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Shoma Sen should have been released in 2018 / Explained: The Shoma Sen bail judgment

Shoma Sen should have been released in 2018 / Explained: The Shoma Sen bail judgment

Shoma Sen

Explained: The Shoma Sen bail judgment [read judgement]

08/04/2024

The Leaflet / by The Leaflet

The arguments, counter-arguments, and the many, many injustices and tethers of the judgment of the Supreme Court granting bail to former Nagpur University and women’s rights activist Shoma Sen, who spent six years in jail without a trial.
Read more
Read judgement

‘Shoma Sen should have been released in October 2018’

09/04/2024

Rediff.com / by Jyoti Punwani

‘Shoma didn’t have the luxury of time. She was already suffering from so many ailments.’
Professor Shoma Sen, among the first to be arrested in the Elgar Parishad case, got bail on April 5, after spending almost 6 six years in jail. Advocate Susan Abraham explains to Jyoti Punwani why the Nagpur professor should have been out more than 5 years ago.

The question everyone’s asking is: If the Supreme Court has found no prima facie evidence against Shoma Sen, why did it take so long for her to get bail?
Read more

Top Global Academics Flay Recent Pattern in India of Jailing Critics Without Trial

Top Global Academics Flay Recent Pattern in India of Jailing Critics Without Trial

Campaign poster, 2020

The Wire / by The Wire Staff

Nobel laureate Amartya Sen has voiced his support for the statement – among whose authors is Amitav Ghosh – saying such imprisonment without trial was “certainly among the worst injustices that the country has made into a regular arrangement”.
Sixteen prominent academics released a statement expressing concern over the prolonged detention without trial of writers, journalists and activists who were critical of the Union government.
Read more / read the full text of the two statements

New Book on Bhima Koregaon Case Tells Uncomfortable Truths, But Brings Hope / Book launch

New Book on Bhima Koregaon Case Tells Uncomfortable Truths, But Brings Hope / Book launch

New Book on Bhima Koregaon Case Tells Uncomfortable Truths, But Brings Hope

31/04/2024

The Quint / by Mekhala Saran

Alpa Shah’s book, ‘The Incarcerations’, is alive with stories of fearlessness, but also of the cost it extracts.

“Well, I am off to NIA custody and do not know when I shall be able to talk to you again. However, I earnestly hope that you will speak out before your turn comes.”

– Anand Teltumbde, on the eve of his incarceration in April 2020

Alpa Shah’s book on the Bhima Koregaon incarcerations is not an easy read. When I first decided to review the book – before laying my hands on it – I thought it would not take me longer than a week.
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A new book recounts how 16 activists were imprisoned as terrorists, without trial

27/03/2024

Scroll.in / by Alpa Shah

An excerpt from ‘The Incarcerations: Bhima Koregaon and the Search for Democracy in India’
Amnesty International India and Oxfam India released a joint response the day Sudha Bharadwaj, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves and Varavara Rao were arrested. “The nationwide crackdown on activists, advocates and human rights defenders is disturbing and threatens core human rights values.”
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by Shireen Azam / @shireenazam (March 26:)
A full full house at @LSEpublicevents for the book release of (Bhima Koregaon) Incarcerations by @alpashah001

Video| Book launch/discussion: The Incarcerations: BK-16 and the search for democracy in India

26/03/2024

Hosted by the International Inequalities Institute, LSE Human Rights, Department of Anthropology and Atlantic Fellows for Social and Economic Equity

IN-PERSON AND ONLINE PUBLIC EVENT

Speakers:
Professor Alpa Shah.
Discussants: Professor Christophe Jaffrelot, Professor Tarun Khaitan and Priyanka Kotamraju
Chair: Professor Deborah James

Join us to launch and discuss Alpa Shah’s new book, The Incarcerations: BK-16 and the search for democracy in India.
As general elections fast approach in the world’s largest democracy, this event asks what democracy today must urgently ensure for our common future. In her latest book, Alpa Shah pulls back the curtain on Indian democracy to tell the remarkable and chilling story of the Bhima Koregaon case, in which 16 human rights defenders (the BK-16) – professors, lawyers, artists – have been imprisoned, without credible evidence and without trial, as Maoist terrorists.
Read more

Watch on LSE’s YouTube channel.

Interview | Alpa Shah: India is not a safe place any more

23/03/2024

The News Statesman / by  Gavin Jacobson

Narendra Modi’s Hindu supremacism is capturing major state institutions while repressing minority groups and political activists.
… Shah exposes how the state engaged in a prolonged act of cyberwar against the so-called “BK-16”, hacking their emails and implanting incriminating evidence on their computers in order to prosecute them. It is the best book I’ve read about the full-scale assault on democracy in India, and with the general elections scheduled to conclude in June, it’s essential reading for an understanding of what is happening to the country right now.
On 18 March I met Shah at her office at the London School of Economics.

Gavin Jacobson: When did you decide to write a book about the BK-16?
Read more

Hackers-for-Hire, Govt’s Media Control: Seven Takeaways From Studying the Arrests of the BK-16

15/03/2024

The Wire / by Alpa Shah

“…the evidence used to incarcerate the BK-16 was likely to have been implanted remotely through a hacker-for-hire mercenary gang infrastructure that has clients all over the world, but whose epicentre is in India.”
Excerpted with permission from Alpa Shah’s The Incarcerations: Bhima Koregaon and the Search for Democracy in India, HarperCollins 2024.
Read more

Hacker-for-hire gang with links to Pune police planted emails on the computers of Bhima Koregaon accused: new book

14/03/2024

The Hindu / by Vijaita Singh

The mercenary hacker gang, headquartered in India, remotely implanted evidence, according to LSE professor’s book; cites cybersecurity researchers to claim gang’s connection to a Pune police officer
The alleged evidence used to incarcerate 16 people in the Bhima Koregaon case was “likely to have been implanted remotely through a hacker-for-hire mercenary gang infrastructure that has clients all over the world, but whose epicentre is in India,” according to claims made in a new book.
Read more

The arrests putting Narendra Modi’s ‘fascist’ India on trial

14/03/2024

The Telegraph / by Andrew Whitehead

Stan Swamy, a Jesuit priest, died in custody in India in July 2021. He was 84. He had spent nine months in detention and had been repeatedly denied bail; yet he had not been convicted of any offence.
… Alpa Shah, an anthropology professor at the London School of Economics, argues in The Incarcerations that the arrest of Swamy and 15 others – lawyers, academics, poets, activists – in what has become known as the “BK case” reveals India’s authoritarian creep.
Read more

Also read:
▪ Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
▪ Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Kejriwal Arrest: This Coup Against Our Constitutional Setup is a Wake-Up Call

Kejriwal Arrest: This Coup Against Our Constitutional Setup is a Wake-Up Call

Campaign, 2020

The Wire / by Apoorvanand

One knows that the arrest of Arvind Kejriwal or Hemant Soren is to scare political leaders and the people and stun them into inaction. Is this how we want to live? Are we actors in this theatre of democracy or mere spectators?
… But in India and especially under the BJP government, investigation is used as a ruse to punish the critics and opponents of the government by jailing them. This is exactly what was done to P. Chidambaram and many others.
Recently, we heard the agencies informing the court that it did not need Shoma Sen’s custody for investigation. She is in jail for more than five years in the Bhima Koregaon conspiracy case.
Read more

Also read:
▪ State-sponsored attacks of surveillance reveal an erosion on Indians’ right to privacy, especially journalists, political opposition (SabrangIndia / Nov 2023)
▪ India: Weaponizing Counterterrorism: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty International / Sep 2023)
▪ The Uses (and Abuses) of Investigative Agencies (The Wire / Nov 2022)
▪ AUTHORITIES HARASS AND SQUEEZE FUNDING OF NGOS WHILE ACTIVISTS, JOURNALISTS TARGETED IN INDIA (CIVICUS / Feb 2022)
▪ Maharashtra is adding activists to a secret list of the enemies of state (Newslaundry / July 2021)
▪ How Governments Avoid Due Process by Declaring Groups as ‘Front Organisations’ of Banned Entities (The Wire / Sep 2020)

Was the trial judge who convicted GN Saibaba biased? We will never know, and that is part of the injustice

Was the trial judge who convicted GN Saibaba biased? We will never know, and that is part of the injustice

Was the trial judge who convicted G.N. Saibaba biased? We will never know, and that is part of the injustice

24/03/2024

The Leaflet / by Nihalsing Rathod

The injustice of a trial judge filling the gaps in the prosecution’s case (which relied on ‘evidence’ in the form of bananas, umbrellas and newspaper cuttings) with judicial overreach to chop ten years off Professor G.N. Saibaba’s life.
The Nagpur Bench of the Bombay High Court heard the appeal against the conviction of Prof. G.N. Saibaba and five others, twice. In both the judgments, it set aside the conviction.
Read more

Branded Maoist, ex-political prisoners narrate how they were wrongfully incarcerated

21/03/2023

Counterview.net / by Our Representative

Celebrating the International Day of Solidarity with Political Prisoners, which fell on March 18, the Campaign Against State Repression (CASR), a joint platform of 35+ organizations, held a public gathering in Delhi titled “Life in Anda Cell: Political Prisoners and Wrongful Incarcerations” at the Press Club of India, Delhi, in order to mark the acquittal and prison experience of cultural activist Hem Mishra and his family. 
… Hem Mishra added, “it is not about just the 6 of us in my case. It is about all political prisoners. As long as the fight for jal-jangal-jameen remains, as long as the fight of Dalits, Adivasis, workers, peasants, oppressed nationalities remains, as long as the question of creating a better world for all people and a better state for all people remains, the fight of all political prisoners will rage on. At the end of the day, I am a bard who sings the songs of the people and I will continue to echo their cries. I am out of prison, but as long as all other political prisoners like Rona Wilson, Surendra Gadling, Sudhir Dhawale are inside prison, I feel I am only out from a smaller cage into a bigger one.”
Read more

By Adv Surendra Gadling Defence Committee (Jan 2021):
With due credit to anonymous artist and to the jailed, to be jailed lawyers

IO Whose Role Bombay HC Questioned in Saibaba Case Was Also Part of Elgar Parishad Probe

13/03/2024

The Wire / by Sukanya Shantha

The Pune police, at multiple places in the Elgar Parishad chargesheet, claimed that some of those arrested in the Elgar Parishad case had a “direct association” with Saibaba.
At the end of 2018, when the Pune police first filed a chargesheet in the Elgar Parishad case, they claimed to be “heavily relying” on the investigation conducted in the case involving former Delhi University professor G.N. Saibaba. By then, Saibaba and five others had already been convicted by the Gadchiroli sessions court.
Read more

Also watch:

▪ Video: INTERNATIONAL SOLIDARITY MEETING

en | 1:07 min | 2024

By INTERNATIONAL SOLIDARITY FOR ACADEMIC FREEDOM IN INDIA (InSAF)
Celebrating the Second Acquittal of Professor GN Saibaba, Prashant Rahi, Mahesh Tirki, Hem Mishra and Vijay Tirki and the late Pandu Narote
Years in solitary confinement Years of shuttling from one bail plea to another Endless health ordeals, systematic discrimination The custodial death of 32-year old co-accused Pandu Narote The shocking overnight reversal of an acquittal order The life and trials of GN Saibaba and his co-accused remind us of the extent the repressive Indian state will go to in order to silence voices of dissent But on 7 March 2024, they finally walked free, after being acquitted for the second time on 5 March 2024, exonerated of all charges On 10 March 2024, we came together to celebrate this overdue step
We will not be silenced

Co-sponsored by
International Solidarity for Academic Freedom in India (InSAF India) South Asian Diaspora Action Collective (SADAC) Indian Workers Association (Great Britain) (IWA-GB) India Labour Solidarity (UK) Foundation The London Story The Humanism Project, Australia Hindus for Human Rights Free Saibaba Coalition (USA) Boston South Asian Coalition (BSAC) India Civil Watch International (ICWI) South Asia Solidarity Group, London

Watch video

‘From Phansi Yard’ by Sudha Bharadwaj wins Best Author in Non-Fiction @AutHER Awards

‘From Phansi Yard’ by Sudha Bharadwaj wins Best Author in Non-Fiction @AutHER Awards

by Jayati Ghosh @Jayati1609 (March 18):

Absolutely delighted to learn that Sudha Bharadwaj has deservedly won the best author award for non fiction with her sensitive, insightful and illuminating book on the lives of women in an Indian prison.

Here’s a typically thoughtful and compassionate response from #SudhaBharadwaj after news of the award:


by AutHER Awards – Creating Lasting Impressions / @AutherAwards (March 17):
A round of applause for Sudha Bharadwaj, winner of the Non-Fiction category at #AutherAwards. Her remarkable book ‘From Phansi Yard: My Year With The Women Of Yerawada’ has made a profound impact on the jury’s hearts
by Juggernautbooks / @juggernautbooks (March 17):
‘From Phansi Yard’ by Sudha Bharadwaj wind Best Author in the Non Fiction Category for @AutherAwards
A heart congratulations to Sudha Bharadwaj!

by Chiki Sarkar / @Chikisarkar (March 17):
Thrilled that Sudha Bharadwaj wins best non fiction in the ⁦@AutherAwards awards.
We are so proud to be publishing this wonderful book ⁦@juggernautbooks

From Phansi Yard: My Year with the Women of Yerawada

Author: Sudha Bhardwaj
Publisher: Juggernaut
Pages: 216
Order book

Also read/watch:

▪ From Phansi Yard: My Year With The Women Of Yerawada, by Sudha Bharadwaj (Excerpt)

Artice 14 / by Samar Halarnkar / Sudha Bharadwaj | Nov 2023
Arrested on 28 August 2018, human rights lawyer, teacher and IIT graduate Sudha Bharadwaj is among 16 accused in the Bhima-Koregaon case, charged under  sections of the Indian Penal Code (IPC), 1860, and the Unlawful Activities Prevention Act (UAPA), 1967…

EXCERPT
On 1 November, I mark my second birthday in custody. Diwali was in late October this year, and Shoma Di has saved a bit of her Diwali faral (snacks, in Marathi) as a treat for me. She gives me a beautiful card with a hand-drawn Sudoku on the front and a ballerina ‘dancing away to her freedom’ on the inside. It’s an ode to my Sudoku mania.
Read more

▪ Video: Barkha Dutt speaks to Sudha Bharadwaj on her book ‘From Phansi Yard’

Mojo Story | Nov 2023


en | 21:03min | 2023
Barkha Dutt speaks to Trade Unionist, activist and lawyer Sudha Bharadwaj on her book ‘From Phansi Yard’. The book records stories of her time in jail. She is out on bail after 3 years in the 2018 Bhima-Koregaon violence case.
Sudha speaks about her days in jail and how her time in a women’s prison made her aware of the gender gap in legal aid. “Many women are jailed- because their husband committed some crime and are now absconding- they don’t even know about the crime,” she says.
Sudha further says that she lives in the house of a friend, as she “can’t afford rent”. Trade unions support her, she does legal cases for them, she says.
Watch video

▪ A Cage with a View: Under-trial life in an Indian jail

National Herald | by Sudha Bharadwaj | Oct 2023
The jottings that make up this book were my way of coping with incarceration. Some prisoners pray, some weep, some just put their heads down and work themselves weary. Some fight defiantly every inch of the way, some are inveterate grumblers, some spew gossip. Some read the newspaper from cover to cover, some shower love on children, some laugh at themselves and at others.
I watched through the bars, and I wrote.
Read more

IO Whose Role Bombay HC Questioned in Saibaba Case Was Also Part of Elgar Parishad Probe / Video

IO Whose Role Bombay HC Questioned in Saibaba Case Was Also Part of Elgar Parishad Probe / Video

The Wire / by Sukanya Shantha

The Pune police, at multiple places in the Elgar Parishad chargesheet, claimed that some of those arrested in the Elgar Parishad case had a “direct association” with Saibaba.
At the end of 2018, when the Pune police first filed a chargesheet in the Elgar Parishad case, they claimed to be “heavily relying” on the investigation conducted in the case involving former Delhi University professor G.N. Saibaba. By then, Saibaba and five others had already been convicted by the Gadchiroli sessions court.
Read more

Also read/watch:
▪ ‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

▪ Video: INTERNATIONAL SOLIDARITY MEETING

en | 1:07 min | 2024

By INTERNATIONAL SOLIDARITY FOR ACADEMIC FREEDOM IN INDIA (InSAF)
Celebrating the Second Acquittal of Professor GN Saibaba, Prashant Rahi, Mahesh Tirki, Hem Mishra and Vijay Tirki and the late Pandu Narote
Years in solitary confinement Years of shuttling from one bail plea to another Endless health ordeals, systematic discrimination The custodial death of 32-year old co-accused Pandu Narote The shocking overnight reversal of an acquittal order The life and trials of GN Saibaba and his co-accused remind us of the extent the repressive Indian state will go to in order to silence voices of dissent But on 7 March 2024, they finally walked free, after being acquitted for the second time on 5 March 2024, exonerated of all charges On 10 March 2024, we came together to celebrate this overdue step
We will not be silenced

Co-sponsored by
International Solidarity for Academic Freedom in India (InSAF India) South Asian Diaspora Action Collective (SADAC) Indian Workers Association (Great Britain) (IWA-GB) India Labour Solidarity (UK) Foundation The London Story The Humanism Project, Australia Hindus for Human Rights Free Saibaba Coalition (USA) Boston South Asian Coalition (BSAC) India Civil Watch International (ICWI) South Asia Solidarity Group, London

Watch video

‘UAPA must be scrapped’: Indira Jaising / How These Lawyers Worked To Free Saibaba

‘UAPA must be scrapped’: Indira Jaising / How These Lawyers Worked To Free Saibaba

by Indira Jaising / @Ijaising (March 7):
Finally free Saibaba outside the gates of prison , with his lawyers by his side

Supreme Court Refuses To Stay Acquittal Of GN Saibaba & 5 Others, Says HC Judgment Prima Facie Well Reasoned (Live Law / by Awstika Das, March 11, 2024)

GN Saibaba’s acquittal: Rights activists seeks compensation and reinstatement in DU

11/03/2024

The News Minute / by TNM Staff

The Committee for Defence and Release of GN Saibaba appealed to the Supreme Court to reject the appeal filed by the Maharashtra government against his release.
… They also asked the government to repeal the draconian UAPA law. “All charges against intellectuals and activists who have been similarly falsely detained under the UAPA in particular, such as those charged in the Bhima-Koregaon case, or those arrested during the anti-CAA/NRC struggle, should be dropped and they should be immediately released.
Read more

How These Lawyers Worked Tirelessly To Free Saibaba

08/03/2024

Rediff.com / by Jyoti Punwani

‘We were sure our appeal would succeed. We knew we could break down the evidence and show it was hollow.’
It took an army of lawyers.
Behind the successful battle to prove the innocence of Professor G N Saibaba and his co-accused, went years of preparation. The backbone of that preparation was the work put in by a group of lawyers, all of whom had been juniors to Advocate Surendra Gadling.
Read more

‘UAPA must be scrapped’: Indira Jaising

07/03/2024

Frontline / by Jyoti Punwani

Senior lawyer discusses what the acquittal of Prof. G.N. Saibaba and his fellow accused means for the country.
…
The judgment quotes the Supreme Court’s order granting bail to Vernon Gonsalves, an accused in the Bhima Koregaon case. Will this judgment in turn be helpful in the Bhima Koregaon case, especially with regard to the way police collect and present electronic evidence?
Yes, on electronic evidence, this judgment is a precedent. It lays down that not taking the hash value renders the evidence of no real value. This is also what happened in the Bhima Koregaon case.
Read more

Also read:
▪GN Saibaba’s long struggle for justice: Why the Bombay HC had to overturn his conviction – twice (Scroll.in / March 9, 2024)

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

05/02/2024

The Wire / by The Wire Staff

Their co-accused who is out on bail, Teltumbde has been conferred the Basava National Award – Karnataka’s highest honour.
… Although a few have been granted bail on medical and technical grounds, nine remain behind bars at Byculla and Taloja prisons in Maharashtra. The latter have written a congratulatory letter to co-accused Dr Anand Teltumbde, on his being given the Karnataka government’s highest award, the Basava Award.
The letter, which the prisoners released through their lawyers, is being produced below.
Read more

‘A small streak of light’: Seven BK prisoners congratulate Anand Teltumbde on award

04/02/2024

Scroll.in / by Scroll Staff

The writer, who is on bail in the same case, was honoured with the Basava Award by the Karnataka government on January 31.
The seven people who are still in jail in the Bhima Koregaon case have congratulated their co-accused Anand Teltumbde for having been granted the Karnataka government’s Basava Award on January 31 and pushing “forward the wheel of democratic revolution of annihilating the caste system”.
Read more

Also read:
▪ ‘My state has done the greatest honour by putting me in jail’: Anand Teltumbde after receiving award (Indian Express / Feb 2024)

UAPA should be scrapped as 97 percent accused are aquitted, says Prof. Haragopal

UAPA should be scrapped as 97 percent accused are aquitted, says Prof. Haragopal

The Hindu / by Rajulapudi Srinivas

Calling UAPA ‘undemocratic’, the human rights activist says the State is leaning towards implementing more oppressive and repressive laws
“A person suffers in jail for three to four years and then gets acquitted after the prosecution fails to prove his guilt. This is happening in many cases now. About 97 percent of the arrests were made without any evidence, under the Unlawful Activities (Prevention) Act, 1967 (UAPA) cases,” said G. Haragopal, human rights activists and retired professor from the University of Hyderabad.
Read more

Also read:
▪ The Govt is out to silence Dissenters through Arrests: Justice Hosbet Suresh (Sabrangindia / Oct 2018)