counter-affidavit filed by the NIA.
The Supreme Court on Wednesday deferred the hearing on a bail plea filed by Professor Shoma K Sen, an accused in the Bhima Koregaon case.
Read more


Also read:
Supreme Court seeks NIA reply on interim bail for Elgar Parishad accused activist (Hindustan Times / Aug 2023)
Shoma Sen moves Supreme Court seeking bail (The Leaflet / April 2023)

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)

Truth and dare in Bhima Koregaon

Truth and dare in Bhima Koregaon

poster by @/bakeryprasad

The Leaflet / by Susan Abraham

The Bhima Koregaon–Elgar Parishad ‘Maoist’ conspiracy case is a grand experiment with truth where the State is daring the people to stand up for justice.
‘TRUTH or dare’ is a mostly verbal party game requiring two or more players. Players are given the choice between answering a question truthfully, or performing a ‘dare’. The premise is simple: Players take turns asking one another ‘truth or dare?’ If they choose truth, they have to answer a question of the asker’s choosing. If they choose dare, the asker dares them to do something rather than make a confession.
Suppose the State were to subject its citizens to a macabre version of this game by cooking up a conspiracy case and locking up people behind bars. Then tell them that in order to win their freedom, they have to choose the ‘truth’ of the conspiracy or the ‘dare’ to dissent.
This is the absurd logic that plays out when you try to make sense of the Bhima Koregaon conspiracy case.
Read more


Also read:
Five years of Bhima Koregaon arrests: CDRO marks ‘black day’ (The Leaflet / Jun 2023)

A Discussion with Sudha Bharadwaj: Learning from the Trade Unionist Shankar Guha Niyogi

A Discussion with Sudha Bharadwaj: Learning from the Trade Unionist Shankar Guha Niyogi

by Akash | @akash_falaq (Sep 29)


Do join this fascinating conversation on 30 September, with trade unionist and advocate Sudha Bhardwaj, organized by #Spark.
#ShankarGuhaNeogi #BhagatSingh


Also read:
Whither Contract Labour Abolition? From Rise to Repeal – A Paper By Sudha Bhardwaj (Workers Unitiy / May 2023)


Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj (Dec 2021)
Sudha Bharadwaj To Be Released After NIA Court Sets Bail Conditions (The Wire / Dec 2021)



E-Book: From Phansi Yard: My Year with the Women of Yerawada
By Sudha Bharadwaj (Author)

Publisher : ‎ Juggernaut (10 October 2023)
Language‏ : ‎ English
Some prisoners pray, some weep, some just put down their heads and work themselves weary. Sudha Bharadwaj watched through the bars of her cell, and she wrote. This is her remarkably granular account of the world of women prisoners in Yerawada Jail in Pune. Bharadwaj was incarcerated here, in a high-security wing called Phansi Yard, from November 2018 to February 2020. She takes us through jail life, her own and the other women’s, from one season to the next, weaving in lively portraits of her fellow prisoners, their children and even their pets, and reflecting on everything from absurd rules, caste hierarchies, food, fistfights and friendships, to the dismal absence of legal aid for the most defenceless of women.
Pre-order

SC Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

SC Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

Supreme Court extends stay on bail granted to Mahesh Raut

27/09/2023

The Leaflet / by Sarah Thanawala

On September 21, Bombay High Court had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency to appeal in the Supreme Court.
On Wednesday, the Supreme Court extended the stay on the Order of the Bombay High Court that granted regular bail to forest rights activist Mahesh Raut by another week.
On September 21, a division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh had granted bail to Raut and allowed a stay on the Order for one week to enable the National Investigation Agency (NIA) to appeal in the Supreme Court.
Today, a division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi heard the special leave petition filed by the NIA challenging the Order of the high court.
Read more


Supreme Court Extends Stay Granted By Bombay HC On Mahesh Raut’s Bail Till Oct 5, Admits NIA’s Appeal

27/09/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (September 27) admitted the appeal by the National Investigation Agency (NIA) challenging the bail granted to tribal rights activist Mahesh Raut in the Bhima Koregaon case over alleged maoist list.
The Court also extended the stay, which was granted by the Bombay High Court itself on the bail order, till the next date of hearing October 5.
Read more


Supreme Court extends Bombay High Court stay on bail to Mahesh Raut

27/09/2023

Bar & Bench / by Abhimanyu Hazarika

A bench of Justices Aniruddha Bose and Bela M Trivedi admitted the NIA’s appeal against the High Court’s order granting Raut bail and listed the case on October 5. The stay on Raut’s bail order will continue until then.
The Supreme Court on Wednesday extended till October 5 the stay imposed by the Bombay High Court on its order granting bail to Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case. [National Investigation Agency v. Mahesh Sitaram Raut and anr]
A bench of Justices Aniruddha Bose and Bela M Trivedi passed the order on the appeal filed by National Investigation Agency (NIA) before the apex court challenging the High Court’s bail order.
Read more


Also read:
The cost of protesting against mining in Gadchiroli (Scroll.in | by Nolina Minj | Sep 27, 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)
No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order] (Live Law / Sep 21, 2023)
Encountering Resistance – State Policy for Development in Gadchiroli (Coordination of Democratic Rights Organisations (CDRO / June 2018)
Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

Jyoti Jagtap

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

21/09/2023

The Leaflet / by Sarah Thanawala

The matter is posted for further hearing after three weeks.
On Thursday, the Supreme Court granted three weeks time to anti-caste activist and musical performer, Jyoti Jagtap, to file a rejoinder in support of her bail plea.
A division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi was hearing Jagtap’s plea for grant of regular bail.
Read more


Supreme Court adjourns hearing on activist Jyoti Jagtap’s plea against HC order

21/09/2023

The Telegraph / by pti

Jagtap has moved the apex court challenging the October 17, 2022 order of the high court that refused to grant her bail
The Supreme Court on Thursday adjourned for four weeks a plea moved by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order denying her bail.
Read more


Also read:
Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
Hany Babu, three Kabir Kala Manch members denied bail in Bhima-Koregaon case (Free Press Journal / Feb 2022)

In Jail for 5 Years, Activist Mahesh Raut Gets Regular Bail in Bhima Koregaon Case [read order]

In Jail for 5 Years, Activist Mahesh Raut Gets Regular Bail in Bhima Koregaon Case [read order]

In Jail for 5 Years, Activist Mahesh Raut Gets Bail in Elgar Parishad Case

21/09/2023

The Wire / by Sukanya Shantha

The 36-year-old tribal rights activist is one of the first five persons to have been arrested in the controversial case, on June 6, 2018.
Five years after 36-year-old tribal rights activist Mahesh Raut was arrested for his alleged role in the Elgar Parishad case, the Bombay high court on Thursday, September 21, granted him bail.
The National Investigating Agency (NIA), which is handling the investigation in the case, sought two weeks’ time to appeal in the Supreme Court. The HC, however, granted a week’s time.
Read more


Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut

21/09/2023

The Leaflet / by Sarah Thanawala

The operation of the Order granting bail to Mahesh Raut is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Thursday, the Bombay High Court granted regular bail to forest rights activist Mahesh Raut.
A division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh, however, has stayed the Order for one week.
Read more


Bombay High Court grants bail to Mahesh Raut; sixth accused to get bail [read order]

21/09/2023

Bar & Bench / by Neha Joshi

Raut is the sixth person to get bail in the Bhima Koregaon case after Sudha Bhardwaj, Varavara Rao, Anand Teltumbde, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Thursday granted bail to Mahesh Raut, one of the accused persons in the Bhima Koregaon riots case of 2018.
A division bench of Justices AS Gadkari and Sharmila Deshmukh passed the order.
The Court stayed its order for a week after the National Investigation Authority (NIA) sought time to file appeal against the same before the Supreme Court.
Read more

Read order


No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order]

21/09/2023

Live Law / by Sharmeen Hakim

Observing that the material against forest rights activist Mahesh Raut couldn’t lead to a prima-facie inference that he had indulged in a ‘terrorist act’ under Section 15 of the Unlawful Activities (Prevention) Act 1967, the Bombay High Court granted him bail in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
Read more

Bhima Koregaon Case: Bombay High Court Grants Bail To Mahesh Raut, Stays Bail For One Week At NIA’s Request

21/09/2023

Live Law / by Sharmeen Hakim

The Bombay High Court granted bail to Mahesh Raut an accused in the 2018 Bhima Koregaon – Elgar Parishad larger conspiracy case making him the sixth person to get bail in this case. However, the High Court stayed the order granting bail for one week at the request of the National Investigating Agency (NIA), which sought for a stay of two weeks.
Read more


Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC!

21/09/2023

Sabrangindia.in / by SabrangIndia

After 5 years of incarceration, court grants bail as Section 16, 17, 18 of UAPA not made out, order stayed for one week as NIA seeks time to file appeal with the Supreme Court.
Mahesh Raut, the youngest accused in the Bhima Koregaon Elgar Parishad Violence case, has been granted bail by the Bombay High Court. On September 21, 2023, a division bench of Justice AS Gadkari and Justice Sharmila Deshmukh passed the bail order.
Read more


Elgaar Parishad case: Mahesh Raut sixth to secure bail; 8 others still in jail

22/09/2023

The Indian Express / by Omkar Gokhale

The High Court had initially allowed a regular bail plea of Mahesh Raut but stayed its order for a week after the National Investigation Agency (NIA) sought a stay for 14 days so that it can approach the Supreme Court.
… Of the total 16 accused who were held, six of them (including Raut) have received bails from either the High Court or the Supreme Court. Among the accused who are still in custody are Gautam Navlakha, who is under house arrest.
Read more


Who is Mahesh Raut? Bombay HC grants him bail in Elgaar Parishad Case

23/09/2023

The Statesman / by Statesman Web

The Bombay High Court has recently granted bail to Mahesh Raut in connection with the Elgaar Parishad case, with the condition that the order will be stayed for a week upon the National Investigation Agency’s (NIA) request.
Raut, a dedicated land rights activist working in the Gadchiroli region of Maharashtra, had initially sought regular bail in 2022 after his bail plea was rejected by the special NIA court in November 2021. Let’s take a closer look at Mahesh Raut and his background.
Read more


Also read:
Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / by Neema Pathak Broome and Mahesh Raut / June 2017)

NIA asked to submit affidavit that cloned copies of all evidence have been supplied to the accused

NIA asked to submit affidavit that cloned copies of all evidence have been supplied to the accused

poster by @/bakeryprasad

NIA asked to submit affidavit that cloned copies of all evidence have been supplied to the accused

17/09/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency (NIA) court also directed the NIA to state in its affidavit that the prosecution would not be relying on any documents other than those for which hard disks have been given to the accused.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria directed the NIA to file an affidavit stating that it has provided cloned copies of seized electronic evidence to the accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
… The NIA is required to submit the affidavit on the next date of hearing, that is, October 5.
Read more


NIA told to affirm that it has provided cloned copies of evidence to accused persons

18/09/2023

Scroll.in / by Scroll Staff

A special court directed the agency to file an affidavit, stating that they would not use any electronic evidence except whose copies have been provided.
… the court directed the agency to file an affidavit by October 5 stating that they would not use any electronic evidence except that for which copies have been provided to the accused on hard disks.
Read more


Also Read:
What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle? (The Leaflet / Aug 2023)
Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)

The Bhima Koregaon Arrests: The Story So Far

The Bhima Koregaon Arrests: The Story So Far

poster by @/bakeryprasad

Supreme Court Observer / by Joyston D’Souza

Some of the accused activists have finally been granted bail. But charges have not been framed even five years after their arrests.
On 1 January 2018,  protests and violence spread across Maharashtra following an attack on a gathering of Dalit persons at Bhima Koregaon. At least one person died and three others were injured. An investigation which began with FIRs lodged against pro-Hindutva leaders then took a baffling turn, with a number of renowned activists being arrested for instigating violence through inflammatory speeches at the event, which is also called Elgar Parishad.
Read more


Also Read:
Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)