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Category: Persecution

On Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

On Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

Bombay High Court Seeks Reply On Sudha Bharadwaj’s Plea For Default Bail In Bhima Koregaon Case

22/06/2021

Live Law / by Sharmeen Hakim

The Bombay high Court on Tuesday directed the National Investigating Agency and State to file their replies in lawyer-activist Sudha Bharadwaj’s plea seeking default bail on the grounds that the Pune judge was not authorized to take cognizance of the charge sheet filed under the Unlawful Activities (Prevention) Act against her, in 2019.
A division bench of Justices SS Shinde and NJ Jamadar passed the order on Bharadwaj’s plea under Sections 439 and 167 (2) of the Criminal Procedure Code.
Advocate Sandesh Patil for the NIA sought time to reply to the contentions following which the respondents have been asked to filed their replies by July 2 and the matter is posted for hearing on July 3.
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On activist Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

22/06/2021

Scroll.in / by Scroll Staff

Bharadwaj argued that the judge who allowed Pune Police more time to file the chargesheet against her was not a special judge and hence cannot take cognisance.
The activist had moved the High Court for default bail on June 11. Bharadwaj sought bail on the grounds that the Pune Police did not file a chargesheet against her within 90 days, as required under Section 167(2) of the Code of Criminal Procedure. The inquiry in the case was later taken over by the National Investigation Agency.
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Sudha Bharadwaj Moves Bombay High Court Seeking Default Bail

11/06/2021

Live Law / by Sharmeen Hakim

Lawyer-Activist Sudha Bharadwaj, an accused in the Bhima Koregaon – Elgar Parishad case, has approached the Bombay High Court seeking default bail contending that the trial judge was not authorised to take cognisance of the 2019 charge sheet against her.
Her application under section 167 (2) of the Criminal Procedure Code cites RTI replies to demonstrate that the court of Additional Sessions Judge Kishor Vadane in Pune was not authorised to take cognisance of the 1,800-page supplementary charge sheet filed by the Pune Police in February 21, 2019.
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Amid pandemic, India’s political prisoners struggle with failing health in unequipped jails

Amid pandemic, India’s political prisoners struggle with failing health in unequipped jails


Prison diaries. Drawing by Arun Ferreira

Amid pandemic, India’s political prisoners struggle with failing health in unequipped jails

22/06/2021

The Caravan / by Nileena MS

As of 6 June this year, five of the 16 persons accused in the Bhima Koregaon case have spent over three years in jail without trial. These 16 individuals include lawyers, academics, a poet, a priest and activists. They are among scores of political prisoners in the country who have been arrested under the Narendra Modi government. Seven of the 16 have tested positive for COVID-19, and many of the others suffer from serious conditions, including comorbidities. Despite a rampaging second wave and increasing reports about worsening health conditions in jails, India appears intent on keeping its political prisoners behind bars.
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Vaccination drive in Maharashtra prisons going slow

22/06/2021

The Hindu / by Sonam Saigal

Only 4,409 of 33,971 inmates have received at-least the first dose.
The vaccination drive across 47 prisons in Maharashtra has been rather slow with only 4,409 inmates having received at least the first dose out of the total 33,971 inmates, that it houses.
According to the Maharashtra Prison Department, there are 28,716 under-trials and 5,255 convicts lodged across the State of which 3,338 under-trials and 1,021 convicts have been vaccinated.
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Also read: Imprisoned and Unsafe – Prisoners and the Pandemic (PUCL, Sep 2020)

Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5 / NIA to HC: Swamy is an active member of CPI (M)

Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5 / NIA to HC: Swamy is an active member of CPI (M)

Swamy is an active member of CPI (M), evidence shows his complicity; NIA tells Bombay HC

19/06/2021

Free Press Journal / by Narsi Benwal

The National Investigation Agency (NIA) on Thursday told the Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar that there is sufficient material to prosecute arrested Jesuit Priest Stan Swamy under the UAPA law. The agency has said Swamy is an active member of banned outfit CPI (Maoist) and it could be established with his ‘Lal Johar’ aka ‘Lal Salaam’ salutations.
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He Is Critical And Require Intensive Care: Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5

17/06/2021

Live Law / by Srishti Ojha

The Bombay High Court on Thursday extended 84-year-old tribal rights activist from Ranchi Father Stan Swamy’s private hospital stay till July 5th after perusing his Medical report which stated that he continues to be critical and requires intensive care.
“As per detailed medical report, it is suffice to record that Medical Director has reported that he continues to be critical and requires intensive care. In view of aforesaid report, we deem it appropriate to extend the admission of the appellant in Holy Family Hospital Bandra in terms of orders passed by this court on May 28th 2021 till July 5th 2021. Appeal be listed on July 3rd.” the Bench noted.
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NIA, govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

NIA, govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

NIA questions maintainability of plea by Prof Shoma Sen seeking quashing of charges

17/06/2021

The Leaflet / by Gahena Gambani

Earlier this year, the Bhima Koregaon case made international headlines, when The Washington Post reported that cybersecurity firm M/s Arsenal Consulting had analysed the laptops of some accused, and reached the conclusion that malware had been planted on the same, presumably with a view to frame the accused.
Soon after, Shoma Sen, an assistant professor and the head of the English Department at Nagpur University, an accused in the Bhima Koregaon matter, approached the Bombay High Court under Article 226 of the Constitution and Section 482 of the CrPC, praying for a quashing of the sanctions against her under the Unlawful Activities (Prevention) Act, 1967. A similar petition had also been filed by her co-accused, Rona Wilson.
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NIA, Maharashtra govt asked to respond to Rona Wilson, Shoma Sen’s petition seeking SIT probe by July 1

17/06/2021

FPJ / by Narsi Benwal

The Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar on Thursday adjourned the hearing in the petitions filed by rights activists Rona Wilson and Shoma Sen till July 13. The bench has granted a last chance to the National Investigation Agency and Maharashtra government to file its response to the petitions by June 1.
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Hope Floats For Bhima Koregaon Political Prisoners After Delhi HC Order

Hope Floats For Bhima Koregaon Political Prisoners After Delhi HC Order

Hope Floats For Bhima Koregaon Political Prisoners After Delhi HC Order

16/06/2021

Outlook India / by Preetha Nair

Kin and lawyers of imprisoned activists say the ruling will help in the delivery of justice.
For the past month, Jenny Rowena has been living in a hotel in Mumbai to attend to her husband Prof Hany Babu, who is undergoing treatment for a severe eye infection in a Mumbai hospital. Babu, a Delhi University associate professor was arrested by National Investigation Agency (NIA) in July 2020 in connection with Bhima Koregaon- Elgar Parishad violence and was lodged in Navi Mumbai’s Taloja jail since then.
Babu is one of the 16 prominent activists, who are facing trial under the Unlawful Activities (Prevention) Act (UAPA) for their alleged role in the 2018 violence and links with the outlawed CPI (Maoist) outfit. One of the high-profile cases in the country involving eminent activists, lawyers, and academicians, the Bhima Koregaon case has invited criticism of international forums for the lack of due process.
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Granting bail to activists, Delhi HC exposes abuse of UAPA – but flaws inherent in the law remain

16/06/2021

Scroll.in / by Sruthisagar Yamunan

Despite the principles set by the Delhi High Court, bail under UAPA will remain discretionary.
On Tuesday, when the Delhi High Court granted bail to Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha in the Delhi riots cases in which the three activists have been charged under the stringent Unlawful Activities (Prevention) Act, it was this simple exercise of “lifting the veil” thrown on the case by the prosecution that has led to a significant precedent.
… As seen in several recent cases, including those against activists in the Bhima Koregaon case in Maharashtra, the trial courts, more often than not, tend to agree with the prosecution on the prima facie truth of the case.
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Wrong to treat criticism as sedition: Lawyers welcome Delhi HC verdict quashing UAPA case against activists

16/06/2021

India Today / by Aneesha Mathur

Lawyers have welcomed the decision by Delhi High Court stating that protesters have the right to criticise the government. They also hailed the Court’s verdict defining the lines between criticism of the government and activities that destabilize the country.
… Lawyer Vrinda Grover also said the HC verdict was “significant” since there has been indiscriminate use of the law in recent years… He added: “In this context, we must raise the issue of incarceration of 16 human rights defenders in the Bhima Koregaon case under UAPA for almost three years and the trial is yet to commence. The judiciary must intervene and not allow the criminal legal machinery to be used by the State to suppress fundamental freedoms of citizens, otherwise democracy is in peril.”
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Also read: Supreme Court Issues Notice On Delhi Police Appeal Against Bail Granted To Student Activists In Riots Case; Says HC Judgment Shall Not Be Treated As Precedent In Meantime (Live Law, June 18)

Families of Bhima Koregaon accused demand their release, say jail conditions poor

Families of Bhima Koregaon accused demand their release, say jail conditions poor

The Print / by Sravasti Dasgupta

The families and friends of Bhima Koregaon prisoners organised a webinar Friday to highlight the deteriorating health of the prisoners and unhygienic conditions in jails.
The family members of activists arrested in connection with the Bhima Koregaon case demanded their immediate release, in view of the raging Covid-19 pandemic.
To mark three years since the first arrests in the case, the families and friends of the accused Friday organised a webinar — “Three Years Too Many…” — to highlight the deteriorating health of the prisoners, with many of them testing positive for Covid, and unhygienic conditions in jails.
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Watch video: THE BHIMA KOREGAON CONSPIRACY CASE – THREE YEARS TOO MANY … (June11)
Also read (Hindi): SALAAKHON MEIN QAID AVAAZEIN (IMPRISONED VOICES).

Stan Swamy to stay in hospital till June 18, says Bombay HC

Stan Swamy to stay in hospital till June 18, says Bombay HC

Scroll.in / by Scroll Staff

The Bombay High Court on Thursday said tribal rights activist Stan Swamy will remain admitted to a Mumbai-based private hospital till June 18 as he is suffering from the coronavirus, reported PTI. The 84-year-old activist has been in custody since October in connection with the 2018 Bhima Koregaon case.
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Covid-ve, yet Surendra Gadling kept in quarantine barrack: Wife

Covid-ve, yet Surendra Gadling kept in quarantine barrack: Wife

The Times of India / by George Mendonca

Wife of an Elgar Parishad case accused, Surendra Gadling (53), who is lodged in Taloja prison, has alleged that jail authorities have kept her husband in unhygienic conditions in the quarantine centre in a cramped space, despite Gadling testing negative for Covid on May 31.
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Also read: In Maharashtra, Prison Quarantine Centres Are More Harrowing than Main Jail Barracks (by Sukanya Shantha, June 2)

What does state’s treatment of pre-trial political prisoners tell us?

What does state’s treatment of pre-trial political prisoners tell us?

The Indian Express / by Harsh Mander

Harsh Mander writes: It’s been three years since Bhima Koregaon accused were incarcerated by a state that continues to oppose bail for them, despite Covid and other grave threats to their health.
June 6 was a sombre milestone — the third anniversary of the incarceration of five rights activists in the Bhima Koregaon conspiracy case. Eleven more were subsequently jailed for the same conspiracy. These 16 women and men — the BK-16 accused — are intellectuals, lawyers, a poet, professors, cultural and rights activists and an 84-year-old Jesuit priest, all with sterling records of service with India’s most oppressed people.
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Violating the rights of older persons: Why Stan Swamy’s continued detention is so unjust

Violating the rights of older persons: Why Stan Swamy’s continued detention is so unjust

Scroll.in / by Arvind Narrain

The activist, by virtue of his age as well as his health condition, should be detained – if at all – only within his home.
On 28 May, tribal rights activist Father Stan Swamy was finally shifted to Mumbai’s Holy Family Hospital for medical treatment on the orders of the Bombay High Court. However one cannot forget that the Jesuit priest was in Taloja Jail for over seven months, along with 15 others in the Bhima Koregaon case.
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