Solidarity – Page 17 – free them all

The SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is Significant – Various Statements

30/07/2023 Asha

Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here?

05/08/2023

The Leaflet / by Sarah Thanawala

The recent Supreme Court judgment granting bail to Vernon Gonsalves and Arun Ferreira after five years of incarceration without trial reiterates several established principles of law for the protection of individual liberty and overturns the infirmities in Zahoor Ahmad Watali and Arup Bhuyan (2023), but will it have a ripple effect on the cases of the more than four lakh undertails incarcerated in Indian prisons?
… the bail judgment holds that the letters recovered from the other co-accused persons, witness statements, or the mere possession of literature propagating violence or promoting the overthrow of democratically elected government, does not prove that the two accused were involved in terrorist acts within the definition of the UAPA.
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Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant

30/07/2023

The Wire / by Mihir Desai

The judgment has substantial implications not just for the others still in jail in the Elgar Parishad case but also for the bail jurisprudence in UAPA cases.
The restrictive bail provisions of the Unlawful Activities (Prevention) Act have been widely used to deny personal liberty to activists, students, journalists and others.
… It is in this context that the July 28 bail judgment of the Supreme Court in Vernon Gonsalves and Arun Ferreira’s case needs to be seen. Undoubtedly for the two of them, who have been in jail for nearly five years, it has immense significance. But what should not be lost sight of is that the judgment also has substantial implications not just for the others still in jail in the Elgar Parishad case but also for the bail jurisprudence in UAPA cases.
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Not Thwarted by Watali: Why Bail for Vernon Gonsalves & Arun Ferreira Matters

01/08/2023

The Quint / by Mekahala Saran

The Supreme Court judgment flatly refuses to accept the prosecution’s submissions without its own analysis.
In the days that followed Father Stan Swamy’s demise in 2021, the Bombay High Court is believed to have noted that he was “a wonderful person”. The eighty-four year old, a UAPA accused in the Bhima Koregaon case, was awaiting bail at the time of his death.
… So, when his co-accused Vernon Gonsalves and Arun Ferreira were finally granted bail, with the apex court shredding the prosecution’s case for their continued incarceration, Fr Stan Swamy’s friend Fr Joseph Xavier told The Quint that Fr Swamy would have been “very happy and proud to hear of this”, had he been alive.
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On merits: On the Bhima Koregaon violence case

31/07/2023

The Hindu / Editorial

Following the Supreme Court bail order, the Bhima Koregaon case needs a re-look.
The Supreme Court order granting bail to activists Vernon Gonsalves and Arun Ferreira demonstrates how even under a stringent anti-terrorism law, denial of bail need not be the norm, and a preliminary assessment can lay bare the weaknesses of a police case. It is difficult for someone arrested under serious provisions of the Unlawful Activities (Prevention) Act (UAPA) to get bail.
… This is the first time in the Bhima Koregaon violence case, in which activists and lawyers were arrested in 2018 on the charge of being part of a Maoist conspiracy, a court has recorded a finding that the accusations may not be true.
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Indian Church leaders welcome grant of bail to activists

31/08/2023

UCA News / by Michael Gonsalves

Arun Ferreira and Vernon Gonsalves with Father Stan Swamy and others were accused of plotting to overthrow government
Church leaders and rights activists have hailed the bail granted by India’s top court to co-accused of the late Jesuit priest Father Stan Swamy, booked under a terror-related law.
India’s Supreme Court granting bail to lawyer Arun Ferreira and trade unionist Vernon Gonsalves “is indeed a significant move,” Father Nicholas Barla, secretary of the Catholic Bishops’ Conference of India (CBCI) Commission for Tribal Affairs, told UCA News.
It will boost the morale of the other “activists working for the rights of tribal people, forest-dwellers, and Dalits (former untouchables),” he said.
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What Next after the Vernon Gonsalves Judgment

30/07/2023

The Proof of Guilt / by by Abhinav Sekhri

A Division Bench of the Supreme Court has allowed appeals filed by Vernon Gonsalves and Arun Ferreira [Reported as Vernon v. State of Maharashtra, Crl. Appeal No. 639 / 2023 (Decided on 28.07.2023) (“Vernon”)] which challenged the dismissal of their bail applications by the Bombay High Court, and has directed that they must be released on bail. The judgment comes almost five years after their arrests, and has been welcomed as a ray of light in what is possibly one of the darkest corners of present Indian jurisprudence — grant of bail in cases under the Unlawful Activities (Prevention) Act 1967 (“UAPA”). I need not elaborate the reasons for this praise for Vernon here, all of which is merited, as these have been comprehensively discussed on the ICLP Blog. Instead, I wish to flag the challenges ahead that must be resolved to make sure that the judgment in Vernon is not reduced to a forgotten relic by the sands of time.
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Recovering the Basics: The Supreme Court’s Bail Order in Vernon Gonsalves’ Case

29/07/2023

Indian Constitutional Law and Philosophy / by Gautam Bhatia

Over the last decade, the bail provisions of the Unlawful Activities Prevention Act [“UAPA”] have been one of the most significant sites of constitutional struggles for personal liberty and State impunity (see and ). A number of convergent factors (as discussed by Abhinav Sekhri in ) are responsible for this: the UAPA’s broadly-worded provisions (e.g. “membership” of terrorist gangs) lowers the threshold for initial arrest and custody, and the pace of the trial process means that years will pass before a final determination of guilt or innocence. In that context, bail is the only remedy that stands between an individual and a decade in jail without trial.
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‘Brings Hope, But…’ Bhima Koregaon Families React to Gonsalves, Ferreira Bail

29/07/2023

The Quint / by Fatima Khan & Mekhala Saran

The Supreme Court has granted bail to Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon case.
Even as the Supreme Court granted bail on Friday, 28 July, to two accused in the Elgar Parishad case, Vernon Gonsalves and Arun Ferreira, the families of the other accused in the same case said that the verdict inspired some hope “but should not be celebrated too much.” Moreover, some even questioned the “insensitive bail conditions.”
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Also read:
● Why the Bombay High Court granted regular bail to Dr. Anand Teltumbde: An explainer (The Leaflet / Dec 2022)
● A Professor’s Supreme Court Bail Hearing Is A Bellwether Case For Govt’s Use of India’s Anti-Terror Law (article14 / Nov 2022)

Three years ago on this day Hany Babu was arrested in the infamous Bhima Koregaon case

28/07/2023 Asha

Three years ago on this day, around 4.30 in the evening, Hany Babu was arrested in the infamous Bhima Koregaon case

28/07/2023

By Jenny Rowena @ insta

Three years ago on this day, around 4.30 in the evening, Hany Babu was arrested in the infamous Bhima Koregaon case.
Today, so many marginalised students miss a teacher who always stood by them, and so many more who could have gained from the way he interrogated the elite brahminical pedagogy of the English department are denied of his presence.

And my daughter and me, miss a father and husband who was so deeply committed to us. And was always growing together with us.

Yet in one sense, Babu’s incarceration is just one among the many cruel injustices happening around. A sign of the times when the Savarna Hindu State is destroying whole communities and regions and has invaded even the insulated university space, and is crushing any kind of oppositional voice that stands in its way. But in another sense, this is our very own personal pain. Which cannot be conveyed in words. But we are not defeated, and Babu is doing all that he was doing outside, inside in prison too – reading, writing, teaching and helping inmates to fight their cases.

I do not know what exactly we need to do to gain Babu’s release and the release of so many other political prisoners who have all been punished for their public stances of resistance. No campaign and no pressure seem to touch this government and the violent and blood thirsty groups that support it. Sometimes it’s easy to fall into despair. But that’s not how political prisoners live. They live with the power of being on the side of compassion and justice. With the solidarity and prayers of those who bravely stand with them in this. And the undying intellectual curiosity that I see in each of the Bhima Koregaon people, and Babu, really makes it clear that prisons are never enough to crush some people. And that they will come out of this stronger and better than before. And till then, some of us will continue to fight for their release.

In whatever way you can, please support us in this.

Hany Babu completes three years in prison, “we are not defeated,” says wife Jenny Rowena

28/07/2023

Maktoobmedia.com / by Maktoob Staff

Delhi University professor and noted academic Dr. Hany Babu, who is one of the UAPA prisoners in the Bhima Koregaon-Elgar Parishad case, completed three years of incarceration on Friday, 28 July, 2023.
On 28 July, 2020, the National Investigation Agency arrested Babu, an anti-caste activist and a staunch proponent of social justice.
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National Campaign to Defend Democracy: 5 years of unjust incarceration under fabricated evidence

24/07/2023 Asha

Counterview / by National Campaign to Defend Democracy

…
The National Campaign to Defend Democracy which is a coalition of over 100 organisations working on human rights issues would like bring to your attention the situation of five years of unjust incarceration under false and fabricated evidence of some of India’s finest intellectuals, thinkers, activists and lawyers.
This injustice which goes by the name of the Bhima Koregaon – Elgar Parishad Conspiracy case – started its nightmarish journey five years ago. Even as of today, 16 noted academics, intellectuals, lawyers, writers, poets, activists, stand charged with conspiring to overthrow the elected government, indulging in terrorist acts, sedition etc., although the evidence the back these tall claims of high treason is still absent.
Read full statement

Also read:
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / July 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Telangana turns into experimental theatre to misuse suppressive laws: CASR meet

24/07/2023 Asha

Counterview / by Our Representative

Speakers at a media conference, organised by the civil rights network Campaign Against State Repression (CASR), even as discussing “suppression of democratic voices” using suppressive laws in the light of the Tadwai case, where 152 activists of Andhra-Telangana were named under the anti-terror Unlawful Activities (Prevention) Act (UAPA), have demanded repeal of the “draconian” law.
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Also read:
● Blatant use of UAPA by Telangana Police to suppress dissenting voices (Countercurrents / June 2023)
● Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others (The Wire / June 2023)
● The Govt is out to silence Dissenters through Arrests: Justice Hosbet Suresh (Sabrangindia / Oct 2018)

Will India care for human rights by releasing undertrial activists ahead of G20 summit?

21/07/2023 Asha

Counterview / by Bharat Dogra

India has a very rich tradition of opposing wrongly arrested persons, going back to the days of the freedom movement…
Hence, ahead of the Independence Day, it would be a much appreciated gesture on the part of the government if it releases several dissenting activists, including distinguished scholars and lawyers, who are widely believed to have been wrongfully arrested or implicated in wrong cases. To give one often discussed example of what is widely believed to be a case of wrongful arrests, we may mention here the Elgar Parishad case.
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Also read:
● 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)
● Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive (Scroll.in / Dec 2021)

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

12/07/2023 Asha

Bacha Singh, Damodar Turi during protests

Counterview / by Counterview Desk / FACAM

Civil rights group Forum Against Corporatization And Militarization (FACAM), even as condemning the alleged harassment of Jharkhand activists by the National Investigation Agency (NIA), has said that they are being intimidated because they have “opposed corporate loot of people’s resources.”
…
It is a malicious plot of the state machinery to suppress democratic voice against corporate loot and displacement of adivasis
Among Bhima Koregaon political prisoners, most were actively opposing the state-corporate expropriation of people’s resources, displacement and state repression. Father Stan Swamy himself played an instrumental in formation of Visthapan Virodhi Janvikas Andolan (VVJA) and was active in Pathalgadhi Movement to ensure the autonomy and sanctity of gram sabha.
Read full statement

Also read
● Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)
● This Organisation In Jharkhand Is Holding The State Accountable (Youthkiawaaz / April 2022)
● NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)

Various statements to commemorate Stan Swamy’s death anniversary / Justice for the BK16!

06/07/2023 Asha

Father Stan Swamy Died As A UAPA Martyr; But Political Prisoners Continue To Suffer Without Bail

08/07/2023

Live Law / by Awstika Das

Two years ago, on July 5, Father Stan Swamy died as an undertrial prisoner in the Bhima Koregaon case after 270 days of incarceration. The 84-year-old Jesuit priest and tribal rights activist – arrested over alleged links to Naxals – was the country’s oldest inmate charged under the anti-terror law, the Unlawful Activities (Prevention) Act. “But we still sing in chorus. A caged bird can still sing,” he famously wrote in a letter from jail. But a storied life – of fighting injustice and defending human rights – came to a poor, undignified end, as Swamy battled not only with advanced Parkinson’s disease and coronavirus while awaiting trial, but also the apathy of the State that denied him basic amenities like socks, a sweater, and a blanket to stave off the cold of his jail cell, and a a straw and a sipper to drink water.
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Father Stan Swamy remembered in Bengaluru on second death anniversary

07/07/2023

The indian Express / by Express News Service

Father Frazer Mascarenhas, the former principal of St Xaviers College in Mumbai, in whose care Fr Swamy was in his last days, termed the Jharkhand-based activist as a committed Jesuit and scholar and recalled his activism towards the welfare of the tribal communities.
Father Stan Swamy, the Jesuit priest who died while in judicial custody in connection with Elgaar Parishad case, was remembered on his second death anniversary at an event held in Bengaluru on Wednesday.
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Panel discussion on civic literacy held to commemorate Father Stan Swamy’s second death anniversary

06/07/2023

The Telegraph / by Pheroze L. Vincent

Swamy, an 84-year-old Jesuit activist from Jharkhand, died of post-Covid complications while in judicial custody in Mumbai
The second death anniversary of Father Stan Swamy, who died in custody while awaiting trial in the Elgaar Parishad-Maoist links case, was commemorated with a panel discussion on “Civic Literacy and Political Participation” at the Jawahar Bhawan auditorium in the capital on Wednesday.
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‘Withdraw Bhima Koregaon case’: Activists demand after 2 yrs of Stan Swamy’s death

06/07/2023

The Siasat Daily / by News Desk

84-year-old Jharkhand-based tribal rights activist Father Stan Swamy passed away while in custody for his alleged role in the Bhima Koregaon case.
Shaheed Father Stan Swamy Nyay Morcha, an umbrella organisation of various social outfits in Jharkhand, on Wednesday called for the withdrawal of the Bhima Koregaon case and the immediate release of the arrested.
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Pic shared by Abhinay Lakshman / @al_lakshman

Jharkhand social activists demand action against culprits of Stan Swamy’s death in judicial custody

05/07/2023

Lagatar News / by Raj Kumar

Ranchi, July 5: Shaheed Father Stan Swamy Nyay Morcha today organized a tribute-cum- resolution meeting in front of Raj Bhawan on the occasion of second martyrdom day of the father, whom the NIA had arrested on October 8, 2020 from Ranchi for delivering a hate speech. Later, he died on July 5, 2021 while going for treatment to a Mumbai hospital in judicial custody.
Many social workers and representatives of various organizations and political parties from different districts, including Ranchi participated in it. They demanded action against the culprits of Stan’s death in judicial custody.
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Activists urge Indian president to clear Stan Swamy’s name

06/07/2023

UCA News / by UCA News reporter

Tributes flow on the second death anniversary of the late Jesuit priest, who was falsely charged with terror-related laws
A group of rights activists in India have urged President Droupadi Murmu to withdraw terror-related cases against late Jesuit Father Stan Swamy and 15 other accused in the 2018 Bhima Koregaon violence case.
“It is a false case registered against Father Swamy and others and it should be withdrawn,” said Father Antony P.M, a social activist at a gathering to mark the second death anniversary of the priest, on July 5 in the eastern Jharkhand state. Tributes were paid to the Swamy across the country.
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Bring legislation against custodial torture, activists urge TN government

05/07/2023

The New Indian Express / by By Palanivel Rajan C

“Leaders’ rhetoric against custodial tortures will do no good on the ground, where plausible changes ought to be done in the police stations where the most number of such incidents take place.”
TIRUCHY: On the second death anniversary of tribal rights activist Stan Swamy who died in jail after being arrested in the Bhima Koregaon case and after being consistently denied bail, activists and outfits in the state have called out for an Act called ‘Tamil Nadu Prevention of Custodial Torture Act’.
Read more

Also read/watch:
● Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused (July 5, 2023)

● Remembering Father Stan and demand justice for the BK-16! (July 5, 2023/ PUCL)

en / hindi | 2:49:57 | 2023
Watch recording

Video: Remembering Father Stan and demand justice for the BK-16!

05/07/2023 Asha

Remembering Father Stan and demand justice for the BK-16!

05/07/2023

By People’s Union for Civil Liberties (PUCL) / fb Videos

Announcement
Join us to remember Father Stan Swamy, and demand justice for his institutional murder.
We will have family members and friends of the accused in the Bhima Koregaon case, speak about the experience of the prison conditions and this unjust prolonged arrest.
We will also be joined by political leaders, international human rights organisations and lawyers, to help take the campaign forward to defend democracy!
Repeal UAPA!
Release all political prisoners!

en / hindi | 2:49:57 | 2023
Watch recording

Let’s Not Forget Father Stan Swamy!

08/07/2023

Rediff.com / by Jyoti Punwani

The tributes to Father Stan by his associates and his co-accused (which were read out) provided a clue to why his death continues to touch so many.
“We don’t want this to be forgotten or forgiven.” — senior advocate Mihir Desai.
“Do not forget, do not forgive.” This theme ran through the Zoom meeting organised by the National Campaign to Defend Democracy, a coalition of human rights groups, on the second anniversary of Father Stan Swamy’s death.
Read more

Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy

05/07/2023

People’s Union for Civil Liberties fb Videos / by Ashirvad and PUCL Karnataka

Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy
Fr. Frazer, Dr. V Suresh and Maitreyi

en | 18:19min | 2023
Watch recording Part 1

en | 1:07:37 | 2023
Watch recording Part 2

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

05/07/2023 Asha

In a Letter From Jail, Stan Swamy’s Co-Accused Ask President Murmu to Stand Up for What Is Right

05/07/2023

The Wire / by The Wire Staff

Today is Father Stan Swamy’s second death anniversary.

Two years ago on this day, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy breathed his last while in custody. His death exposed the state’s negligence and inability to protect prisoners. Swamy, a Parkinson’s patient, spent close to a year in jail, deprived of the most basic facilities – one of which was a sipper to drink water from.

On his second death anniversary, 11 of his co-accused (Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Hany Babu, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap) – all human rights activists and academics – write a letter to President of India Draupadi Murmu, who belongs to the tribal community that Swamy worked very closely with. Murmu, who recently spoke passionately about the conditions of Indian prisoners, was the governor of Jharkhand when Swamy’s organisation, Bagaicha, was raided and eventually he was arrested by the National Investigation Agency.
Along with the letter, the still-arrested human rights defenders also announced their one-day symbolic hunger strike in Mumbai’s Taloja and Byculla jails, where they are presently lodged.
The full text of their letter to the president is below.
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Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive

05/07/2023

Scroll.in / by Vernon Gonsalves

A fellow prisoner’s recollections of the Jesuit priest, who died on July 5, 2021.

“…I am ready to pay the price, whatever be it. But we will sing in chorus. A caged bird can still sing.”
– Father Stan Swamy

When Stan Swamy, in his last message before landing in Navi Mumbai’s Taloja Central Prison in October 2020, declared that a “caged bird can still sing”, he was not talking about the tunes prisoners sing in jail. He had then not been imprisoned before that and was probably not acquainted with prison-singing in its various forms.
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On Father Stan Swamy’s second death anniversary, two letters, a painting and the triumph of memory against forgetting

05/07/2023

The Leaflet / by Sarah Thanawala

Father Stan Swamy’s death was an international shock the ripples of which can still be felt, and a blot on the record of a State that treats criminal justice as its plaything. His legacy is treasured by his co-accused in the Bhima-Koregaon case inside the prison, and everyone who stands for justice and democracy outside the prison.
… The 11 incarcerated accused persons in the Elgar Parishad case are set to go on a day-long hunger strike today. They pen an imaginary letter from Swamy to the President of India Droupadi Murmu, terming it “Prayers that never came to be”.
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“Hopefully waiting” writes Shoma Sen from prison

07/07/2023

InSAF India / by Shoma Sen

This handwritten note by Shoma Sen marks five years in prison for the activist and academic.
As we enter the sixth year of our incarceration the predominant feeling over the last five years is that of waiting. From waiting for default bail in the seventh month of our imprisonment, most of us are still waiting. In jail, we sit there waiting for court dates, waiting for mulakaat, waiting for the newspaper, waiting for bail and for the jail God called Memo. In jail, our sense of time itself gets warped. When a lawyer tells a prisoner that she will get bail in one or two days, it may actually mean one or two years. 24 hours of clock time could mean 24 months in judicial time.
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I Am Not A Mute Spectator – Conversation with four Jesuit priests

05/07/2023 Asha

Asianspeaks / by Rejaz M Sheeba Sydeek

… Rejaz M Sheeba Sydeek had a conversation with four Jesuit priests, Fr. Cedric Prakash, Fr. Joseph Xavier, Fr. Frazer Mascarenhas, and Fr. Martin Puthussery, who were known to Stan and were outspoken against his extra judicial murder.

Rejaz: Several Christian clergymen were executed for opposing fascism during Hitler’s regime in Nazi Germany. Can we equate those institutional murders with Fr. Stan Swamy’s who was killed in India during Narendra Modi’s RSS led Brahmanic hindutva fascist regime because he was working for the liberation of the oppressed?

Fr. Cedric Prakash: Yes, we certainly regard the death of Fr. Stan Swamy as an institutional murder. Fr. Stan we all know accompanied the poorest of the poor, the excluded, and the exploited, the Adivasis and the Dalits in their struggle for a more humane, just, dignified, and equitable life. In doing so he had to take on the most powerful of the land like the politicians, the crony capitalists, the mining mafia, and other vested interests. Because of their illegal unconstitutional and nefarious deeds, Fr Stan was a thorn in their side. He was arrested on absolutely fabricated charges.
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