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Indira Jaising sounds alarm on democracy & dissent / India’s Anti-Terror Law and the Punishment of the Unconvicted

Indira Jaising sounds alarm on democracy & dissent / India’s Anti-Terror Law and the Punishment of the Unconvicted

Two judgments, no single standard: Why terror law UAPA’s bail threshold isn’t a straight line

21/05/2026

The Print / by Sahaj Sankaran

SC’s contradiction over bail in terror cases has revived questions over whether the stringent Watali test or the liberty-focused Najeeb ruling should guide UAPA jurisprudence.
When a two-judge Supreme Court bench Monday criticised a co-ordinate bench’s decision denying bail in January to Sharjeel Imam and Umar Khalid, both accused under the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case, the criticism raised a much broader issue: how should courts decide on bail under the anti-terror law?
… In the the 2022 Jyoti Jagtap vs NIA case, the court did not consider Najeeb at all, implicitly arguing that Najeeb had no applicability even though the defendant had been in prison for two years by that point. It took another three years for Jagtap, arrested for her alleged ties to the organisers of the 2017 Elgar Parishad event, to secure bail.
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Not defending civil society judiciary’s biggest failure Advocate Indira Jaising

19/05/2026

The Week / by pti

The judiciary’s inability to protect civil society from persecution is its “biggest failure”, writes senior advocate Indira Jaising in her new book “The Constitution Is My Home”, alleging that political opponents, activists and human rights defenders are being systematically targeted through criminal law.
… Referring to the prosecution of late Delhi University professor G N Saibaba under the Unlawful Activities (Prevention) Act (UAPA), she criticised judicial observations that shifted the focus of criminal law from “overt acts to beliefs and ideas”.
She also criticised the use of the UAPA and the sedition provision under Section 124A of the Indian Penal Code against activists and human rights defenders in cases linked to the 2020 Delhi riots and the Bhima Koregaon violence.
Read more

▪ Indira Jaising interview: Senior advocate sounds alarm on democracy & dissent in modern India

en | 19:16min | 2026
Interview by: Kanu Sarda
Camera: Sanjay Ahlawat
Editor: Syam Krishnan

In this exclusive interview with THE WEEK, Indira Jaising discusses her new memoir, The Constitution Is My Home, and shares her thoughts on the biggest constitutional and judicial challenges facing India today. From the Bhima Koregaon case and judicial accountability to women in the Supreme Court and the criminalisation of dissent, Jaising offers a candid and deeply personal reflection on law, democracy and power.
Watch video


India’s Anti-Terror Law and the Punishment of the Unconvicted

19/05/2026

Countercurrents.org / by Utkarsh Mishra

The statistics released by the government paint a troubling picture. From 2019 to 2023, India arrested 10,440 individuals using its strictest anti-terror law, but only 335 were convicted. This number didn’t come from a human rights organisation; it was shared by the Union Home Ministry itself during a session in Parliament in December 2025. The National Crime Records Bureau put together these figures, and it amounts to a mere 3.2% conviction rate.
Read more


Also read:
Voices From Prison | A Legacy Of Detention: Weaponisation Of PDA, TADA, NSA And UAPA Laws Since Independence (Outlook / Jan 2026)
Unlawful: Editorial on the Bhima Koregaon case and denial of liberty under UAPA (The Telegraph / Feb 2026)
Inside the NIA’s ‘Perfect’ Conviction Record: How Coercive Detentions Are Driving Guilty Pleas (The Wire / Dec 2025)
Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’ (article 14 / Dec 2025)
Legal experts call for a repeal of UAPA over misuse and rights violations (Frontline / May 2024)


▪ Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Umar Khalid: A Prisoner of Conscience

Umar Khalid: A Prisoner of Conscience

The Wire / by Clifton D’ Rozario

This is a speech by from a book discussion on ‘Umar Khalid and His World’ held on April 28, 2026 at BIC, Bengaluru.

Whether it is Bhima Koregaon, or the anti-CAA protests or Adivasi struggles, Unlawful Activities  (Prevention) Act has become the toolkit to imprison dissenters. The UAPA stands as one of the most  enduring remnants of colonial rule. Under the British laws of this nature existed for one purpose alone:  to criminalise resistance and imprison those who dared to speak against the coloniser. It is a matter of  profound shame that more than 75 years after Independence, in a Republic that claims fidelity  to liberty, constitutional morality and democratic dissent, the State continues to preserve and  weaponise the very architecture of repression once used by our oppressors.
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▪ UMAR KHALID AND HIS WORLD: an anthology


Editors: Anirban Bhattacharya, Banojyotsna Lahiri, Shuddhabrata Sengupta
Publisher: Three Essays Collective
Publication date: Feb 2026
Pages: 340

This is an anthology of writings on and by Umar Khalid, edited by his friends, highlighting his ideas and the events that have been defining moments in his journey since he was imprisoned. In the process it underscores the injustice where the trial itself is punishment, the widespread support and sympathy for Umar Khalid, and the perfidy of the State. In talking of his world rather than just him, it also brings to life the related dimensions of democracy and authoritarianism, and that he is one among many prisoners of conscience. The book has contributions from eminent intellectuals, among them scholars, mediapersons, lawyers and human rights activists, as well as other prisoners under UAPA, and is enriched with songs and poetry of the anti-CAA-NRC protests, and statements and tributes from friends and family members.

Read more/order


Also read:
Shadows of Judicial Indiscipline: On the Supreme Court’s bail denial to Umar Khalid and Sharjeel Imam (The Leaflet / Jan 2026)
Voices From Prison | A Legacy Of Detention: Weaponisation Of PDA, TADA, NSA And UAPA Laws Since Independence (Outlook / Jan 2026)
Incarceration As Politics: A Timeline Of Political Prisoners In Independent India (Outlook / Jan 2026)
Who Is a ‘Political Prisoner’? Rona Wilson Says Caste and Religion Are Key to the Answer (The Wire / Feb 2025)
Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’ (article 14 / Dec 2025)
How The Indian Prison System Denies Basic Freedoms, Rights And Dignity To Political Prisoners (The Polis Project / Jun 2024)

Remembering Stan Swamy: Justice, Adivasi Rights, and the Politics of Criminalisation

Remembering Stan Swamy: Justice, Adivasi Rights, and the Politics of Criminalisation


pachaiyammal / @Shravs_Dalit (Apr 26):
Remembering Father Stan Swamy on his Birth Anniversary


Remembering Stan Swamy: Justice, Adivasi Rights, and the Politics of Criminalisation

27/04/2026

Countercurrents.org / by Dr Suresh Khairnar

The special constitutional protections granted to Adivasis under the Fifth and Sixth Schedules are steadily being eroded. The death of Stan Swamy stands as a stark reminder of this trajectory, raising serious concerns about the treatment of those who defend these rights.
In the Bhima Koregaon case, in which the NIA arrested him in October 2020, Stan Swamy had never visited Bhima Koregaon. There is no credible basis for linking him to the Elgaar Parishad. The Parishad itself was a coalition of more than 200 social organisations from Maharashtra, formed solely to commemorate the 200th anniversary of the Bhima Koregaon Victory Day on 1 January 2018. I was personally associated with it as president of the Rashtra Seva Dal.
Read more


Shared by Parakala Prabhakar @parakala

Jharkhand Janadhikar Mahasabha / @JharkhandJanad1 (Apr 25):
Today Mahasabha and Bagaicha, as part of two day Stan Swamy anniversary, organised discussions with activists and political reps and a press con on SIR and the worsening of electoral systems. @parakala was the main speaker. We also released a pamphlet for mass dissemination.


#AdivasiLivesMatter @AdivasisMatter (Apr 26):
Remembering Stan Swamy voice for Adivasis, justice & jal jangal zameen. Johar.
#StanSwamy #TribalRight


Also read:
Jharkhand Special Intensive Revision: Economist Warns of ‘Bloodless Political Genocide Amidst Transparency Converns (Times of India / Apr 2026)
Father Stan Swamy died of natural causes, Maharashtra government tells court (India Today / Oct 2025)
NIA opposes plea to clear Stan Swamy’s name, says it would set wrong precedent (India Today / Sep 2025)
I saw firsthand how callous prison officials and their negligence led to Stan Swamy’s death (Scroll.in | by Arun Ferreira | Jul 2025)
Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations (The New Indian Express / Sep 2023)
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 2022)
How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in | by Arun Ferreira | Aug 2021)
Rashtra Seva Dal’s Inquiry Report into Bhima-Koregaon Riots (SACW/Jan 2018)

▪ I am not a Silent Spectator – Why Truth has become so bitter, Dissent so intolarable, Justice so out of reach – An Autobiographical Fragment, Memory and Reflection (Indian Social Institute / Aug 2021)

Edition: Aug 2021
Publisher: Indian Social Institute, Bangalore
Language: English
Paperback: 149 pages

‘Why truth has become so bitter, dissent so intolerable, justice so out of reach?’ because truth has become very bitter to those in power and position, dissent, so unpalatable to the ruling elite, justice, so out of reach to the powerless, marginalised, deprived people. Yet, truth must be spoken, right to dissent must be upheld, and justice must reach the doorsteps of the poor. I am not a silent spectator. This booklet is not my autobiography. It is rather a collation of some glimpses/episodes from my life that somehow made a difference for me, and possibly for my confrères, colleagues and the people with whom I have shared my life.

Access a free PDF copy of the book here

OIAD: Surendra Gadling kept in prolonged detention for 8 years

OIAD: Surendra Gadling kept in prolonged detention for 8 years

Pic credits: IAPL

Protect-lawyers.org / by Observatoire International des Avocats en Danger (OIAD)

Mr Surendra Gadling is a lawyer specialising in the defence of human rights and marginalised communities, particularly Dalits and indigenous peoples in India. He has been held in detention for nearly eight years in connection with the Bhima Koregaon case. He is now the only defendant still in prison – the other fifteen people prosecuted in this case have been released on bail.
Gadling was arrested in 2018 and is one of a group of human rights defenders prosecuted for their alleged involvement in violence that occurred in Bhima Koregaon. Several organisations believe that these prosecutions are in fact targeting committed activists and denounce the charges as baseless.
Mr Gadling is also being prosecuted in another case linked to a fire at a mining site in Surajgarh. According to several lawyers, inconsistencies have been identified in the complaint (including the absence of evidence linking him directly to the incident).
Read full statement


Also read:
7 yrs in jail, charges framed against Surendra Gadling in Surajgarh arson case. What Bombay HC told SC (The Print / Apr 2026)
IAPL demands release of advocate Surendra Gadling from Maharashtra jail (The Sisat Daily / March 2026)
Public Meeting at Press Club of India Demands Release of People’s Lawyer Surendra Gadling (The Mooknayak / March 2026)
IAPL press note about arrest of Advocate Gadling & other people’s activists (Sanhati / June 2018)
Encountering Resistance – State Policy for Development in Gadchiroli (PUDR / June 2018)

The End of Naxalism, the End of Accountability

The End of Naxalism, the End of Accountability

Graphic credits: virasam.org

The Wire / by Nandini Sundar

As the government claims victory over the CPI (Maoist), a more consequential defeat is being obscured: the collapse of constitutional accountability and the normalisation of impunity.

Among the many ironies of this confused and legally directionless ‘end of Naxalism’, is the fate of those arrested on charges of being Maoist sympathisers. At one end, we have the human rights lawyer Surendra Gadling who has been in jail since 2018, along with the rest of the BK 16 who are out on bail but still suffer from a protracted trial despite ample proof that police ‘evidence’ was fabricated. At the other end, the youth leaders of the Moolvasi Bachao Manch in Bastar, like Raghu Midiyami, Suneeta Pottam and others, have been jailed for over two years under UAPA, along with some other 40 activists at different times. Even simple rights like an operation to fix Raghu Midiyami’s broken finger are being resisted by the NIA. The MBM waged an entirely constitutional struggle, invoking the 5th Schedule of the Constitution and PESA to defend their lands. Evidently a peaceful movement of locals, in the face of an intensified mining push, is now a greater threat to the national security state than even the Maoists.
Hundreds of other innocent Adivasis continue to languish in jail, going through the tortuous legal system. Stan Swamy was targeted because his PIL in the Jharkhand High Court, based on interviews with 102 undertrials, showed that 97% of those arrested on charges of being Maoist actually had no relation to them.
Read more


Also read:
7 yrs in jail, charges framed against Surendra Gadling in Surajgarh arson case. What Bombay HC told SC (The Print / Apr 2026)
Voices From Prison | Half-Freedom For Adivasis Jailed On Maoist Allegations (Outlook / Jan 2026)
Voices From Prison | From Forest To Prison, When Security Laws Criminalise Adivasi Resistance (Outlook / Jan 2026)
Will anti-Naxal drive pave way for mining giants? (The New Indian Express / May 2025)
Top intellectual targeted for role as anti-displacement activist, opponent of ‘corporate loot’ (Sep 2024)
Who Is Suneeta Pottam, the Tribal Rights Activist Picked up for Unknown Cases Earlier This Month? (The Wire / Jun 2024)
Encountering Resistance – State Policy for Development in Gadchiroli (PUDR / June 2018)
▪ Condemn the State Sponsored Massacre Scripted as ‘Encounter’ in Gadchiroli and Bijapur in Central India (wssnet.wordpress.com / May 2018)
A study of Undertrials in Jharkhand (Sanhati / by Bagaicha Research Team / Feb 2016)

Convention in Ludhiana raises concerns over detentions, rights issues

Convention in Ludhiana raises concerns over detentions, rights issues

Pic credits: Counterview

Countercurrents / by Harsh Thakor

A convention organised by the Democratic Front Against Green Hunt, Punjab, was held to mark April 8 as a day opposing what participants described as “draconian laws” and to commemorate the legacy of Bhagat Singh, Sukhdev and Rajguru.
Resolutions presented by Jaswinder Phagwara were adopted at the convention. … Additional demands included the release of activists and intellectuals in cases such as Bhima Koregaon, the Lucknow conspiracy case and the Delhi violence cases, the release of undertrials and convicts who have completed their sentences, protection of the right to organise and protest, and an end to alleged fake police encounters in Punjab.
Read more


Also read:
7 yrs in jail, charges framed against Surendra Gadling in Surajgarh arson case. What Bombay HC told SC (The Print / Apr 2026)
Artists, Educators, Publishers Speak Out Against ‘Rising Attempts’ to Stifle Their Voices (The Wire / March 2026)
Voices From Prison | A Legacy Of Detention: Weaponisation Of PDA, TADA, NSA And UAPA Laws Since Independence (Outlook / Jan 2026)
‘Provincial Convention against Repression’ in Barnala, Punjab (Countercurrents / Jan 2025)

The death of the 84-year-old Catholic priest, Stan Swamy, marked the end of India’s secularism

The death of the 84-year-old Catholic priest, Stan Swamy, marked the end of India’s secularism

Illustration by #bakeryprasad

Christian Post / by Azeem Ibrahim 

On July 5, 2021, Father Stanislaus Lourduswamy — an 83-year-old Jesuit priest and tribal rights activist — died in pre-trial custody in Mumbai, India.
Frail from Parkinson’s disease and a COVID-19 infection, he had spent nine months behind bars under India’s anti-terror laws, denied bail despite his deteriorating health. His alleged crime was implausible: authorities accused him of sedition and links to Maoist insurgents — charges widely derided as baseless. To many, his imprisonment and death became a symbol of a constitutional democracy being quietly hollowed out.
Read more


Also read:
The Siege of Faith: A year-long analysis of the persecution and otherisation of Christians in India (SabrangIndia / March 2026)
Conversion laws and national identity: A Jesuit response response to the Hindutva narrative (Countercurrents / Feb 2026)
Report 2025: Hate Speech Events in India (Center for the Study of Organized Hate / Jan 2026)
Indian Jesuits to continue fight to clear Father Stan Swamy’s name (UCA News / Dec 2025)
INDIA | USCIRF–RECOMMENDED FOR COUNTRIES OF PARTICULAR CONCERN (United States Commission on International Religious Freedom / 2025)
Father Stan Swamy died of natural causes, Maharashtra government tells court (India Today / Oct 2025)
Modi government’s actions against the Christian minority reveal a deep malaise within our society (Scroll.in / Mar 2022)

Prashant Bose died in custody – was linked to an alleged ‘communication’ in the Bhima Koregaon case

Prashant Bose died in custody – was linked to an alleged ‘communication’ in the Bhima Koregaon case

Prashant Bose. Pic credits: Countercurrents.org

Top Maoist dies in Ranchi, was linked to ‘plot to kill PM Modi’ in Pune case

04/04/2026

The Indian Express / by Chandan Haygunde

Bose was one of the many accused named in the Elgaar Parishad- Koregaon Bhima case by the Pune city police in 2018. He was named in connection with an alleged “Maoist communication” that mentioned a plot to kill Prime Minister Narendra Modi.
A top Maoist leader Prashant Bose alias Kishan Da, aged around 80 years, died at the Rajendra Institute of Medical Sciences (RIMS) in Ranchi on Friday. A native of West Bengal, Bose was arrested along with his wife Sheela Marandi in November 2021, and has been behind bars since then.
Read more


CASR strongly condemns the custodial murder of political prisoner Prashant Bose

04/04/2026

Countercurrents.org / by Campaign Against State Repression

The Campaign Against State Repression (CASR) strongly condemns the custodial death of octogenarian political prisoner Prashant Bose, who passed away on 3rd April at RIMS Hospital, Ranchi, Jharkhand.

CASR demands:
▪ A high-level, independent judicial inquiry into the custodial death of Prashant Bose.
▪ Immediate and adequate medical treatment for all prisoners across jails.
▪ Urgent release of all prisoners suffering from severe and life-threatening medical conditions.
Read full statement


Also read:
I saw firsthand how callous prison officials and their negligence led to Stan Swamy’s death (Scroll.in | by Arun Ferreira | Jul 2025)
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)
Elgar Parishad Case: CPI (Maoist) Leader Arrested in Jharkhand (The Wire / Nov 2021)
The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)
They were accused of plotting to overthrow the Modi government. The evidence was planted, a new report says. (Washington Post / Feb 2021)

IAPL demands release of advocate Surendra Gadling from Maharashtra jail

IAPL demands release of advocate Surendra Gadling from Maharashtra jail

Pic credits: IAPL

The Sisat Daily / by News Desk

Advocate Surendra Gadling is the only one to continue languishing in the jail in the Bhima Koregaon case, after 15 other accused have been released on bail, some with conditions.
Hyderabad: The Indian Association of People’s Lawyers (IAPL) on Monday, March 30, demanded the immediate release of it’s general secretary and eminent advocate from Nagpur Surendra Gadling, an accused in the Bhima-Koregaon and the Surajgarh mine arson cases in Maharashtra for the past eight years.
Gadling is the only one to continue languishing in jail in the Bhima Koregaon case after 15 others accused have been released on bail with some conditions. His discharge petition has been posted for hearing in the Supreme Court this week.
Read more


Also read:
Public Meeting at Press Club of India Demands Release of People’s Lawyer Surendra Gadling (The Mooknayak / March 2026)
NIA Conducts Coordinated Raids on Rights Activists Across 62 Locations in Andhra, Telangana (The Wire / Oct 2023)
First, They Came For the Lawyers… (The Wire / Nov 2019)
IAPL press note about arrest of Advocate Gadling & other people’s activists (Sanhati / June 2018)
Encountering Resistance – State Policy for Development in Gadchiroli (PUDR / June 2018)

Mumbai Innocence Network Honours Lawyers Defending Wrongfully Accused In Terror Cases

Mumbai Innocence Network Honours Lawyers Defending Wrongfully Accused In Terror Cases

March in Ottawa, Aug 2023.

Eid Milan Gathering Honours Human Rights Lawyers at Islam Gymkhana

31/03/2026

Muslim Mirror / by Muslim Mirror

A packed hall at Islam Gymkhana witnessed a festive Eid Milan that brought together over a hundred lawyers, scholars, activists, and students, culminating in the conferment of the Champions of Human Rights Award 2026 on three prominent legal practitioners.
Read more


Mumbai Innocence Network Honours Lawyers Defending Wrongfully Accused In Terror Cases

29/03/2026

Free Press Journal / by Pranali Lotlikar

The Innocence Network on Saturday felicitated activists and lawyers in Mumbai for defending individuals allegedly wrongfully arrested, especially in terror cases. At the Islam Gymkhana event, Sudha Bharadwaj highlighted challenges faced by marginalised groups, while Gayatri Singh warned against restrictive laws. Organisers said the initiative aims to raise awareness on justice and due process.
… The awards recognised individuals who have worked to uphold civil liberties and defend the rights of those accused in controversial cases. Among those honoured was Nagpur-based lawyer Surendra Gadling, who is currently in jail, and who was conferred the “Champion of Human Rights” award. Advocates M. M. Sayyad and Ibrahim Harbat were also recognised for their legal work in defending accused persons in several terror-related cases involving minority communities.
Read more


Also read:
Public Meeting at Press Club of India Demands Release of People’s Lawyer Surendra Gadling (The Mooknayak / March 2026)
Protecting the Protectors: AILAJ Demands Advocates Protection Act (The Mooknayak / Apr 2025)