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Category: Persecution

BK-16 Prison Diaries: Ramesh Gaichor on the Elgar prisoners’ defiance of the neo-Peshwai prison system

BK-16 Prison Diaries: Ramesh Gaichor on the Elgar prisoners’ defiance of the neo-Peshwai prison system

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.

Credits: Drawing by Arun Ferreira / The Polis Project

The Polis Project / by Ramesh Gaichor

Jinhe naaz hai Hind par unko lao
Jinhe naaz hai Hind par woh kahaan hain?
(Bring those who are proud of this land
Where are they who are proud of this land?)

These lines of Sahir Ludhianvi, written shortly after the country gained independence, still strike a deep chord. But today, in what way will the neo-Peshwai government of this country receive these words, and what will it do to poets and song-writers like Sahir?
Perhaps it will put them behind towering impenetrable walls, erected over segregated acres of land, under the watchful eye of 24-hour security guards, armed with firearms, lathis, and belts.
Read more

Also read:
▪ BK-16 PRISON DIARIES: SAGAR GORKHE’S PARENTS ARE STRUGGLING IN HIS ABSENCE (THE POLIS PROJECT / JULY 2024)
▪ 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 To Consider Hearing Jyoti Jagtap & Mahesh Raut Matters Together

Supreme Court To Consider Hearing Jyoti Jagtap & Mahesh Raut Matters Together

Supreme Court to hear bail pleas of Jyoti Jagtap, Mahesh Raut together

22/08/2024

Bar & Bench / by Anadi Tewari

While Jagtap was arrested in 2020, Raut has been in jail since 2018.
The Supreme Court on Thursday said that it would hear the bail pleas of Jyoti Jagtap and Mahesh Raut, accused in the Bhima Koregaon case, together. (Jyoti Jagtap v. National Investigation Agency and anr)
Read more

Supreme Court To Consider Hearing Jyoti Jagtap & Mahesh Raut Matters Together

22/08/2024

Live Law / by Debby Jain

On being apprised that challenge to the bail granted to co-accused Mahesh Raut is pending before another bench, the Supreme Court bench dealing with the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap asked the Registry today to obtain orders for conjoint hearing of the two cases.
Read more

SC adjourns hearing on bail plea of Bhima Koregaon case accused Jyoti Jagtap

22/08/2024

Hindustan Times / by Abraham Thomas

The Supreme Court on Thursday adjourned hearing on the bail plea of Bhima Koregaon accused Jyoti Jagtap upon request by the National Investigation Agency (NIA) to have the matter heard with another pending bail plea pertaining to co-accused Mahesh Raut.
Read more

Also read:
▪ Supreme Court refuses to grant interim bail to jailed activist Jyoti Jagtap (The Hindu / Jul 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC! (SabrangIndia / Sep 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

Supreme Court to hear Surendra Gadling’s bail plea in the 2016 Gadchiroli Arson Case

Supreme Court to hear Surendra Gadling’s bail plea in the 2016 Gadchiroli Arson Case


by Live Law / @LiveLawIndia (Aug 21):
#SupremeCourt to soon hear Dalit rights’ activist and advocate Surendra Gadling’s bail plea in the 2016 Gadchiroli Arson Case. The Nagpur-based lawyer is also among the 16 accused in the Bhima Koregaon case. Bench: Justices MM Sundresh and Aravind Kumar Gadling filed a special leave petition challenging the Bombay High Court’s decision to reject his bail application in the Gadchiroli arson case, which involved around 80 vehicles transporting iron ore from Surjagarh mines in Maharashtra’s Gadchiroli district from allegedly being set on fire by Maoists in December 2016.

Also read:
▪ Was the trial judge who convicted G.N. Saibaba biased? We will never know, and that is part of the injustice (The Leaflet / March 2024)
▪ Gadchiroli arson case: Supreme Court issues notice in bail plea of Surendra Gadling (The Leaflet / Oct 2023)
▪ Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao, prompting senior lawyers to say this is ‘ever-greening of charges’ (The Leaflet / Jan 2019)

Sagar Gorkhe and Surendra Gadling seek jail reforms, action against ‘corrupt’ officer

Sagar Gorkhe and Surendra Gadling seek jail reforms, action against ‘corrupt’ officer

PUDR poster campaign. June 2024

Elgaar Parishad accused seeks jail reforms, action against ‘corrupt’ officer

15/08/2024

The Indian Express / by Express News Service

Gorkhe’s letter also called for better regulation of the prices for vegetables and chicken provided to prisoners, and requested that access to the canteen be increased from twice to four times a month.
Elgaar Parishad case accused Sagar Gorkhe wrote a letter to the DIG, Prisons requesting better access to jail canteen and action against a jail officer who was accused of corruption.
Read more

Exorbitant Prices of Food, Corrupt Officials Divert Ration to VIP Prisoners: Jailed Activists

14/08/2024

The Wire / by The Wire Staff

Earlier this month, Gadling sent his complaint letters to the prison authorities and the local Panvel police station, under whose jurisdiction Taloja Prison falls, naming senior jailor Sunil Patil as the person behind the rampant corruption.
In a detailed complaint to the police and the court, human rights defenders Surendra Gadling and Sagar Gorkhe, both arrested for their alleged role in the Elgar Parishad case, have exposed the ongoing corruption in the functioning of the canteen facility inside Taloja Central Prison on the outskirts of Mumbai.
Read more

Special food for the rich, infested curries for others: Lawyer on graft in Taloja canteen

08/08/2024

Hindustan Times / by Revu Suresh

Sumit Gadling, lawyer and son of Surendra Gadling, said that they are planning to move the Bombay high court for a larger investigation into the matter
Surendra Gadling, a human rights lawyer and activist arrested in connection with the Bhima Koregaon case, has complained to the state anti-corruption bureau regarding widespread graft in the functioning of the canteen at Taloja Central Jail in Navi Mumbai.
Read more

New complaint alleges Taloja prison underbelly: ‘Mutton meals for RS 8.000 per kg, 40% cuts, zero record’

06/08/2024

Newslaundry / by Prateek Goyal

Surendra Gadling’s complaint comes a month after Bhima Koregaon co-accused Sagar Gorkhe raised similar concerns in a letter to authorities.
Fried chicken for Rs 2,000, Hyderabadi-Muradabadi biryani for Rs 1,500, Schezwan rice for Rs 500, prawns biryani for Rs 2,000, mutton masala for Rs 8,000, and mutton curry for Rs 7,000.
This may sound like an egregiously overpriced menu of a five-star hotel, but these are prices per kilogram offered allegedly through VIP canteen services for wealthy prisoners lodged at Maharashtra’s Taloja central prison.
Read more

Also read:
▪ ‘Jailor instigating influential criminals against us for speaking up on graft’: Bhima Koregaon accused (Newslaundry / Jul 2024)
▪ Arrested BK16 Poet Alleges Intimidation After Protesting Prison Corruption (Indiejournal.in / Jul 2024)
▪ 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

What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

Drawing by Arun Ferreira

What Freedom Means For India’s Political Prisoners

15/08/2024

Outlook / by Apsksha Priyadarshini

For political prisoners, freedom becomes a longing for small mercies that make us human
Maryam was six—the youngest of three siblings—when her father, Khalid Saifi, was arrested following the sectarian violence in northeast Delhi in February 2020. The violence took place against the backdrop of months of protests led by Muslim women at several sites across the national capital and in the country, against the Citizenship (Amendment) Act (CAA) and the proposed updates to the National Register of Citizens (NRC) and the National Population Register (NPR). Maryam’s mother Nargis recalls the day as the beginning of “a dark, endless night” that has been written into their fates.
Read more

The Freedoms Our Martyrs Won Are Under Seige

15/08/2024

Outlook / by Anand Teltumbde

This Independence Day, we are in an age in which we need assurances from our leader that the Constitution will survive
Seventy-seven years ago, our martyrs won freedom from British colonial rule. Three years later, we gave ourselves a Constitution that guaranteed a plethora of freedoms, inspired not by the Universal Declaration of Human Rights (UDHR) but the indigenous ethos of our own freedom movement. Today, having traversed into the Amrit Kaal, these guarantees appear to have expired, needing a new guarantee from our supreme ruler that the Constitution itself will survive. If the likes of Bhagat Singh were to see the state of India’s freedom today, they would certainly ask themselves what was wrong with the British rule that they went to the gallows fighting them.
Read more

India Cries for Freedom!

13/08/2024

Countercurrents / by Cedric Prakash

India cries for Freedom: Thanks to the relentless struggles and sacrifices of our freedom fighters, on 15 August 1947, India made her tryst with destiny! After years of colonial rule, she finally became an independent nation. Ever since (during these past 77 years), India has made rapid strides in every sphere, and this fact must be applauded; however, one must also humbly admit that, India still has an unimaginable long way to go in the internalisation and actualisation of her freedom!
…
India cries for Freedom for Human rights defenders (HRDs), right to information seekers and others who take a stand for truth, justice and human rights. They are at the receiving end of a vicious and vindictive system. The are intimidated, incarcerated and even killed! These include those in the Bhima Koregaon conspiracy case; Jesuit Father Stan Swamy is a case in point.
Read more

Subcategorisation verdict: India needs a reservation model solving the problem of caste, not perpetuating it

Subcategorisation verdict: India needs a reservation model solving the problem of caste, not perpetuating it

The Leaflet / by Anand Teltumbde

For reservation benefits to accrue equitably to all people, families that availed themselves of reservation and its benefits should experience a proportionate suppression of their chances the next time they attempt to get reservation, writes Anand Teltumbde.
The recent verdict of the Constitution Bench of the Supreme Court upholding the legality of the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of reservations has already created an avalanche of reactions, both positive and negative, most groping like the proverbial blind man describing an elephant.
Read more

Also read:
▪ BK-16 Prison Diaries: Anand Teltumbde reflects on his arrest and incarceration (The Polis Project / June 2024)

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)