Persecution – Page 3 – free them all

India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

24/01/2023 Asha

The UAPA Law – Curbing Terrorism or Stifling Dissent?

24/01/2023

By Hindus for Human Rights

(DESH-VIDESH CONVERSATION SERIES – SPEAKING ACROSS THE DIVIDE)
Digital Evidence Planting: New Age Threat to Rights Defenders
Presented by Safa Ahmed of the Indian American Muslim Council on behalf of a broad coalition working to secure the release of all the Bhima Koregaon prisoners

WHY ARE MOST OF THE BHIMA KOREGAON DEFENDANTS STILL IN JAIL DESPITE FORENSIC FINDINGS THAT INCRIMINATING EVIDENCE HAD BEEN PLANTED ON SOME OF THEIR COMPUTERS?

Good evening. Digital forensics is a dry, technical field, but the consequences of digital attacks play out like a vivid, terrifying, and painful movie. With the help of technical experts, journalists, and activists, I have prepared for you this narrative of what was revealed in the forensic analysis of the hard drives of three of the BK-16 – Rona Wilson, Surendra Gadling, and Father Stan Swamy.
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Invite: India’s UAPA law: Curbing Terrorism or Stifling Democratic Dissent?

20/01/2023

By Hindus for Human Rights / @Hindus4HR

The Unlawful Activities Prevention Act (UAPA) and India’s Prisoners of Conscience (POCs): Targeting terrorism or stifling democratic dissent?
Saturday, January 21, 2023
6 pm PST,
7:30 am IST
The conversation will cover the history and the draconian provisions of the UAPA; how it compares to anti-terror laws in other democracies; the views of the State Department and USCIRF; what are some of the typical charges being made being under UAPA. Do they look unlawful to you? Some statistics: How many people arrested since the amended UAPA; Average time spent w/o trial or bail hearing; How many have gone to trial, etc.

Moderator: Govind Acharya, Amnesty International
Panelists:
Banojyotsna Lahiri, Activist, on Umar Khalid’s story and struggle
Yug Mohit Chaudhry, Author and Criminal Lawyer, on legal strategies on behalf of POCs and hurdles faced
Mihir Desai, Human Rights Lawyer, on the story and struggle of Bhima Koregaon 16 and what’s happening to lesser known detainees
Followed by a Q&A moderated by Govind Acharya
Register here

Provide access to computer, court tells jail authorities on plea made by Surendra Gadling and Arun Ferreira

23/01/2023 Asha

The Indian Express / by Express News Service

A special court in Mumbai has directed Taloja Central Prison authorities to allow two of the accused in the Elgaar Parishad case, lawyers Surendra Gadling and Arun Ferreira who represent themselves, to use computers twice a week and provide the necessary software to view documents submitted by NIA.
Read more

Also read:
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)

Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution

23/01/2023 Asha

Article14 / by Abhinav Sekhri

Independent forensic experts have raised concerns of evidence being planted in the ongoing Bhima-Koregaon prosecution (ongoing for 45 months, with not even charges framed yet). But India’s tightly regulated criminal process severely restricts the right of accused persons to introduce new material. It speaks to many important concerns for the state, such as speedy trial, but a general rule that brooks no exception does more harm than good.
It has been almost 45 months since the police began investigating the theory of a larger conspiracy in the cases emanating out of the Bhima-Koregaon violence of January 2018.
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)

5 years on, charges not framed; here’s a timeline of the case

23/01/2023 Asha

Free Press Journal / by Jal Khambata

It has been five years and the case has witnessed arrests of several activists (some getting bail after long incarceration) for alleged conspiracy and covert involvement in the Elgar Parishad gathering purportedly leading to the January 1, 2018 violence during the bicentenary celebrations of the Battle of Bhima Koregaon.
Last week, during a hearing in the Bhima-Koregaon case, the Supreme Court was struck with an application by the special National Investigation Agency (NIA) court for an extension of one more year to frame charges in the Bhima Koregaon case.
Read more

Also read:
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Court seeks one more year to decide on framing charges / 5 years on, charges not framed

18/01/2023 Asha

5 years on, charges not framed despite repeat extensions

19/01/2023

Sabrangindia / by Sanchita Kadam

The Special NIA Court has said that it will first need to dispose the discharge applications filed by the accused, before deciding on framing of charges
The Special NIA court, Mumbai has sought a time extension of one more year from the Supreme Court to frame charges in the case. This request was sent in November last year. On January 16, the Supreme Court said that it will proceed with hearing bail applications of activists Vernon Gonsalves and Arun Ferreira from January 30.
Last year in August while hearing Gonsalves’ plea, the apex court had given the Special Court three months’ time to decide whether charges are required to be framed against the accused or not. This three month period ended in November 2022, just when the Special Court sought an extension for another year!
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Elgaar Parishad case: Court seeks one more year to decide on framing charges

18/01/2023

The Indian Express / by Sadaf Modak

On August 18, the Supreme Court had directed the trial court to decide on these aspects within three months, granting it time till last November.
The special court hearing the Elgaar Parishad case in Mumbai had last November sought an extension of one year to decide whether to frame charges against the accused and also take a call on their discharge applications.
Read more

Also read:
● 4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case (The Indian Express / Oct 2022)
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)

Koregaon Bhima inquiry commission gets yet another extension, till March 31

18/01/2023 Asha

Graphic by Arun Ferreira & Vernon Gonsalves

Five years and 10 extensions later, Bhima Koregaon inquiry goes on

22/01/2023

The Indian Express / by Chanda Haygunnde

The two-member inquiry commission has examined 48 witnesses so far, seven of them partly. More yet to be deposed.
Formed on February 9, 2018, the Commission was tasked with inquiring into the “exact sequence” of events that led to violence on the occasion of the 200th anniversary Battle of Koregaon Bhima.
Almost five years after it was constituted and after receiving 10 extensions, the Koregaon Bhima Commission of Inquiry has yet to complete its work.
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Koregaon Bhima inquiry commission gets yet another extension, till March 31

18/01/2023

The Indian Express / by Chandan Haygunde

The two-member commission was constituted by the Maharashtra government on February 9, 2018, to inquire into the “exact sequence” of events that led to violence on the 200th anniversary of Battle of Koregaon Bhima on January 1 that year.
The Maharashtra government Tuesday granted yet another extension to the Koregaon Bhima Commission of Inquiry. An order in this regard issued by the state home department on Tuesday stated that the commission has been given an extension of three months till March 31, 2023, to submit the report.
Read more

Also Read:
● Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 27, 2022)

Bombay HC directs Shoma Sen to first move special NIA court for bail in Bhima Koregaon case

17/01/2023 Asha

Bombay HC asks Elgar Parishad accused Prof Shoma Sen to first approach trial court for bail

17/01/2023

India Today / by Vidya

Sen claims she has been falsely arrested because she had exposed illegal arrests and torture.
The Bombay High Court has directed Elgar Parishad accused Professor Shoma Sen to approach the special NIA court for bail before coming to the high court on appeal.
Sen, behind bars since 2018, had applied for bail before the Pune Sessions Court in December 2018 prior to the filing of the chargesheet and another application after the filing of the chargesheet. Both the applications were rejected by the sessions court by way of common order in November 2019.
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Bombay High Court directs Shoma sen to first move special NIA court for bail

17/01/2023

Bar & Bench / by Neha Joshi

A division bench of Justices AS Gadkari and PD Naik reasoned that the special NIA court ought to be given an opportunity to consider the supplementary chargesheet first before Sen could approach High Court.
The Bombay High Court on Tuesday directed the Bhima Koregaon accused Shoma Sen to approach the special NIA court for bail before coming to the High Court in appeal.
A division bench of Justices AS Gadkari and PD Naik noted that the special NIA court has not had a chance to consider the bail application after the filing of chargesheet.
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Bombay High Court Grants Liberty To Accused Professor Shoma Sen To Approach Special NIA Court For Bail

17/01/2023

Live Law / by Amisha Shrivastava

Bombay High Court on Tuesday disposed of Bhima Koregaon – Elgar Parishad accused Professor Shoma Sen’s bail application with liberty to approach the trial court.
The division bench of Justice AS Gadkari and Justice PD Naik took note of the chargesheet filed against Sen subsequent to the Pune sessions court order denying bail.
Read more

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023 Asha

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023

The Wire / by Sukanya Shantha

The human rights lawyer, an accused in the Elgar Parishad case, claims that despite favourable court orders, the prison officials have blocked his access to hospitals, worsening his health condition further.
Surendra Gadling, a human rights lawyer and an arrested accused in the Elgar Parishad case, has been ailing with multiple health issues, including serious cardiac issues and psychiatric disorders. Over the past year, he has made multiple applications before the court seeking adequate medical care. And despite favourable court orders, the prison officials have allegedly blocked his access to hospitals, worsening his health condition further.
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Court issues notice to Taloja jail superintent for not taking Surendra Gadling to hospital

14/01/2023

The Hindu / by Sonam Saigal

Although the court had directed that Mr. Gadling be referred to JJ Hospital, and he was due to recieve psychiatric treatment follow-up on February 20, 2022, he was not taken to hospital until June 6, he alleged
A sessions court at Gadchiroli has issued a notice to the Superintendent and Chief Medical Officer (CMO) of Taloja Central Jail, with regards to their failure to take advocate Surendra Gadling to hospital last year, even three months after being directed to do so by the court. Mr. Gadling is an accused in the Bhima Koregaon caste violence case of 2018.
Read more

Also watch:

● Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

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

SC division bench led by Justice Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

16/01/2023 Asha

Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30

16/01/2023

Live Law / by Awstika Das

“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court on Monday, while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira… Indicating that they would like to hear the arguments at length, the bench decided to post the matter on a ‘non-miscellaneous’ day in the week starting on January 30.
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Supreme Court division bench led by Justice Aniruddha Bose to hear bail pleas of Vernon Gonsalves and Arun Ferreira

16/01/2023

The Leaflet / by Sarah Thanawala

The matter is posted for hearing on January 30.
On Monday, a division bench of the Supreme Court comprising Justices Aniruddha Bose and Sudhanshu Dhulia decided to proceed with the hearing of bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira after Justice Dipankar Datta recused himself from hearing the matter on January 12. Gonsalves and Ferreira have filed the bail application in the Supreme Court challenging the rejection of their default bail applications by the Bombay High court.
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Justice Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves and Arun Ferreira

12/01/2023

The Leaflet / by Sarah Thanawala

The matter will now be taken up next week by a bench that does not comprise Justice Datta.
Thursday, Justice Dipankar Datta recused himself from hearing the bail pleas of civil liberties activists Vernon Gonsalves and Arun Ferreira. The matter will now be taken up by a bench that Justice Dutta is not a part of.
… A Supreme Court division bench, comprising Justices Ravindra Bhatt and Datta, was hearing petitions filed by Gonsalves and Ferreira, challenging the rejection of their bail applications by the Bombay High Court.
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SC judge Dipankar Datta recuses himself from hearing bail pleas of Vernon Gonsalves, Arun Ferreira

13/01/2023

Scroll.in / by Scroll Staff

Justice Dipankar Datta of the Supreme Court on Thursday recused himself from hearing bail applications of activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, Live Law reported.
… Gonsalves and Ferreira have filed petitions in the Supreme Court challenging the Bombay High Court decision to deny them default bail in the case. The court had held that Gonsalves and Ferreira did not apply for the bail on time.
Read more

Also read:
● Vernon Gonsalves cites Arsenal report to seek discharge (Free Press Journal / Jan 5, 2023)
● Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail? (Scroll.in / Nov 2022)
● Special court rejects Arun Ferreira’s plea against NIA (Free Press Journal / Aug 2022)

Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case!

15/01/2023 Asha

Anchored Narratives / by RJM

How proper file, malware, and memory forensics techniques were able to catch the ModifiedElephant threat actor planting incriminating evidence on defendants’ computers in India.
I agreed in late 2022 to independently review a new digital forensics report from Arsenal Consulting (hereafter: Arsenal), which was still under embargo. Niha Masih, an award-winning reporter with The Washington Post, reached out to me in early December and explained that she had written a series of articles (based on Arsenal reports) about Indian activists in the “Bhima Koregaon” case who were hacked and had evidence planted on their devices before their arrests. Niha asked if I would be able to validate Arsenal’s work.
Read more

Also read:
● 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)
● They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)