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Category: Persecution

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC seeks NIA, MHA and Maharashtra’s response to Rona Wilson, Shoma Sen’s challenge to their UAPA prosecution

04/05/2021

The Leaflet / by The Leaflet

The Bombay High Court Tuesday asked the National Investigation Agency (NIA), Ministry of Home Affairs (MHA) and the state of Maharashtra to file their respective responses to the petitions filed by Rona Wilson and Professor Shoma Sen, accused in the Bhima Koregaon case, challenging the decision of the Maharashtra Government granting sanction to prosecute them under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
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Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

04/05/2021

News 18 / by pti

A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
The Bombay High Court on Tuesday directed the Maharashtra government to file its replies to petitions filed by activists Rona Wilson and Shoma Sen, seeking quashing of charges against them in the Elgar Parishad-Maoist links case. A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
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Prof Shoma Sen claims evidence forged, planted on digital devices; moves Bombay HC challenging UAPA charges

15/04/2021

Bar & Bench / by Neha Joshi

Sen was arrested for her involvement in connection to the violence in Bhima Koregaon case and has been in judicial detention since then without bail.
Bhima Koregaon accused Shoma Sen has filed a petition before the Bombay High Court challenging the charges slapped against her by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA).
Sen, in her plea, contended that the prosecution’s case against her is built on evidence which was planted on digital devices belonging to a co-accused Rona Wilson.
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Prof Shoma Sen challenges prosecution under UAPA; says evidence against her is unfounded, forged and planted on co-accused’s digital devices

14/04/2021

The Leaflet / by The Leaflet

An accused in the Bhima Koregaon case, Professor Shoma Sen, has petitioned the Bombay High Court challenging her prosecution under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
Sen, a former Head of Department of English at Nagpur University, alleged that that the case against her had been built entirely on unfounded, forged, hearsay evidence that was planted on digital devices belonging to a co-accused-Rhona Willson, which (devices) were “illegally” seized by the police in complete violation of all safeguards and procedures mandated under applicable law.
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Also read: Bhima Koregaon Accused Rona Wilson Moves Bombay High Court Seeking SIT Probe Into The Report That ‘Incriminating Materials Were Planted On His Laptop’ (Live Law, Feb 2021)

Release Sudha Bharadwaj! / Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

Release Sudha Bharadwaj! / Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

Update by Bar & Bench (May 13):
#BombayHighCourt directs State to file medical report of #elgarparishadcase accused Sudha Bharadwaj in her application for interim bail on medical grounds +++
The medical report will be filed by the State on May 17, the application will be heard on May 21. Bench of Justices KK Tated and Abhay Ahuja heard the plea today +++
Update by ayesha arvind (May 13)
Daughter of #SudhaBharadwaj has approached #BombayHC seeking interim medical bail for the activist. HC calls for her medical report on May 17. Bharadwaj will be taken to JJ hospital today. #NIA says there’s no urgency in the matter. Next date of hearing- May 21 +++
Her counsel says #SudhaBharadwaj is in a ward with 50 other women, incarcerated in extremely unsanitary conditions. No possibility of social distancing. Says state must file reply soon. HC- state working on only 15% strength. Will have to give them at least 4 weeks to file reply +++

Video: Release Sudha Bharadwaj!

01/05/2021


hindi | 3:07min | 2021

By ground xero

Kaladas, a cultural activist and a long term associate of Sudha Bharadwaj discusses her current medical condition and the political reasons for her arrest. He appeals to all comrades to support her immediate bail and medical treatment.
Demand immediate of Sudha Bharadwaj. Demand immediate release of all political prisoners.
Watch video

Click to enlarge
Bhilai (Chhattisgarh, May 1, 2021)

Health of Trade Unionist Sudha Bharadwaj deteriorates in Jail

02/05/2021

tnlabour.in / by tnlabour.in

Workers demand her immediate release and proper medical treatment
Trade Union leader and Advocate Sudha Bharadwaj’s health condition has deteriorated in Byculla Jail in Maharashtra. She has been complaining of body aches and diarrhoea in the past week. Her union members and family sent messages today saying she is having difficulty breathing. Even though these are typical symptoms of COVID and the jail has over 40 COVID positive patients, she is not being treated as per covid protocol. The Jail authorities claim that her RT-PCR for covid is negative.
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Health of Trade Unionist Sudha Bharadwaj Deteriorates in Jail: Workers Demand Release

01/05/2021

Ground Xero / by Ground Xero

Workers demand her immediate release and proper medical treatment
Trade Union leader and Advocate Sudha Bharadwaj’s health condition has deteriorated in Byculla Jail in Maharashtra. She has been complaining of body aches and diarrhoea in the past week. Her union members and family sent messages today saying she is having difficulty breathing. Even though these are typical symptoms of COVID and the jail has over 40 COVID positive patients, she is not being treated as per covid protocol. The Jail authorities claim that her RT-PCR for COVID is negative.
Read more

Maharashtra’s Prisons Are Feeling the Brunt of a Crisis That Could Have Been Averted

Maharashtra’s Prisons Are Feeling the Brunt of a Crisis That Could Have Been Averted

Maharashtra’s Prisons Are Feeling the Brunt of a Crisis That Could Have Been Averted

02/05/2021

The Wire / by Sukanya Shantha

Despite several directions from the Supreme Court and high court to decongest its overcrowded prisons in view of the COVID-19 pandemic, the state government has neglected the issue.
… The total prison capacity of Maharashtra’s jails is 24,032. As of March 31 this year, 35,124 prisoners were languishing across different Central and district prisons. In April, the number must have further increased. This alarmingly high number – 11,000 more than the actual capacity or 146% occupancy – continues even after the state was directed to work towards decongesting prisons over a year ago.
… Cultural and anti-caste activist Jyoti Jagtap, who was arrested last year for her alleged role in the Elgar Parishad case, is among those who have been infected and has been kept at a temporary centre. Her lawyers have been struggling to establish contact with her to know her medical condition. The temporary set-ups lack basic telephone facilities and many prisoners’ families have complained of their inability to check on the health and well-being of those incarcerated. Meanwhile, advocate and academic Sudha Bharadwaj, arrested in the same case and Jagtap, has started showing symptoms.
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‘Jail chief has no authority to comment on health of inmate´

02/05/2021

The Hindu / by Special Correspondent

Civil rights activists respond to reports of Byculla jail superintendent’s statement on Sudha Bharadwaj.
Several civil rights activists on Saturday said “the jail superintendent is no authority to give an opinion on the clinical condition of a jailed person” while responding to news reports on the Byculla jail superintendent’s comments on the health of Sudha Bharadwaj, one of the accused in the Elgaar Parishad case.
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Sudha Bharadwaj’s health deteriorating, say kin, friends / Release Sudha Bharadwaj!

Sudha Bharadwaj’s health deteriorating, say kin, friends / Release Sudha Bharadwaj!


May1, 2021 in Bhilai

Sudha Bharadwaj’s health deteriorating, say kin, friends

01/05/2021

The Indian Express / by Express News Service

Family members and friends of lawyer Sudha Bharadwaj, lodged in jail in connection with the Elgaar Parishad case, said on Friday that the activist’s health is deteriorating.
Bharadwaj is lodged in Byculla women’s jail in Mumbai, which has seen over 40 new Covid-19 cases this month. Jail officials said that Bharadwaj had last week tested negative for Covid-19.
Read more

Release Sudha Bharadwaj!

01/05/2021

Click to enlarge
Bhilai (Chhattisgarh, Mai 1, 2021)

Sudha Bharadwaj, currently in Byculla jail, has been showing covid like symptoms

By Chhotubhai Vasava:
Sudha bharadwaj is ill in byculla jail fatigue, lack of appetite, loose motions and now she has also lost her sense taste and smell. She has applied for medical checkup. none done. She needs to be treated immediately +++

By N S:
Sudha Bhardwaj ill in byculla jail. Not getting treatment. Please please my lords in the Supreme Court take suo Moto cognisance and release all the bk 16 on bail +++

By Kavita Krishnan:
This is so awful. In Modi’s India we worry about our friends dying of Covid-19 – but also have to worry about friends imprisoned indefinitely on false pretexts, getting Covid-19 in prison, remaining undiagnosed and untreated.
Free Sudha Bharadwaj and ensure the best treatment +++

By The Polis Project:
Sudha Bharadwaj, one of the BK 16, is displaying COVID symptoms. She is not being provided medical treatment despite request +++

By ABA Justice Defenders Program:
Alarming reports that human rights lawyer @Sudhabharadwaj has been denied access to medical attention amid a severe #COVID19 crisis. We urge authorities to immediately allow access to adequate medical care and grant pre-trial bail to all #BhimaKoregaon defenders +++

#ReleaseSudhaBharadwaj
#DeCongestPrisons
#bhimakoregaon16

Also read: RELEASE SUDHA BHARADWAJ AND OTHERS FRAMED IN BHIMA KOREGAON CASE
CALL FOR INDEPENDENT TIME-BOUND PROBE INTO HACKING CLAIMS (April 24, 2021)

NIA Denies Hacking Rona Wilson’s Laptop / Objects to entertaining petition based on Arsenal Report

NIA Denies Hacking Rona Wilson’s Laptop / Objects to entertaining petition based on Arsenal Report

NIA Denies Hacking Rona Wilson’s Laptop In Bhima Koregaon Case; Says Arsenal Consulting Has No Locus To Give Opinion Of Sub-Judice Matter

01/05/2021

Live Law / by Sharmeen Hakim

The National Investigation Agency (NIA) has denied the report by digital forensics firm Arsenal Consulting, which concluded that incriminating material, including a conspiracy to kill the Prime Minister and overthrow the government, was planted on Elgaar Parishad – Bhima Koregaon accused, researcher Rona Wilson’s laptop.
The NIA made these claims in an affidavit to oppose interim relief to Wilson, stating his petition before the Bombay High Court was not maintainable.
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Rona Wilson can´t rely on Forensic Report by US firm to seek quashing of Case: NIA to Bombay High Court

01/05/2020

Bar & Bench / by Neha Joshi

The petitioner can rely upon the same only during the trial when evidence is led and not in a plea seeking quashing, the NIA submitted.
The forensic report by US firm, Arsenal Consulting cited by Bhima Koregaon accused Rona Wilson to claim innocence, is not part of the chargesheet and cannot, therefore, be relied upon by the accused to seek quashing of chargesheet, the National Investigation Agency (NIA) has told the Bombay High Court.
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NIA objects to entertaining petition based on Arsenal Consulting Report

30/04/2021

The Leaflet / by Nihalsing B Rathod

THE Bhima Koregaon case came into the spotlight again when The Washington Post made a sensational revelation that the electronic evidence being used against the activists in the Bhima Koregaon case was planted. It relied on the report prepared by a digital forensics firm, M/s Arsenal Consulting, which was approached by the defence lawyer of one of the accused, Rona Wilson, for examining an electronic copy of his seized laptop.
Wilson, who has been an under-trial in the Bhima Koregaon case since June 6th, 2018, recently approached the Bombay High Court, invoking Article 226 of the Constitution of India, and Section 482 of the Criminal Procedure Code, 1973, seeking the quashing of sanctions to prosecute him and others under the draconian Unlawful Activities (Prevention) Act, 1967.
Read more

Also read: Why Sudhir Dhawale’s acquittal in a 2014 case of Naxal involvement is relevant to the Bhima Koregaon arrests (The Caravan, June 2018)

Video: Father Stan Swamy’s 84th birthday celebrations online

Video: Father Stan Swamy’s 84th birthday celebrations online


en + hindi | 1h34min | 2021

By PUCL & friends and co-travellers of Father Stan Swamy

The PUCL along with the friends and co-travellers of Father Stan Swamy,
invite you to join online Father Stan’s 84th birthday celebrations.

Watch video @ PUCL fb page here

Through his own writings from the prison, and know why the State fears him and why the Bhima Koregaon case is cooked up, along with messages of solidarity for his release and that of other Prisoners of Conscience.
Father Stan stands as a symbol of struggle and resistance against the repression of Tribals and has been falsely implicated and arrested since October 2020 in the Bhima Koregaon “conspiracy” case. A Jesuit priest and tribal rights activist, he has worked in Jharkhand for over three decades on issues of land, forest and labour rights in order to create a world where there is love, peace and justice.
#ReleaseFatherStanNOW #ReleaseAllBK16Prisoners

Also watch: Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)

Three Day consultation on 20th, 21st and 22nd January, 2021
► Repeal UAPA – Day Three (en + … | 2h 51min | Jan 2021)
► Repeal UAPA – Day Two (en +… | 2h 22min | Jan 2021)
► Repeal UAPA – Day One (en + … | 2h 17min | Jan 2021)

In letters, Stan Swamy speaks about co-inmates, life behind bars

27/04/2021

The Indian Express / by Sadaf Modak

Swamy, who turned 84 on Monday, was arrested on October 8, last year, from Ranchi by the National Investigation Agency (NIA) for his alleged role in the Elgaar Parishad case.
From his daily routine to the experiences of his co-inmates in jail, Jesuit priest and tribal rights activist Father Stan Swamy’s communication through letters and phones calls with his colleagues and friends gives a glimpse into the 200 days spent in jail by the country’s oldest prisoner arrested in a terror case.
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Release Sudha Bharadwaj And Others Framed in Bhima Koregaon Case, Demand Friends & Family

Release Sudha Bharadwaj And Others Framed in Bhima Koregaon Case, Demand Friends & Family

By Sudha Bharadwaj’s Family & Friends

RELEASE SUDHA BHARADWAJ AND OTHERS FRAMED IN BHIMA KOREGAON CASE
CALL FOR INDEPENDENT TIME-BOUND PROBE INTO HACKING CLAIMS

Press Note
US cyber forensics firm, Arsenal Consulting has released a second report reaffirming the planting of ‘incriminating documents’ into Rona Wilson’s (a co-accused in the case) computer through use of an external malware. Crucially, one of the incriminating documents relied upon by the prosecution against Sudha Bharadwaj was found on Rona Wilson’s computer. In its report Arsenal Consulting has claimed that this document was remotely planted.

This report only substantiates what Family and Friends of Sudha Bharadwaj have consistently and independently maintained since the first raid in her house on 28th August 2018 that she is innocent and has been incarcerated for nearly three years on the basis of fabricated evidence. …

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Vernon Gonsalve’s third birthday in a crowded jail

Vernon Gonsalve’s third birthday in a crowded jail

By Sagar Abraham-Gonsalves @ fb

Yesterday was my father’s birthday. For a third year he spent it in a crowded jail and for a second year in a row he did so under the serious threat of a pandemic out of control. The threat seems far more severe this year and he, now aged 64, still very much falls in the category of vulnerable people. In the absence of an individual, memories are what we tend to hold onto and so I thought of sharing a memory from his earlier birthday in prison in 2019. …

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Bhima Koregaon case shows ‘deteriorating democracy’ in India: Panelists at US congressional briefing / Watch video

Bhima Koregaon case shows ‘deteriorating democracy’ in India: Panelists at US congressional briefing / Watch video

Bhima Koregaon case shows ‘deteriorating democracy’ in India: Panelists at US congressional briefing

23/04/2021

Scroll.in / by Scroll Staff

This came after a Massachusetts-based digital forensics firm found further evidence that 22 letters were planted in activist Rona Wilson’s laptop.
A US congressional briefing held by a coalition of Indian American and human rights organisations on Thursday said that the Bhima Koregaon violence case was a clear evidence of “deteriorating democracy” in India. The briefing took place on Thursday after a new report from a United States-based digital forensics firm revealed that a hacker planted 22 additional incriminating documents in activist Rona Wilson’s laptop.
Read more

Video: India’s Most Important Human Rights Defenders Incarcerated Without Trial

20/04/2021


en |1h30min | 2021

By Hindus for Human Rights

Congressional briefing
April 22, 2021
On February 10, Washington Post showed how renowned human rights defenders in India were incarcerated on the basis of forged files planted using malware. Hear experts on digital forensics and human rights speak about the landmark Bhima-Koregaon case, seen as the most significant test case for human rights and rule of law in India.
This Thursday, HfHR and our partners are hosting a Congressional Briefing on the #BhimaKoregaon case, in which Indian human rights activists have been incarcerated on the basis of forged evidence.
Watch video

There Is No Case. Release the Bhima Koregaon 16 and Compensate Them

There Is No Case. Release the Bhima Koregaon 16 and Compensate Them


by American Bar Association Justice Defenders Program (April 22):
+++ We are extremely concerned regarding further reports of evidence tampering to incriminate the #BhimaKoregaon activists and continue to call for their immediate release +++
We previously facilitated the work of @ArsenalArmed to conduct a forensic review of a computer seized by police and used as evidence in the #BhimaKoregaon cases. The report finds that an attacker used malware to infiltrate the laptop, depositing at least 10 incriminating letters +++
The latest report by Arsenal, facilitated by the Center, finds that 22 additional documents were also delivered to the computer by the same attacker +++
In light of the discovery of malware used for evidence tampering, we continue to call for the immediate release of all #BhimaKoregaon defenders +++ Our preliminary report on the #BhimaKoregaon cases identified potential procedural irregularities and possible fair trial violations +++ / Read preliminary report (Oct 2019) here (PDF)

There Is No Case. Release the Bhima Koregaon 16 and Compensate Them

22/04/2021

The Wire / by Jignesh Mevani and Meena Kandasamy

A second report released on April 21, 2020 by Arsenal Computing contains more damning evidence of how files were planted on Rona Wilson’s computer.
It is a year since we jointly authored an op-ed denouncing the arrest of Professor Anand Teltumbde on Ambedkar Jayanti.
We highlighted the fact that his incarceration in the Bhima Koregaon case had less to do with any so-called conspiracy, and more to do with his Dalit-centred Marxist politics, which was seen as a direct threat to the corporate-Manuvadi government of Modi.
Read more