Persecution – Page 38 – free them all

Long forgotten: India’s pretrial and undertrial prisoners

15/12/2022 Asha

Frontline / by Ashutosh Sharma

The country’s jails teem with poor and marginalised people detained without justification.
Since there was no one to furnish a Rs.30,000 surety bond, Jai Parkash, 47, spent over 22 years in judicial custody without a trial. On November 21, Parkash, a stout man with swollen hands and a puffy face, was finally released on bail as part of the remissions granted under “Azadi Ka Amrit Mahotsav”.
… Quoting the Prison Statistics India report, Raghavan said: “Nearly 85 to 90 per cent of prisoners are SCs, STs, OBCs and Muslims. There is no data available on their socio-economic background, but our work with prison populations in Maharashtra shows that more than 60 per cent have a monthly family income less than Rs. 10,000.
Read more

Also read/watch:
● The Burgeoning Share of Undertrial Prisoners in India’s Jails (The Wire / Oct 2022)
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
● 4,484 People Died in Police Custody Since 2020: Govt Data (The Swaddle / Jul 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: The Prison Song of Surendra Gadling

By The Wire

hindi | 11min | 2021
In August, when human rights lawyer Surendra Gadling was released on interim bail for a week, he made a quick visit to the Nagpur sessions court to meet his colleagues and friends. 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.
Watch video

Incriminating document found in Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused

13/12/2022 Asha

Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm

14/12/2022

The Leaflet / by Gursimran Kaur Kakshi

Previously, similar evidence of planting have also been found by the same firm, Arsenal, in the computer of mobile devices of Rona Wilson and Surendra Gadling, two other accused in the Bhima Koregaon case.
ON December 11, Arsenal Consulting, a United States-based digital forensic analysis firm, revealed that tribal rights activist and one of the accused in the Elgar Parishad-Bhima Koregaon case, the late Fr. Stan Swamy’s computer was compromised over the course of three distinct campaigns, beginning on October 19, 2014, and ending with the seizure of his computer by the Pune police department on June 12, 2019.
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Hackers planted evidence on computer of jailed Indian priest, report says

13/12/2022

The Washington Post / by Niha Masih

Father Stan Swamy died after spending more than eight months in jail on terrorism charges
For months, Father Stan Swamy, an 84-year-old Jesuit priest, claimed his innocence in courts and pleaded for medical care, but Indian authorities denied him bail. He died at a hospital in July 2021 after spending more than eight months in jail on terrorism charges.
Now, an examination of an electronic copy of his computer by Arsenal Consulting, a Massachusetts-based digital forensics firm, concludes that a hacker infiltrated his device and planted evidence, according to a new report by the company.
Read more

Hackers Planted Files to Frame an Indian Priest Who Died in Custody

13/12/2022

Wired / by Andy Greenberg

And new evidence suggests those hackers may have collaborated with the police who investigated him.
The case of the Bhima Koregaon 16, in which hackers planted fake evidence on the computers of two Indian human rights activists that led to their arrest along with more than a dozen colleagues, has already become notorious worldwide. Now the tragedy and injustice of that case is coming further into focus: A forensics firm has found signs that the same hackers also planted evidence on the hard drive of another high-profile defendant in the case who later died in jail—as well as fresh clues that the hackers who fabricated that evidence were collaborating with the Pune City Police investigating him.
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Evidence Planted On Activist Stan Swamy’s Laptop, Claims US Report

13/12/2022

NDTV / by Aruveetil Mariyam Alavi, Sreenivasan Jain

The report blasts a hole in the National Investigation Agency’s (NIA) charges against Stan Swamy.
A new report by an American forensic firm shows that multiple incriminating documents were planted in the computer of Father Stan Swamy, the 83-year-old activist-priest who was arrested for alleged terror links in 2020 and who died in custody a year later.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

SC extends interim order granting house arrest to Gautam Navlakha till second week of January

13/12/2022 Asha

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

14/12/2022

Bar & Bench / by Neha Joshi

The Bombay High Court on December 12 issued notice to the National Investigation Agency (NIA) in the regular bail plea filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case.
Navlakha moved the High Court after a special NIA court rejected his bail plea on September 5 this year.
A bench of Justices AS Gadkari and PD Naik sought the response of NIA and posted the matter for further consideration on January 9, 2023.
Read more

Supreme Court extends interim order granting house arrest to Gautam Navlakha

14/12/2022

The Leaflet / by Sarah Thanawala

The Court allowed its grant of house custody to extend till the second week of January.
ON Tuesday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, in its review of the interim order granting house arrest to Gautam Navlakha, extended the grant of house custody until the second week of January.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967. During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court.
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SC Extends House Arrest of Activist Gautam Navlakha Till Second Week of January

13/12/2022

The Wire / by The Wire Staff

The 70-year-old was named as an accused in the Elgar Parishad case by the National Investigation Agency, which has also arrested several activists, scholars and lawyers in connection with it.
The Supreme Court on Tuesday, December 13, extended till second week of January its interim order placing activist Gautam Navlakha under house arrest.
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SC further extends activist Gautam Navlakha’s house arrest

13/12/2022

India Today / Maneesha Mathur

Human rights activist Gautam Navlakha’s house arrest has been extended till the second week of January. He is an accused in the Bhima Koregaon case.
The house arrest of human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case, has been extended till the second week of January. The matter was listed before the Supreme Court for interim orders.
Read more

Also read:
● Gautam Navlakha moves HC seeking regular bail (Hindustan Times / Dec 13, 2022)
● Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)

Activist Gautam Navlakha moves Bombay High Court seeking regular bail

12/12/2022 Asha

by Bar & Bench (Dec 13, 2022):
#SupremeCourt to hear plea by Bhima Koregaon accused Gautam Navlakha, in connection with the terms of his house arrest allowed by the top court.

Gautam Navlakha moves HC seeking regular bail

13/12/2022

Hindustan Times / by HT Correspondent

Civil rights activist Gautam Navlakha on Monday moved the Bombay high court seeking regular bail in the Elgar Parishad–Bhima Koregaon violence case.
Earlier, a special NIA court had on September 5 rejected the regular bail plea of the 70-year-old, who is presently under house arrest on medical grounds in Navi Mumbai.
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Bombay High Court Issues Notice On Gautam Navlakha’s Bail Appeal In Bhima Koregaon case

12/12/2022

Live Law / by Amisha Shrivastava

Journalist and activist Gautam Navlakha, who is an accused in the Bhima Koregaon Elgar Parishad case, has approached the Bombay High Court in appeal against rejection of his bail application by the trial court.
The division bench of Justice AS Gadkari and Justice P. D. Naik on Monday issued notice to the NIA in the case.
Read more

Also read:
● Activist Gautam Navlakha Walks Out of Prison, Put Under House Arrest (The Wire / Nov 2022)
● Supreme Court dismisses NIA’s application for vacating its order granting house arrest to Gautam Navlakha (The Leaflet / Nov 2022)
● Gautam Navlakha’s bail plea rejected by special NIA court (Scroll.in / Sep 2022)

Hany Babu moves Bombay High Court seeking interim medical bail

10/12/2022 Asha

Hany Babu moves Bombay High Court seeking interim medical bail

09/12/2022

Bar & Bench / by Neha Joshi

A division bench of Justices AS Gadkari and PD Naik asked NIA to check the reports annexed to Babu’s petition and posted the matter for hearing on December 13.
Delhi University professor Hany Babu has approached Bombay High Court seeking interim medical bail in the Bhima Koregaon case of 2018.
Babu who has spent over 2 years in judicial custody has sought release from custody for a cataract surgery, treatment of his upper abdominal pain and osteoarthritis in a private hospital in Mumbai and post treatment recuperation at his own expense.
Read more

Elgar Parishad case: Hany Babu seeks medical bail in HC

10/12/2022

Hindustan Times / by K A Y Dodhiya

56-year-old Babu, a professor of English Literature, spent over two years in judicial custody. He has sought his release for cataract surgery, treatment of his upper abdominal pain and osteoarthritis in a private hospital in the city and post-treatment recuperation at his own expense.
Former Delhi University professor Hany Babu, who is currently lodged in Taloja jail, has approached the Bombay high court (HC) seeking interim medical bail in the Elgar Parishad case.
Read more

Also read:
● Bombay HC Denies Bail to Hany Babu in Elgar Parishad Case, Upholds Trial Court Verdict (The Wire / Sep 2022)
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

What does bail for Teltumbde after 2.5 years say about the judiciary and democracy in India?

03/12/2022 Asha

AllIndiansMatter.com / by Ashraf Engineer

Hello and welcome to All Indians Matter. I am Ashraf Engineer.
Anand Teltumbde, one of the 16 accused in the Bhima Koregaon-Elgar Parishad case, finally walked out of prison on November 26 after his bail was upheld by the Supreme Court. Many experts opined that him having to wait two and a half years for bail was an abject failure of the judiciary. Speaking after his release, the scholar-activist said: “I am obviously happy to be released after 31 months for which I have been in prison. The sad part, however, is that we had to spend time in jail for years after being booked in a fake case…” The 73-year-old anti-caste writer had been in prison since 2020 under the Draconian Unlawful Activities (Prevention) Act, or UAPA.
Podcast / Episode transcript
en | 12:43min | 2022
Listen to podcast / Read transcript

Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?

30/11/2022 Asha

The Quint / by Rohini Roy

The remaining 11 continue to languish in jail — Who are they and what is the status of the case against them?
Anti-caste writer Anand Teltumbde, who walked out of jail on Saturday, 26 November, after he was granted bail on merits in connection with the Bhima Koregaon-Elgar Parishad case said:
“I am definitely happy. It has been 30 months that I have been in prison. The sad part, however, is that we had to spend time in jail after being booked in a fake case.”
In the same case, two others, poet Varavara Rao and lawyer-activist Sudha Bharadwaj – were granted bail earlier due to different reasons, while academic Gautam Navlakha was allowed house arrest on health grounds by a 19 November Supreme Court order.
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)
● Bhima Koregaon: Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)

Anand Teltumbde released from Taloja Jail

26/11/2022 Asha

by Karwan e Mohabbat (Caravan of Love) / @karwanemohabbat (Nov 26, 2022):

Anand Teltumbde walks out of prison

Anand Teltumbde walks out of jail:‘Unfortunate how the case was put on us’

26/11/2022

The Indian Express / by Express Web Desk

Elgaar Parishad accused Anand Teltumbde told reporters, “”I am happy to be released after 31 months, but it is so unfortunate the way the case was put on us.”
A day after the Supreme Court dismissed the National Investigation Agency’s (NIA) plea challenging his bail, Elgaar Parishad accused Anand Teltumbde was Saturday released from Taloja Central Prison in Navi Mumbai.
Read more

Video: Anand Teltumbde Walks Out Of Taloja Jail

1:28min | 2022
Watch video

#AnandTeltumbde

by Tribal Army / @TribalArmy (Nov 26, 2022):
Prominent Dalit scholar and rights defender #AnandTeltumbde released from Taloja Central Prison in Navi Mumbai today after spending 957 days in jail under draconian UAPA. Welcome @AnandTeltumbde !!

by Meera Sanghamitra / @meeracomposes (Nov 26, 2022):
From the day of arbitrary arrest (14th April) to the release on bail (26th Nov), Anand Teltumbde’s jail journey is indeed a historic one, challenging a State that violates the Constitution everyday! Zindabad to Rama tai, Prachi & everyone in the release campaign. #ScrapUAPA

by LeftWord Books (Nov 26, 2022):
All of us at LeftWord Books and May Day Bookstore are overjoyed that our author Anand Teltumbde is out on bail.
Fitting that it should happen on Constitution Day!

CPI(M) Puducherry (Nov 26, 2022):
We welcome granting of bail to Anand Teltumbde may more continue to be in jail under charges release all political prisoners.

…

by Siddhesh Gautam / @siddheshgautam (Nov 25, 2022):
Dr Anand, 2022
The Supreme Court Friday dismissed a petition filed by the National Investigation Agency (NIA) challenging the Bombay High Court’s order granting bail to scholar-activist Anand Teltumbde in the Elgar Parishad case.
#AnandTeltumbde
#bakeryprasad

Poster by Siddesh Gautam / #bakeryprasad

by Apeksha Priyadarshini (Nov 25, 2022):
Revolutionary Salutes to Dr. Anand Teltumbde! Supreme Court upholds the bail granted to Dr. #AnandTeltumbde by the Bombay High Court, dismissing the appeal filed by NIA against it.
#FreeBK16 #FreeAllPoliticalPrisoners #RepealUAPA #baso

by AILAJ_HQ (Nov 25, 2022):
The order of the SC dismissing NIA’s appeal against grant of bail to Anand Teltumbde in the 2018 Bhima Koregaon case is a step in the right direction.
All prisoners languishing behind bars for political dissent must be equally treated!

by Indian American Muslim Council (Nov 25, 2022):
Supreme Court of India confirms bail for scholar-activist Anand Teltumbde. We hope courts also free other prisoners of conscience who have been languishing in jails for years under trumped-up charges.
#FreeAllPrisonersOfConscience

…

Supreme Court upholds Bombay High Court bail to Anand Teltumbde

25/11/2022 Asha

Supreme Court upholds Bombay High Court bail to Anand Teltumbde; dismisses appeal by NIA

25/11/2022

Bar & Bench / by Debayan Roy

A bench of Chief Justice of India DY Chandrachud (CJI) and Justice Hima Kohli said that it will not interfere with the High Court order.
The Supreme Court on Friday dismissed an appeal filed by the National Investigation Agency against the Bombay High Court order granting bail to Dalit rights activist Anand Teltumbde in the case relating to his alleged role in the Bhima Koregaon violence of 2018 [NIA vs Anand Teltumbde].
A bench of Chief Justice of India DY Chandrachud (CJI) and Justice Hima Kohli said that it will not interfere with the High Court order.
“We will not interfere. Dismissed,” the Court said.
Read more

Supreme Court Dismisses NIA’s Plea Against Bail Granted To Anand Teltumbde In Bhima Koregaon Case

25/11/2022

Live Law / by Livelaw News Network

The Supreme Court on Friday dismissed the special leave petition filed by the National Investigation Agency challenging the Bombay High Court order granting bail to Professor Anand Teltumbde in the Bhima Koregaon case. A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli however added that the High Court’s observations will not be treated as conclusive final findings at the trials.
Read more

Supreme Court dismisses NIA’s petition challenging bail granted to Dr. Anand Teltumbde

25/11/2022

The Leaflet / by Sarah Thanawala

Deciding not to interfere with the order of the Bombay High Court, the SC upheld Dr. Teltumbde’s bail
On Friday, a Supreme Court division bench comprising the Chief Justice of India (‘CJI’) Dr. D.Y. Chandrachud and Justice Hima Kohli dismissed a special leave petition filed by the National Investigation Agency (‘NIA’) challenging the order of the Bombay High court that granted bail to Dr. Anand Teltumbde, the 73-year-old Dalit scholar, academic and activist charged under the Unlawful Activities (Prevention) Act (‘UAPA’) for allegedly being a senior member of the banned organisation, the Communist Party of India (Maoist) (‘CPI (Maoist)’).
Read more

Thread by Bar & Bench (Nov 25, 2022):

Supreme Court is hearing the appeal by National Investigation Agency (NIA) against the Bombay High Court’s order granting bail to activist Anand Teltumbde in the Elgar Parishad-Maoist links case

…

Supreme Court DISMISSES appeal by National Investigation Agency (NIA) against the Bombay High Court’s order granting bail to activist Anand Teltumbde in the Elgar Parishad-Maoist links case.

“We will not interfere”: CJI DY Chandrachud

Live Thread

Thread by Live Law (Nov 25, 2022):

#SupremeCourt to hear NIA’s plea against the Bombay High Court order granting bail to Professor Anand Teltumbde in the Bhima Koregaon case

…

Live Thread

Supreme Court to Hear on Friday NIA Appeal Against Bail to Anand Teltumbde

22/11/2022 Asha

Poster by @/bakeryprasad

SC to Hear on Friday NIA Appeal Against Bail to Anand Teltumbde

22/11/2022

The Wire / by The Wire Staff

The Bombay high court on November 18 granted bail to Teltumbde noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it.
After the National Investigation Agency (NIA) on Tuesday moved the Supreme Court against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad case, the top court agreed to hear the matter on Friday.
Read more

NIA Moves Supreme Court Against Bombay High Court Bail to Anand Teltumbde

22/11/2022

Bar & Bench / by Debayan Roy

Solicitor General of India Tushar Mehta mentioned the matter on Tuesday before a bench led by Chief Justice of India (CJI) DY Chandrachud who agreed to hear the case on November 25.
The National Investigation Agency (NIA) has moved the Supreme Court challenging an order of the Bombay High Court granting bail to Dalit rights activist Anand Teltumbde in the case relating to his alleged role in the Bhima Koregaon violence of 2018.
Solicitor General of India Tushar Mehta mentioned the matter on Tuesday before a bench led by Chief Justice of India (CJI) DY Chandrachud who agreed to hear the case on Friday this week.
Read more

NIA Moves Supreme Court Against Bail Granted To Anand Teltubmde In Bhima Koregaon Case; Matter Listed On Nov 25

22/11/2022

Live Law / by Livelaw News Network

The National Investigation Agency has approached the Supreme Court against the Bombay High Court order granting bail to Professor Anand Teltumbde in the Bhima Koregaon case.
Solicitor General of India Tushar Mehta mentioned the matter before Chief Justice of India DY Chandrachud for urgent listing on Thursday. While granting bail on November 18, the High Court had suspended the order for one week.
Read more

Also read:
● Bombay HC grants bail to Dr. Anand Teltumbde (The Leaflet / Nov 18, 2022)