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Category: Persecution

SC Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

SC Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

Jyoti Jagtap

Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap

11/07/2023

The Leaflet / by Sarah Thanawala

The division Bench of the Supreme Court directed the National Investigation Agency (NIA) and Maharashtra government to file counter affidavits within a period of three weeks.
On Tuesday, the Supreme Court allowed the respondents to file counter affidavits within a period of three weeks in the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
Read more


Supreme Court Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week

11/07/2023

Live Law / by Awstika Das

The Supreme Court on Tuesday adjourned the hearing in the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap, saying that the judgments on the bail applications of co-accused Vernon Gonsalves and Arun Ferreira are expected to be delivered next week.
Read more


Also read:
● SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail (The Print / May 2023)
● Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira (The Leaflet / March 2023)
Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)

Prisoners to get hot water, bedding, phone call facilities from state govt

Prisoners to get hot water, bedding, phone call facilities from state govt

Drawing by Arun Ferreira

Hindustan Times / by Vinay Dalvi

Fr Swamy, who passed away two months later at a private hospital, was provided with a mattress, bedsheet, pillow, walker, walking stick and commode only after he moved the Bombay high court for temporary bail on medical grounds.
In May 2021, 84-year-old Jesuit priest and tribal rights activist Father Stan Swamy, who had been sent to jail by the government in the Elgar Parishad case, found himself in dire straits. A Parkinsons’ sufferer, Fr Swamy was unable to drink water from a glass and had requested a straw or sipper, which was denied to him. Eventually he was compelled to approach the special NIA court, but received his straw and sipper only a month and a half after he had filed his application.
Read more


Also watch/read:
Stop Denying Political Prisoners the Right to Healthcare in Jails (PUDR / Sep 2022)
Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

Video: Remembering Father Stan and demand justice for the BK-16!

Video: Remembering Father Stan and demand justice for the BK-16!

Remembering Father Stan and demand justice for the BK-16!

05/07/2023

By People’s Union for Civil Liberties (PUCL) / fb Videos

Announcement
Join us to remember Father Stan Swamy, and demand justice for his institutional murder.
We will have family members and friends of the accused in the Bhima Koregaon case, speak about the experience of the prison conditions and this unjust prolonged arrest.
We will also be joined by political leaders, international human rights organisations and lawyers, to help take the campaign forward to defend democracy!
Repeal UAPA!
Release all political prisoners!

en / hindi | 2:49:57 | 2023
Watch recording


Let’s Not Forget Father Stan Swamy!

08/07/2023

Rediff.com / by Jyoti Punwani

The tributes to Father Stan by his associates and his co-accused (which were read out) provided a clue to why his death continues to touch so many.
“We don’t want this to be forgotten or forgiven.” — senior advocate Mihir Desai.
“Do not forget, do not forgive.” This theme ran through the Zoom meeting organised by the National Campaign to Defend Democracy, a coalition of human rights groups, on the second anniversary of Father Stan Swamy’s death.
Read more


Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy

05/07/2023

People’s Union for Civil Liberties fb Videos / by Ashirvad and PUCL Karnataka

Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy
Fr. Frazer, Dr. V Suresh and Maitreyi

en | 18:19min | 2023
Watch recording Part 1

en | 1:07:37 | 2023
Watch recording Part 2

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

poster by @/bakeryprasad

In a Letter From Jail, Stan Swamy’s Co-Accused Ask President Murmu to Stand Up for What Is Right

05/07/2023

The Wire / by The Wire Staff

Today is Father Stan Swamy’s second death anniversary.

Two years ago on this day, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy breathed his last while in custody. His death exposed the state’s negligence and inability to protect prisoners. Swamy, a Parkinson’s patient, spent close to a year in jail, deprived of the most basic facilities – one of which was a sipper to drink water from.

On his second death anniversary, 11 of his co-accused (Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Hany Babu, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap) – all human rights activists and academics – write a letter to President of India Draupadi Murmu, who belongs to the tribal community that Swamy worked very closely with. Murmu, who recently spoke passionately about the conditions of Indian prisoners, was the governor of Jharkhand when Swamy’s organisation, Bagaicha, was raided and eventually he was arrested by the National Investigation Agency.
Along with the letter, the still-arrested human rights defenders also announced their one-day symbolic hunger strike in Mumbai’s Taloja and Byculla jails, where they are presently lodged.
The full text of their letter to the president is below.
Read more


Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive

05/07/2023

Vernon Gonsalves

Scroll.in / by Vernon Gonsalves

A fellow prisoner’s recollections of the Jesuit priest, who died on July 5, 2021.

“…I am ready to pay the price, whatever be it. But we will sing in chorus. A caged bird can still sing.”
– Father Stan Swamy

When Stan Swamy, in his last message before landing in Navi Mumbai’s Taloja Central Prison in October 2020, declared that a “caged bird can still sing”, he was not talking about the tunes prisoners sing in jail. He had then not been imprisoned before that and was probably not acquainted with prison-singing in its various forms.
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On Father Stan Swamy’s second death anniversary, two letters, a painting and the triumph of memory against forgetting

05/07/2023

The Leaflet / by Sarah Thanawala

Father Stan Swamy’s death was an international shock the ripples of which can still be felt, and a blot on the record of a State that treats criminal justice as its plaything. His legacy is treasured by his co-accused in the Bhima-Koregaon case inside the prison, and everyone who stands for justice and democracy outside the prison.
… The 11 incarcerated accused persons in the Elgar Parishad case are set to go on a day-long hunger strike today. They pen an imaginary letter from Swamy to the President of India Droupadi Murmu, terming it “Prayers that never came to be”.
Read more


“Hopefully waiting” writes Shoma Sen from prison

07/07/2023

InSAF India / by Shoma Sen

This handwritten note by Shoma Sen marks five years in prison for the activist and academic.
As we enter the sixth year of our incarceration the predominant feeling over the last five years is that of waiting. From waiting for default bail in the seventh month of our imprisonment, most of us are still waiting. In jail, we sit there waiting for court dates, waiting for mulakaat, waiting for the newspaper, waiting for bail and for the jail God called Memo. In jail, our sense of time itself gets warped. When a lawyer tells a prisoner that she will get bail in one or two days, it may actually mean one or two years. 24 hours of clock time could mean 24 months in judicial time.
Read more

Let us remember Father Stan Swamy and take forward his legacy! Justice for the BK16!

Let us remember Father Stan Swamy and take forward his legacy! Justice for the BK16!

by PUCL India / @PUCLindia (July 4, 2023):
The National Campaign to Defend Democracy, a coalition of over 150 organisations, is hosting a discussion tomorrow at 9 PM to remember Father Stan Swamy & talk about the stories of the accused in the Bhima Koregaon case.
Let’s demand immediate bail and release of all the BK16!


by PUCL India / @PUCLindia (July 4, 2023)
PUCL Karnataka is hosting an event tomorrow at @AshirvadSocial at 5:45 PM!
Join @VSuresh_Rights, Fr. Frazer Mascarenhas and Maitreyi Krishnan (@AilajHq) for a discussion on the work & life of Father Stan Swamy, the abuse of draconian laws like UAPA & the rights of prisoners.


by Jesuit conference of South Asia / @JCSADelhi
On the occasion of the 2nd Death Anniversary of Stan Swamy, you are invited to join a panel discussion on civic literacy and political participation.
#StanSwamy

by Jesuit conference of South Asia / @JCSADelhi (Jul 4, 2023):
We pay tribute to our martyr, Fr. Stan Swamy, on the occasion of the second anniversary of his martyrdom.
#StanSwamy #ReleaseAllPoliticalPrisoners


Stan Swamy Commemorative Convention

by Justice for Father Stan Swamy / @FreeFrStanSwamy (June 23, 2023):
Stan Swamy Commemorative Convention
Children’s Theatre Park, Ernakulam
5th July,
3 p.m. IST


Human rights activists to hold Sankalp Sabhas on July 5

04/07/2023

The Telegraph / by Animesh Bisoee

Activists in Jharkhand have decided to take a pledge to continue their fight for jal, jungle and jameen, along with a demand for punishment to those responsible for ‘murder’ of Stan Swamy.
Human rights activists in Jharkhand have decided to take a pledge to continue their fight for jal (water), jungle (forest) and jameen (land), along with a demand for punishment to those responsible for the “murder” of Stan Swamy, on July 5 which marks the third death anniversary of the Jesuit priest.
Read more


The Challenge to Live Fr. Stan Swamy’s Legacy Today!

04/07/2023

Countercurrents.org / by Cedric Prakash

… Given the grim realities which throttle the nation today, one person whose physical presence is greatly missed today is that of Jesuit Father Stan Swamy. Two years ago on 5 July 2021, he said ‘good-bye’ to us, having completed his pilgrimage here on earth. He was arrested on 8 October 2020 on fabricated charges, incarcerated in the Taloja jail where he suffered very much. His terrible and untimely death is regarded by many as ‘institutional murder’. He has still not been declared ‘innocent’ by the courts. However, Stan (as he was called by all very lovingly) the man, mission and message -lives on in the hearts and lives of thousands everywhere. He has left us with a rich legacy and challenges us to live that legacy today.
Read more


Also read/watch:

Video: Testimony of Stan Swamy, two days before his arrest on 8 October 2020.


en | 7:48 min | Oct 6, 2020
Watch video

I am not a Silent Spectator – Why Truth has become so bitter, Dissent so intolarable, Justice so out of reach

An Autobiographical Fragment, Memory and Reflection


Indian Social Institute, Bangalore | by Stan Swamy | August 2021
Edition: Aug 2021
Publisher: Indian Social Institute, Bangalore
Language: English
Paperback: 149 pages
Access a free PDF copy of the book here

Another hearing and the question of furnishing copies of evidence to the accused remains unanswered

Another hearing and the question of furnishing copies of evidence to the accused remains unanswered

The Leaflet / by Sarah Thanawala

In a plea for providing the accused copies of police reports and other documents under Section 207 of the Code of Criminal Procedure, a special NIA court has directed the NIA to file an affidavit in respect of the electronic evidence that was seized from the accused persons and ensure compliance by providing them with copies.
On Saturday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria resumed its hearing of applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
The plea is for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC).
Read more


Also read:
Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 13, 2022)
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)

Bombay HC directs NIA to file reply on Gautam Navlakha’s fresh bail application, next hearing on July 25

Bombay HC directs NIA to file reply on Gautam Navlakha’s fresh bail application, next hearing on July 25

The Leaflet / by Sarah Thanawala

On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige heard a fresh bail application filed by journalist and human rights activist Gautam Navlakha.
The Bench also directed the National Investigation Agency (NIA) to file its reply. The NIA counsel told the court that the reply would be filed by this evening or tomorrow.
Read more

NIA opposes Mahesh Raut’s bail plea in Bombay High Court

NIA opposes Mahesh Raut’s bail plea in Bombay High Court

NIA opposes Mahesh Raut’s bail plea in Bombay HC

27/06/2023

The Indian Express / by Express News Service

A division bench of Justices Ajey S Gadkari and Shivkumar G Dige posted the hearing on Mahesh Raut’s bail application to July 12.
The National Investigation Agency (NIA) opposed a regular bail plea by  Elgaar Parishad case accused Mahesh Raut in the Bombay High Court saying there is sufficient material evidence against Raut to show his involvement in the crime for offences under the Unlawful Activities (Prevention) Act and his bail plea was rightly rejected by the special NIA court earlier.
Read more


Bail not justiciable for Bhima Koregaon accused Mahesh Raut, his acts were against interest of society: NIA to Bombay High Court

27/06/2023

Bar & Bench / by Neha Joshi

NIA stated in its affidavit that it found evidence to show that the proscribed Communist Party of India (Maoist) had given Raut ₹5 lakh.
It is not justifiable for an accused under the Unlawful Activities Prevention Act (UAPA) to seek bail on constitutional grounds when his acts are against the interests of the State and society, the National Investigation Agency (NIA) has told the Bombay High Court.
Through an affidavit filed this week, the agency opposed the regular bail plea filed by Mahesh Raut, an accused in the Bhima Koregaon case of 2018. Raut sought bail invoking Articles 14 and 21 of the Constitution of India.
… A Bench of Justices AS Gadkari and SG Dige posted Raut’s bail for hearing on July 12.
Read more


NIA Opposes Bail Plea of Bhima Koregaon Case Accused Mahesh Raut, Citing Anti-State Acts

27/06/2023

Free Press Journal / by Urvi Mahajani

The NIA argues that seeking relief on constitutional grounds is unfounded when the accused’s actions themselves are against the welfare of the state and society.
The National Investigation Agency (NIA) has vehemently opposed the bail plea of Mahesh Raut, an accused in the Elgar Parishad – Bhima Koregaon case, arguing that it is unjustifiable for someone charged under the Unlawful Activities (Prevention) Act (UAPA) to seek bail on constitutional grounds when their actions are contrary to the interests of the State and society.
Read more


Also read:
● 4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 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 / June 2017)

Court asks NIA to provide Surendra Gadling copies of the police report and other documents

Court asks NIA to provide Surendra Gadling copies of the police report and other documents

The Leaflet / by Sarah Thanawala

Surendra Gadling, along with 15 other activists and academics, has been charged under the Unlawful Activities (Prevention) Act. Gadling has been in custody since June 2018 and is lodged at Taloja Central Prison in Mumbai.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria heard an application filed by human rights lawyer and Dalit rights activist Surendra Gadling regarding a plea for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC).
Read more


Also read/watch:
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)

● Video: The Second Song of Surendra Galding (Adv-Surendra-Gadling-Defence-Committee / lyrics by Sagar Gorkhe)

hindi | 8:43min | June 6, 2023
Five years back this day they took him away hoping to break his spirit.
1825 days so far behind bars and see who won?
During the short release he sang his heart.
Caged yet fearless.
U can jail him not his charisma.
This is the second of the songs.
Watch video / Listen to the song

Video: The Prison Song of Surendra Gadling (The Wire / lyrics by Ramesh Gaychor)

hindi | 11min | 2021
51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video / Listen to the song

Bombay High Court seeks NIA response on Gautam Navlakha plea for regular bail

Bombay High Court seeks NIA response on Gautam Navlakha plea for regular bail

Bombay High Court seeks NIA response on Gautam Navlakha plea for regular bail

12/06/2023

Bar & Bench / by Neha Joshi

The special NIA court had rejected Navlakha’s plea for the second time, after re-hearing the same as directed by the High Court.
The Bombay High Court Monday issued notice to the National Investigation Agency (NIA) on a bail plea filed by activist Gautam Navlakha in the Bhima Koregaon violence case of 2018.
Read more


Gautam Navlakha Again Moves Bombay High Court Seeking Bail In Bhima Koregaon Case, Notice Issued To NIA

12/06/2023

Live Law / by Sharmeen Hakim

The Bombay High Court on Monday issued notice to the NIA on a fresh bail application filed by senior journalist Gautam Navlakha arrested in the Bhima Koregaon – Elgar Parishad case and is accused of having CPI(Maoist) links.
The division bench headed by Justice AS Gadkari will now hear the matter on June 28, 2023.
Read more


Bombay High Court Issues Notice In Bhima Koregaon Accused Gautam Navlakha’s Bail Plea, NIA To File Reply In 2 Weeks

12/06/2023

Lawbeat / by Raj Bhojani

Navlakha has filed the appeal against the order of the special court which rejected his bail plea twice.
The Bombay High Court on Monday issued notice to the National Investigation Agency and sought its reply in the bail appeal filed by the Bhima Koregaon accused Gautam Navlakha.
The division bench of Justices AS Gadkari and SG Dige asked the counsel for both parties to point out the order in which all the correct facts are recorded because there were multiple orders passed in the case.
Read more


Bombay HC issues notice to NIA in Gautam Navlakha’s fresh appeal against rejection of bail plea

12/06/2023

The Indian Express / by Express News Service

The Bombay High Court on Monday issued notice to the National Investigation Agency (NIA) seeking its response to Elgaar Parishad case accused Gautam Navlakha’s fresh appeal challenging a special NIA court’s order that had rejected his bail application in April this year.
Read more


Also read:
Gautam Navlakha moves HC against NIA court’s rejection of bail plea (The Indian Express / April 2023)
Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing (Sabrang / March 2023)