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How Long Is Too Long for an Undertrial Prisoner To Be Detained?

How Long Is Too Long for an Undertrial Prisoner To Be Detained?

The Wire / by Hany Babu and Surendra Gadling

If after conviction, the term of one’s sentence can be commuted to its one-third at the executive’s will, we propose that the same formula can be adopted in fixing the maximum period for which an undertrial prisoner can be detained.

Originally published on The Proof of Guilt blog, this post was written by Hany Babu and Surendra Gadling, who have been detained in prison as ‘undertrials’ since 2018 and 2020 respectively. This piece was published simultaneously with the Indian Constitutional Law and Philosophy blog.

Dedicated to the fellow undertrial prisoners languishing in the prisons of India with the hope that the system would sooner than later wake up to their plight; and that one day prisons, if not still obsolete, would at least have become places where those proven guilty are held, and not places that incarcerate those who are presumed to be innocent.
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GN Saibaba’s death puts spotlight back on plight of incarcerated activists / Various Statements

GN Saibaba’s death puts spotlight back on plight of incarcerated activists / Various Statements

G.N. Saibaba’s 2017 Prison Letter Sheds Light on the Rights of Disabled Prisoners

17/10/2024

The Wire / by Sukanya Shantha

‘I have refused to be carried to a government hospital outside the prison because I was once treated like baggage.’
Professor G.N. Saibaba wrote a letter to disability rights activist Muralidharan from Nagpur central prison in October 2017.
It had been only a few months since Saibaba, a wheelchair user with over 90% disability, was handed a life sentence under the Unlawful Activities (Prevention) Act.
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‘Failing to grasp’ his immense pain, would GN Saibaba’s death haunt judiciary?

16/10/2024

Counterview / by Vidya Bhushan Rawat

The death of Prof. G.N. Saibaba in Hyderabad should haunt our judiciary, which failed to grasp the immense pain he endured. A person with 90% disability, yet steadfast in his convictions, he was unjustly labeled as one of India’s most ‘wanted’ individuals by the state, a characterization upheld by the judiciary. In a democracy, diverse opinions should be respected, and as long as we uphold constitutional values and democratic dissent, these differences can strengthen us.
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People, politicians pay last tributes to Sai Baba

15/10/2024

Times of India / by TNN

“Long live, long live, Sai Baba long live” slogans reverberated as people paid tributes to the former Delhi University (DU) professor GN Sai Baba on Monday. Sai Sai Baba died on Saturday while undergoing treatment for a gall bladder ailment at Nizam’s Institute of Medical Science (NIMS).
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A Decade In Jail And A Death Foretold

15/10/2024

Free Press Journal / by FPJ Editorial

The death of G N Saibaba at the age of 57 is a severe indictment of the political system and the judiciary of the country that kept the wheel-chair bound academic incarcerated for nearly 10 years under the draconian Unlawful Activities Prevention Act until he was finally acquitted of all charges by the Nagpur bench of the Bombay High Court earlier this year.
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GN Saibaba death: UAPA has no place in a democracy | Mihir Desai Inverview | Pooja Prasanna


en | 21:40 | 2024
Former Delhi University professor and activist Dr GN Saibaba, who had become a symbol of state repression, passed away on Saturday, October 12, at the age of 58. This comes just seven months after his acquittal in a UAPA case which alleged that he was involved with Maoists.
…TNM’s Pooja Prasanna spoke to senior advocate Mihir Desai on Dr Saibaba’s death, UAPA and indian prisons. Mihir Desai as been the legal counsel for many who have faced UAPA including Father Stan Swamy and Dr Saibaba
Watch video


G N Saibaba was killed by wrongful imprisonment and medical neglect

14/10/2024

Peoples Dispatch / by Peoples Dispatch

Human rights defender and academic G N Saibaba was over 90% handicapped and during his years in prison was repeatedly denied bail by the courts and denied timely treatment for his various medical issues.
Human rights defender and academic, G N Saibaba (57) died on Saturday, October 12 at Nizam Institute of Medical Sciences Hospital in Hyderabad due to cardiac arrest. His death took place merely seven months after being released from a decade of wrongful imprisonment in Indian jails.
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When the state turns rogue even protests dry up, Salutes & Apologies Professor Saibaba!

14/10/2024

Sabrangindia / by Teesta Setalvad

If there is one unique and malevolent achievement of the present Indian state in its third, albeit less armoured term, it is, how it has through its venal acts, battered down alliances and voices of protest; GN Saibaba’s death after a long and deliberately negligent incarceration is the latest of one such
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GN Saibaba’s death puts spotlight back on plight of incarcerated activists

14/10/2024

The Federal / by The Federal

Dissent is not easy in India. After his acquittal this March, Saibaba publicly said he was repeatedly tortured and subjecte to abuse while in prison
The demise of former Delhi University professor and human rights activist GN Saibaba in Hyderabad on Saturday (October 12) has once again put the spotlight on the alleged injustice and torture being faced by the activists who are in prison under various charges like having links with Maoists.
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Stan Swamy parallel in former DU professor Gokarakonda Naga Saibaba’s death after 10-year jail

14/10/2024

The Telegraph / by Pheroze L. Vincent

A polio patient, Saibaba was paralysed below his waist and developed life-threatening complications in his Nagpur prison that he blamed on poor living conditions and inadequate medical treatment. Saibaba had gone on hunger strike several times in protest
Former Delhi University professor Gokarakonda Naga Saibaba, a paraplegic acquitted seven months ago after spending a decade in jail on terror charges, died on Saturday of complications following gall bladder surgery at a Hyderabad hospital. He was 57.
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The National Platform for the Rights of the Disabled expresses deep shock and profound anguish at the untimely death of Dr. G N Saibaba

13/10/2024

Countercurrents / by National Platform for the Rights of the Disabled (NPRD)

The National Platform for the Rights of the Disabled expresses deep shock and profound anguish at the untimely death of Dr. G N Saibaba.
It was just a few months ago that he was released after being incarcerated for ten long years. He was implicated in false cases and had to continuously wage legal battles before finally being acquitted by the Supreme Court. Unfortunately, it was a freedom that was short-lived.
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Saibaba’s Death Was Institutional Murder by the Centre: Activists

13/10/2024

Deccan Chronicle / by DC Correspondent

Rights activists and political parties termed the death of Prof. G.N. Saibaba as institutional murder resulting from his incarceration for nine years. They drew parallels with Father Stan Swamy, an 84-year-old Jesuit priest and tribal rights activist, who died in hospital while in custody after being denied basic needs like a drinking straw and sipper.
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G.N. Saibaba’s Life Is Not Just a Chronicle of His Times, but Also What the Times Refused to Chronicle

13/10/2024

The Wire / by Saroj Giri

He was just letting us back into his life after all the pain and suffering he had endured. And then he was taken away.
We must now think of Saibaba as someone who could not finish telling us his story. We must have imaginary conversations with him, so that we can hear him. We gasped for Father Stan Swamy, for Pandu Narote, to commune with them. Now, we are gasping for Saibaba, who has been snuffed out of our lives so suddenly.
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Prof G N Saibaba a victim of our insensitive system

13/10/2024

Countercurrents / by Vidya Bhushan Rawat

The death of Prof G N Saibaba in Hyderabad yesterday should haunt our judiciary which were unable to rise up and understand the pain he was going through. That a person with 90% disability yet full of convictions was made as India’s most ‘wanted’ person by the state, equally endorsed by the judiciary as well. I have mentioned it many time that in democracy people might have divergent views and as long as we have faith in constitutional values and democratic dissent, these views ultimately strengthen us.
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▪ Video: State’s Job is to Serve People, Not Punish Them: G N Saibaba


en | 38:33 | 2024

Newsclick / by Newsclick Team

Former DU professor G.N. Saibaba, who passed away in Hyderabad on Saturday, had recounted his harrowing ordeal during 10 years in jail at a press conference in New Delhi in March this year.
Watch video


Also read:
Some personal reflections on prison medical care (The Leaflet | Vernon Gonsalves | Apr 2024)
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)
‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

Activists mark four years in jail under India’s UAPA without trial or bail

Activists mark four years in jail under India’s UAPA without trial or bail

Credits: @FreeUmarKhalid1

Activists mark four years in jail under India’s UAPA without trial or bail

20/09/2024

Peoples Dispatch / by Peoples Dispatch

Umar Khalid and more than a dozen activoists have spent four years in prison under India’s controversial Unlawful Activities Prevention Act (UAPA), with no trial or bail. The cases are widely seen as politically motivated efforts to suppress dissent
… The Communist Party of India (Marxist) has called for the scrapping of the UAPA, claiming it has been used by the Narendra Modi led-BJP government to silence the opposition and to put its critics behind bars in cases such as Bhima Koregaon and Delhi riots.
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Umar Khalid’s Father Lambasts Misuse of Laws to Silence Dissent

20/09/2024

Clarion / by Team Clarion

Calls for judicial accountability as Umar Khalid and others languish in jail without bail or proper trial
Anti-terror laws are being systematically used to silence the dissenting voices in the country, the father of incarcerated JNU student and activist, Umar Khalid, has said.
“Laws like UAPA, TADA, and POTA were meant to combat terrorism, but they have been weaponised against ordinary citizens and activists,” Khalid’s father, Dr Qasim Rasool Ilyas, said. He was addressing an event ‘Curtailed Freedoms: A Travesty of Justice’ hosted by the Association for Protection of Civil Rights (APCR) and Concerned Citizens Delhi at the Constitution Club of India here earlier this week.
Read more


Also read:
Four Years of Injustice: Free Umar Khalid and All Political Prisoners (Hindus for Human Rights / Sep 2024)
Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

Year after being granted bail, Mahesh Raut remains in jail as stay extended

Year after being granted bail, Mahesh Raut remains in jail as stay extended

PUDR campaign

The Indian Express / by Sadaf Modak

Family says extended stay on bail unprecedented delay in delivering justice
On September 21, 2023, the Bombay High Court granted bail to activist Mahesh Raut, an accused in the Elgaar Parishad case. A year later, 37-year-old Raut remains in jail, with a stay granted then on his bail order by the High Court for three weeks, extended from time to time with no effective hearing so far on the appeal in the Supreme Court.
Read more


Also read:
The Supreme Court Is Making Bail Easier In Terrorism, Money Laundering Cases – Except When It Ignores Itself (article 14 / Sep 2024)
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC! (SabrangIndia / Sep 2023)

BK-16 Prison Diaries: Ramesh Gaichor on the Elgar prisoners’ defiance of the neo-Peshwai prison system

BK-16 Prison Diaries: Ramesh Gaichor on the Elgar prisoners’ defiance of the neo-Peshwai prison system

To mark six years of the arbitrary arrests and imprisonment of political dissidents in the Bhima Koregaon case, The Polis Project is publishing a series of writings by the BK-16, and their families, friends and partners. By describing various aspects of the past six years, the series offers a glimpse into the BK-16’s lives inside prison, as well as the struggles of their loved ones outside. Each piece in the series is complemented by Arun Ferreira’s striking and evocative artwork.

Credits: Drawing by Arun Ferreira / The Polis Project

BK-16 Prison Diaries: Ramesh Gaichor on the Elgar prisoners’ defiance of the neo-Peshwai prison system

19/09/2024

The Polis Project / by Ramesh Gaichor

Jinhe naaz hai Hind par unko lao
Jinhe naaz hai Hind par woh kahaan hain?
(Bring those who are proud of this land
Where are they who are proud of this land?)

These lines of Sahir Ludhianvi, written shortly after the country gained independence, still strike a deep chord. But today, in what way will the neo-Peshwai government of this country receive these words, and what will it do to poets and song-writers like Sahir?
Perhaps it will put them behind towering impenetrable walls, erected over segregated acres of land, under the watchful eye of 24-hour security guards, armed with firearms, lathis, and belts.
Read more


Also read:
BK-16 PRISON DIARIES: SAGAR GORKHE’S PARENTS ARE STRUGGLING IN HIS ABSENCE (THE POLIS PROJECT / JULY 2024)
BK-16 PRISON DIARIES: RAMESH GAICHOR’S PARENTS JUST WANT TO MEET HIM AGAIN BEFORE THEY DIE (THE POLIS PROJECT / JULY 2024)
BK-16 PRISON DIARIES: MINAL GADLING ON THE MANY CRUELTIES, IRONIES AND INJUSTICES OF SURENDRA’S IMPRISONMENT (THE POLIS PROJECT / JULY 2024)
BK-16 PRISON DIARIES: RUPALI JADHAV TRAVELS TEN HOURS FOR FLEETING EXCHANGES WITH JYOTI JAGTAP (THE POLIS PROJECT / JUNE 2024)
BK-16 PRISON DIARIES: JENNY ROWENA ON THE FEAR OF PRISONS AND THE BRAHMINICAL SYSTEM BEHIND IT (THE POLIS PROJECT / JUNE 2024)
BK-16 PRISON DIARIES: ANAND TELTUMBDE REFLECTS ON HIS ARREST AND INCARCERATION (THE POLIS PROJECT / JUNE 2024)
BK-16 PRISON DIARIES: STORIES OF LOVE, MURDER AND CHILD MARRIAGE FROM SHOMA SEN’S YEARS IN PRISONS (THE POLIS PROJECT / JUNE 2024)
BK-16 PRISON DIARIES: ARUN FERREIRA ON THE FARCE AND TRAGEDY OF THE PANDEMIC IN PRISON (THE POLIS PROJECT / JUNE 2024)
BK-16 PRISON DIARIES: VERNON GONSALVES ON THE STRUGGLE TO READ AND WRITE BEHIND BARS (THE POLIS PROJECT / JUNE 2024)
INTRODUCING THE BK-16 PRISON DIARIES SERIES (THE POLIS PROJECT / JUNE 2024)

Apologize for what happened to Father Stan Swamy: Ex-SC judge Kurian Joseph

Apologize for what happened to Father Stan Swamy: Ex-SC judge Kurian Joseph

The New Indian Express / by Express News Service

He added that this was a failure on the part of courts, civil societies and the media to project what was right and truthful.
The three pillars of the Constitution – legislature, executive and judiciary – have lost their credibility, and their core ideas have been shaken, said former Supreme Court judge Kurian Joseph on Friday.
Read more


Also read/watch:
US House Urges India To Probe Activist Stan Swamy’s Death In Custody (NDTV / Jul 2024)
Jesuit Missions repeats call to clear Indian priest’s name (Indcatholic News / Jul 2024)
Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)

▪ Video: Testimony of Stan Swamy, two days before his arrest on 8 October 2020.


en | 7:48 min | Oct 6, 2020
Watch video

Video: Ajaz Ashraf’s Book on Bhima Koregaon Unveiled at IIC

Video: Ajaz Ashraf’s Book on Bhima Koregaon Unveiled at IIC

Video: Discussion on “Bhima Koregaon: Challenging Caste”

By Paranjoy Online

en | 1:39:02 | 2024
On Thursday 30 July 2024 evening, a lively discussion took place at the India International Centre (Annexe), New Delhi, on the book written by journalist and author Ajaz Ashraf titled “Bhima Koregaon: Challenging Caste – Brahminism’s Wrath Against Dreamers of Equality” published by Paranjoy/AuthorsUpFront. The discussants were Manoj Kumar, Professor and Member of Parliament belonging to the Rashtriya Janata Dal, Subhashini Ali, member of the Communist Party of India – Marxist and Colin Gonsalves, Senior Advocate, Supreme Court of India.
Watch video


Ajaz Ashraf’s ‘Bhima Koregaon: Challenging Caste’ sheds light on judiciary role in Elgaar Parishad case

31/08/2024

The Telegraph / by Pheroze L. Vincent

Senior advocate Colin Gonsalves said the case had witnessed “the second biggest betrayal by the judiciary” following its “supine” role during the Emergency
Caste hatred and “State terrorism” came under the spotlight at the release of Ajaz Ashraf’s book, Bhima Koregaon: Challenging Caste, with speakers also questioning the judiciary’s role in the context of the long incarceration without trial of the Elgaar Parishad accused.
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Ajaz Ashraf’s Book on Bhima Koregaon Unveiled at IIC

30/08/2024

Radiance News / by Radiance News Bureau

Senior journalist Ajaz Ashraf’s book, Bhima Koregaon: Challenging the Caste, was launched at India International Centre last evening. The book, published by Paranjoy Guha Thakurta, delves into the enduring struggle against casteism, focusing on the events surrounding the Bhima Koregaon incident and its broader implications.
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Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality

Author: Ajaz Ashraf  
Publisher: AuthorsUpFront
Publishing Date: June 2024
Binding: Paperback
Language: English
Pages: 496
This book rips apart the Maoist conspiracy theory and the Urban Naxal narrative. It points out the ironies underlying the State’s charges against the sixteen, and the flimsiness of the evidence that is said to have been planted on their hacked computers. The conspiracy against the sixteen that inflicted untold miseries on their families is retold here in their voices.
Read more/order


Also read:
Bhima Koregaon Challenging Caste: Brahminism’s Wrath Against Dreamers Of Equality by Ajaz Ashraf (Article 14 / Jul 2024)
Process as Punishment – Recent books that bear witness to the BK-16’s incarceration (The Caravan / Jul 2024)

Activists and journalists continued to be targeted around elections despite UN Human Rights Committee scrutiny

Activists and journalists continued to be targeted around elections despite UN Human Rights Committee scrutiny

monitor.civicus.org / by CIVICUS

India’s civic space is rated as ‘repressed’ by the CIVICUS Monitor. In recent years, the government has misused the draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) and other laws to keep activists behind bars and fabricate cases against activists and journalists for undertaking their work.
Read more


Also read:
India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Jul 2024)
CIVIC FREEDOMS IN INDIA ‘REPRESSED’: GLOBAL MONITOR CIVICUS (The Wire / March 2023)
Read full report „People Power Under Attack 2022“

What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

Drawing by Arun Ferreira

What Freedom Means For India’s Political Prisoners

15/08/2024

Outlook / by Apsksha Priyadarshini

For political prisoners, freedom becomes a longing for small mercies that make us human
Maryam was six—the youngest of three siblings—when her father, Khalid Saifi, was arrested following the sectarian violence in northeast Delhi in February 2020. The violence took place against the backdrop of months of protests led by Muslim women at several sites across the national capital and in the country, against the Citizenship (Amendment) Act (CAA) and the proposed updates to the National Register of Citizens (NRC) and the National Population Register (NPR). Maryam’s mother Nargis recalls the day as the beginning of “a dark, endless night” that has been written into their fates.
Read more


The Freedoms Our Martyrs Won Are Under Seige

15/08/2024

Outlook / by Anand Teltumbde

This Independence Day, we are in an age in which we need assurances from our leader that the Constitution will survive
Seventy-seven years ago, our martyrs won freedom from British colonial rule. Three years later, we gave ourselves a Constitution that guaranteed a plethora of freedoms, inspired not by the Universal Declaration of Human Rights (UDHR) but the indigenous ethos of our own freedom movement. Today, having traversed into the Amrit Kaal, these guarantees appear to have expired, needing a new guarantee from our supreme ruler that the Constitution itself will survive. If the likes of Bhagat Singh were to see the state of India’s freedom today, they would certainly ask themselves what was wrong with the British rule that they went to the gallows fighting them.
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India Cries for Freedom!

13/08/2024

Countercurrents / by Cedric Prakash

India cries for Freedom: Thanks to the relentless struggles and sacrifices of our freedom fighters, on 15 August 1947, India made her tryst with destiny! After years of colonial rule, she finally became an independent nation. Ever since (during these past 77 years), India has made rapid strides in every sphere, and this fact must be applauded; however, one must also humbly admit that, India still has an unimaginable long way to go in the internalisation and actualisation of her freedom!

India cries for Freedom for Human rights defenders (HRDs), right to information seekers and others who take a stand for truth, justice and human rights. They are at the receiving end of a vicious and vindictive system. The are intimidated, incarcerated and even killed! These include those in the Bhima Koregaon conspiracy case; Jesuit Father Stan Swamy is a case in point.
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‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA

‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA


Hindustan Times / by HT News Desk
All India Majlis-e-Ittehadul Muslimeen (AIMIM) supremo Asaduddin Owaisi on Saturday raised his concerns over the future of Muslims, tribals and Dalit people who are being held under Unlawful Activities Prevention Act (UAPA). Taking a jibe, the Hyderabad MP said he hoped that Prime Minister Narendra Modi would learn something from the Lok Sabha election results, but they poured cold water on his expectation.
… The AIMIM chief further claimed that the stringent law became the reason for the death of 85-year-old Stan Swamy. Swamy, a tribal activist, died in judicial custody in 2021. He was arrested under the UAPA in connection with the 2018 Bhima-Koregaon violence case.
Read more


Also read:
▪ Legal experts call for a repeal of UAPA over misuse and rights violations (Frontline / May 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report