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Category: Persecution

Supreme Court adjourns bail plea of activist Jyoti Jagtap to August 22

Supreme Court adjourns bail plea of activist Jyoti Jagtap to August 22


by Bar & Bench – Live Threads / @lawbarandbench (Aug 7):
Supreme Court adjourns to August 22 bail plea of activist Jyoti Jagtap, who is in jail in connection with the Elgar Parishad-Maoist links case

by Live Law / @LiveLawIndia (Aug 7):
#SupremeCourt to soon hear bail plea of activist and #bhimakoregaon accused #JyotiJagtap.
On July 15, a bench of Justices MM Sundresh and Aravind Kumar stated that they were not inclined to grant her interim bail. Senior Advocate Mihir Desai (appearing for Jagtap) told the bench that the case erroneously listed for interim bail as she is challenging the order of the Bombay HC refusing to grant her regular bail.

Also read:
▪ Supreme Court refuses to grant interim bail to jailed activist Jyoti Jagtap (The Hindu / Jul 2024)
▪ Jyoti Jagtap’s bail plea adjourned again, to be heard with Shoma Sen’s (The Leaflet / Jan 2024)
▪ SC says principles of Arun and Vernon bail judgment to apply to Jyoti Jagtap (The Leaflet / Nov 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

How the State uses ‘national security’ to spellbind the process of justice

How the State uses ‘national security’ to spellbind the process of justice

The Leaflet / by Gursimran Kaur Bakshi

As the J&K High Court recently reiterated, allegations of ‘terrorism’ have become a copy-paste template that the State uses to muffle dissent, but why do courts freeze the process of criminal justice on hearing ‘national security’?
…
The jurisprudence has resulted in widening the coercive powers of the police and investigation agencies. Since the court only forms its assessment on broad probabilities, a pattern has emerged from the evidence submitted by the prosecution in a wide range of UAPA cases where there is a similarity in terms of enormous allegations running into thousands of pages, generalised testimonies of witnesses; most of which are protected witnesses, lack of incriminating evidence and heavy reliance on electronic evidence and literature.
There are similarities in three specific instances: those arrested in the backdrop of the 2018 Bhima-Koregaon violence, deoperationalisation of Article 370, and 2020 Northeast Delhi riots.
Read more

Also read:
▪ Article 21 ‘overturned’ by new criminal laws: Lawyers, activists remember Stan Swamy (Counterview / Jul 2024)
▪ Authorities must immediately repeal repressive new criminal laws (Amnesty International / Jul 2024)
▪ A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism (The Wire 7 Jul 2024)
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)

HC Rejects Default Bail To Surendra Gadling, Shoma Sen, Mahesh Raut, Sudhir Dhawade & Rona Wilson

HC Rejects Default Bail To Surendra Gadling, Shoma Sen, Mahesh Raut, Sudhir Dhawade & Rona Wilson

Bombay HC rejects default bail of five accused in Bhima Koregaon case

26/07/2024

Scroll.in / by Scroll Staff

The petitioners had moved the High court challenging special court orders in 2022 that denied them default bail.
The Bombay High Court on Friday rejected the default bail petitions of five persons accused in the Bhima Koregaon case, Bar and Bench reported.
A division bench of Justices AS Gadkari and Shyam C Chandak issued the order on petitions filed by lawyer Surendra Gadling, activist and researcher Rona Wilson, poet and political commentator Sudhir Dhawale, forest rights activist Mahesh Raut, and former Nagpur University professor Shoma Sen.
Read more

Bombay High Court rejects default bail of five accused

26/07/2024

Bar & Bench / by Satyendra Wankhade

A Division Bench of Justices AS Gadkari and Shyam C Chandak passed the order on pleas filed by the five accused challenging 2022 special court orders that denied them default bail.
The Bombay High Court on Friday denied default bail to Surendra Gadling, Mahesh Raut, Rona Wilson, Sudhir Dhawale and Shoma Sen in connection with the Bhima Koregaon violence case.
Read more

Bombay HC dismisses default bail pleas of 5 accused in Elgaar Parishad case

26/07/2024

The Indian Express / by Express News Service

The case dates back to the Elgaar Parishad event held in Shaniwar Wada in Pune on December 31, 2017, following which violent clashes broke out the next day between Maratha and Dalit groups near Bhima Koregaon in Maharashtra.
The Bombay High Court on Friday dismissed default bail pleas by five Elgaar Parishad case accused Surendra Gadling, Rona Wilson, Sudhir Dhawale, Mahesh Raut and Shoma Sen who were arrested by the Pune police in June 2018. The Supreme Court had granted regular bail to Sen in April.
Read more

Bombay High Court Rejects Default Bail To Surendra Gadling, Shoma Sen, Mahesh Raut, Sudhir Dhawade & Rona Wilson

26/07/2024

Live Law / by Narsi Benwal

The Bombay High Court today rejected the default bail to Dalit rights’ activist and advocate Surendra Gadling and co-accused Mahesh Raut, in the infamous Elgar Parishad case of 2018.
A division bench of Justices Ajay Gadkari and Shyam Chandak pronounced the order in their chamber. Bail was also denied to Nagpur University professor Shoma Sen, Sudhir Dhawade and researcher Rona Wilson.
Read more

Also Read:
▪ Explained: The Shoma Sen bail judgment (The Leaflet / Apr 2024)
▪ 4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
▪ Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused (The Leaflet / Dec 2021)

Monsoons set to add the torment of high humidity to the woes of intense heat of prisoners

Monsoons set to add the torment of high humidity to the woes of intense heat of prisoners

Drawing by Arun Ferreira

The Leaflet / by Gursimran Kaur Bakshi

The much-discussed heatwaves that are sweeping across the subcontinent have a dark spot— prisons. As monsoons bring high humidity to the hot conditions inside Indian jails, where is the sympathy that will allow prisoners to breathe a sigh of relief?
… The medical health of prisoners is the responsibility of State as per Rule 24 of the Mandela Rules and it must be provided with the same standard as provided to anyone in the society and it should be free of cost to prisoners. However, political prisoners in India are treated with even greater hostility than other prisoners within the abysmal larger jail conditions.
In many of the instances in the Bhima Koregaon case alone, the accused undertrial prisoners have been denied adequate medical facilities, forcing the court to intervene. 
Read more

Also read:
▪ Some personal reflections on prison medical care (The Leaflet | Vernon Gonsalves | Apr 2024)
▪ Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
▪ Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)

McCarthyism in INDIA?: The Return of The Urban Naxal Bogey!

McCarthyism in INDIA?: The Return of The Urban Naxal Bogey!

Credits: MR online

McCarthyism in INDIA?: The Return of The Urban Naxal Bogey!

17/07/2024

The Crossbill / by Subbhash Gatade

Does the ruling dispensation feels that since Naxals are seen as violent gangs who claim to work for people this bogey of Urban Naxal facilitates it to target anyone who refuses to play ball.

1. ‘India Will Awake to Police Raj’!
““I am reminded of Pandit Nehru ‘s speech “At the stroke of midnight India will awake to freedom.” At the stroke of midnight night 1st July 2024 India will awake to police raj,”
There are rare occasions when a simple tweet underlines the unfolding reality in stark terms.

… Any concerned citizen can look dispassionately at the Bhima Koregaon Case (12) or the way the accused in the NE Delhi riots have been languishing in jail – and are not even getting bail – and infer where things have reached.
Read more

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.
Read more

Also read:
▪ What is Maharashtra’s new Bill to curb ‘Naxalism in urban areas’? (The Indian Express / Jul 2024)
▪ Footwear allegedly hurled at Modi’s convoy raises serious questions (The Caravan / June 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)

BK-16 PRISON DIARIES: SAGAR GORKHE’S PARENTS ARE STRUGGLING IN HIS ABSENCE

BK-16 PRISON DIARIES: SAGAR GORKHE’S PARENTS ARE STRUGGLING IN HIS ABSENCE

To mark six years of the arbitrary arrests and imprisonment of political dissidents in the Bhima Koregaon case, The Polis Project is publishing a series of writings by the BK-16, and their families, friends and partners. By describing various aspects of the past six years, the series offers a glimpse into the BK-16’s lives inside prison, as well as the struggles of their loved ones outside. Each piece in the series is complemented by Arun Ferreira’s striking and evocative artwork.

THE POLIS PROJECT / by TATYARAM GORKHE AND SUREKHA GORKHE

We were at our village for Sagar’s grandmother’s funeral rites on the day of his arrest, in September 2020. Sagar received a call and had to leave for Mumbai immediately. He did not tell us what was going on. Later, we called his friends, who told us that he had been arrested. Like others, Sagar was offered the opportunity to become a state witness and escape arrest. But he didn’t take up the offer, insisting that he had not done anything wrong.
Read more

Also read:
▪ BK-16 PRISON DIARIES: RAMESH GAICHOR’S PARENTS JUST WANT TO MEET HIM AGAIN BEFORE THEY DIE (THE POLIS PROJECT / JULY 2024)
▪ BK-16 PRISON DIARIES: MINAL GADLING ON THE MANY CRUELTIES, IRONIES AND INJUSTICES OF SURENDRA’S IMPRISONMENT (THE POLIS PROJECT / JULY 2024)
▪ BK-16 PRISON DIARIES: RUPALI JADHAV TRAVELS TEN HOURS FOR FLEETING EXCHANGES WITH JYOTI JAGTAP (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: JENNY ROWENA ON THE FEAR OF PRISONS AND THE BRAHMINICAL SYSTEM BEHIND IT (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: ANAND TELTUMBDE REFLECTS ON HIS ARREST AND INCARCERATION (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: STORIES OF LOVE, MURDER AND CHILD MARRIAGE FROM SHOMA SEN’S YEARS IN PRISONS (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: ARUN FERREIRA ON THE FARCE AND TRAGEDY OF THE PANDEMIC IN PRISON (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: VERNON GONSALVES ON THE STRUGGLE TO READ AND WRITE BEHIND BARS (THE POLIS PROJECT / JUNE 2024)
▪ INTRODUCING THE BK-16 PRISON DIARIES SERIES (THE POLIS PROJECT / JUNE 2024)

Supreme Court Adjourns Jyoti Jagtap’s Plea To August 7

Supreme Court Adjourns Jyoti Jagtap’s Plea To August 7

Jyoti Jagtap

Supreme Court Adjourns Jyoti Jagtap’s Plea To August 7

15/07/2024

Live Law / by Debby Jain

While adjourning to August 7 a plea filed by activist and Bhima Koregaon case accused Jyoti Jagtap challenging denial of regular bail by Bombay High Court, the Supreme Court today expressed that it was not inclined to grant interim bail to her.
The matter was before a bench of Justices MM Sundresh and Aravind Kumar, which was informed by Senior Advocate Mihir Desai (appearing for Jagtap) that the case was erroneously listed for interim bail.
Read more

Supreme Court refuses to grant interim bail to jailed activist Jyoti Jagtap

15/07/2024

The Hindu / by pti

A Bench comprising justices M.M. Sundresh and Aravind Kumar also adjourned the hearing on the main bail plea of the activist. “We are not inclined to give interim bail”, Justice Subdresh said.
The Supreme Court on July 15 refused to grant interim bail to activist Jyoti Jagtap, who is in jail in connection with the Elgar Parishad-Maoist links case.
A Bench comprising justices M.M. Sundresh and Aravind Kumar also adjourned the hearing on the main bail plea of the activist.
Read more

Also read:
▪ Supreme Court Adjourns Bail Plea Of Jyoti Jagtap To July (Live Law / May 2024)
▪ What is Kabir Kala Manch, the cultural group accused of being a Maoist front? (The Indian Express / Jan 2024)
▪ SC says principles of Arun and Vernon bail judgment to apply to Jyoti Jagtap (The Leaflet / Nov 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

BK-16 PRISON DIARIES: RAMESH GAICHOR’S PARENTS JUST WANT TO MEET HIM AGAIN BEFORE THEY DIE

BK-16 PRISON DIARIES: RAMESH GAICHOR’S PARENTS JUST WANT TO MEET HIM AGAIN BEFORE THEY DIE

To mark six years of the arbitrary arrests and imprisonment of political dissidents in the Bhima Koregaon case, The Polis Project is publishing a series of writings by the BK-16, and their families, friends and partners. By describing various aspects of the past six years, the series offers a glimpse into the BK-16’s lives inside prison, as well as the struggles of their loved ones outside. Each piece in the series is complemented by Arun Ferreira’s striking and evocative artwork.

THE POLIS PROJECT / by MURALIDHAR SITARAM GAICHOR AND SUMAN GAICHOR

Since childhood, Ramesh liked helping people in need. He would play with the kids in the neighbourhood. He taught at a college and worked as a clerk at a local hospital. During his graduation, he helped his friends from Nowrosjee Wadia College, Pune, to win a trophy in a one-act play competition. Later, the college gave him free admission to masters without charging any fees.
Read more

Also read:
▪ BK-16 PRISON DIARIES: MINAL GADLING ON THE MANY CRUELTIES, IRONIES AND INJUSTICES OF SURENDRA’S IMPRISONMENT (THE POLIS PROJECT / JUlY 2024)
▪ BK-16 PRISON DIARIES: RUPALI JADHAV TRAVELS TEN HOURS FOR FLEETING EXCHANGES WITH JYOTI JAGTAP (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: JENNY ROWENA ON THE FEAR OF PRISONS AND THE BRAHMINICAL SYSTEM BEHIND IT (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: ANAND TELTUMBDE REFLECTS ON HIS ARREST AND INCARCERATION (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: STORIES OF LOVE, MURDER AND CHILD MARRIAGE FROM SHOMA SEN’S YEARS IN PRISONS (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: ARUN FERREIRA ON THE FARCE AND TRAGEDY OF THE PANDEMIC IN PRISON (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: VERNON GONSALVES ON THE STRUGGLE TO READ AND WRITE BEHIND BARS (THE POLIS PROJECT / JUNE 2024)
▪ INTRODUCING THE BK-16 PRISON DIARIES SERIES (THE POLIS PROJECT / JUNE 2024)

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.
Read more

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.
Read more

‘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.
Read more

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)

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)