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Staying a bail order in a UAPA matter where getting bail is already difficult is a travesty of justice

Staying a bail order in a UAPA matter where getting bail is already difficult is a travesty of justice

The Leaflet / by Deeksha Dwivedi

The stay on the bail Orders of Gautam Navlakha and Mahesh Raut, incarcerated under the Unlawful Activities (Prevention) Act, 1967, creates an unconstitutional and unjust barrier for the fulfillment of their fundamental rights, laments the author.
Read more


Also read:
The first week in the new year repeats the same old story of procedural grind (The Leaflet / Jan 2024)
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 2023)

PUDR: Remember Bhima Koregaon Case. Remember Shoma Sen. Release Shoma Sen.

PUDR: Remember Bhima Koregaon Case. Remember Shoma Sen. Release Shoma Sen.

by Peoples Union for Democratic Rights @PUDR_Delhi (Jan 6):
#PeoplesUnionforDemocraticRights #PUDR #RepealUAPA
#StateOppression #democraticrights #BK16 #BhimaKoregaon16


Also read:
Shoma Sen’s Bail Hearing in SC Adjourned Yet Again, Until January 10 (NewsClick / Dec 2023)
Supreme Court quotes Watali judgment in Shoma Sen’s bail application (The Leaflet / Dec 2023)
“Hopefully waiting” writes Shoma Sen from prison (InSAF India / Jul 2023)

Senior activist Ajay Kumar’s arrest ‘imminent’ in same vein as Rona Wilson, Stan Swamy

Senior activist Ajay Kumar’s arrest ‘imminent’ in same vein as Rona Wilson, Stan Swamy

Counterview / by Counterview Desk

The civil rights coalition, Campaign Against State Repression (CASR), even as condemning the “intensifying harassment” of activist, writer, lawyer and intellectual Ajay Kumar and is family by India’s investigative agencies, has said that “the arrest of Ajay Kumar under fabricated charges is imminent”, and may happen in the “similar vein” to that of his former associates like Prof GN Saibaba, activist Rona Wilson, late Father Stan Swamy, trade unionist Sudha Bharadwaj, others.
Read more/full statement


Also read:
Stifling of right to protest, freedom: Open letter to CJI Chandrachud (SabrangIndia / Jan 2024)

After 1 week of interim bail Surendra Gadling returns to Taloja jail

After 1 week of interim bail Surendra Gadling returns to Taloja jail

by Indira Jaising / @Ijaising (Jan 3)

After 1 week of interim bail, in the Bhima Koregaon case.

Surendra Gadling returns to Taloja jail.
We
The stuggle for freedom will prevail. But look at that smile , that victory sign , that good cheer after over 5 years in Taloja jail.

Disclaimer , I am one among many of his lawyers.


Also read/watch:
NIA court gives temporary bail to Surendra Gadling to attend wedding in Nagpur (Hindustan Times / Dec 2023)
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
Video: The Prison Song of Surendra Gadling (The Wire / lyrics by Ramesh Gaychor)

hindi | 11min | 2021
51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video / Listen to the song

Stifling of right to protest, freedom: Open letter to CJI Chandrachud

Stifling of right to protest, freedom: Open letter to CJI Chandrachud

Stifling of right to protest, freedom: Open letter to CJI Chandrachud

03/01/2024

SabrangIndia / by SabrangIndia

The open letter has alleged that peaceful protests were met with fake encounters, abductions and demolition of houses belonging to the protesters by police and other government instrumentalities

Text of the Open Letter:

To D.Y. Chandrachud,
The Chief Justice of India,
Supreme Court of India
2nd January 2024

Dear Justice Chandrachud,

We write this letter to you as a members of democratic-minded civil society and activists who are working on issues concerning democratic ethos of the people and the protection of their civic, democratic, and constitutional rights.
Read more / full letter


Open letter from civil rights activists to CJI Chandrachud on freedom curbs

03/01/2024

The Telegraph online / by R. Balaji

The letter alleged that peaceful protests were met with fake encounters, abductions and demolition of houses belonging to the protesters by police and other government instrumentalities
A group of civil rights activists and organisations on Tuesday wrote an “open letter” to Chief Justice of India D.Y. Chandrachud on the alleged suppression of free speech, peaceful protests and rallies by police, leading to the stifling of democratic dissent in the country.
Read more


Open Letter to CJI Chandrachud highlights Concerns Over Erosion of Democratic Rights

03/01/2024

The Mooknayak / by The Mooknayak English

The letter questions India’s commitment to being the world’s largest democracy and refers to the words of jurist John Rawls, stressing the importance of justice and the need to reform or abolish unjust laws and institutions. The plea is for the judiciary to uphold equal liberties and protect rights secured by justice, emphasizing that such rights should not be subject to political bargaining or social interests.
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Unjust detention: Gautam Navlakha’s bail victory highlights insufficient evidence

Unjust detention: Gautam Navlakha’s bail victory highlights insufficient evidence

Gautam Navlakha

Sabrang India / by Sabrang India

Granting bail to writer and activist, Gautam Navlakha in the Elgar Parishad-Maoist links case (Bhima Koregaon case), the Bombay High Court, found insufficient evidence to prima facie indicate Navlakha’s involvement in conspiring or executing terrorist acts
… The court’s assessment in the Gautam Navlakha bail hearing highlighted the lack of substantial material linking Navlakha to terrorist activities. It emphasized that his alleged membership with CPI (Maoist) could, at most, implicate him under sections 13 and 38 of the Unlawful Activities (Prevention) Act, carrying a maximum punishment of ten years.
Read more


Also read:
Charges for Navlakha’s protection under house arrest exceed ₹1 crore (Hindustan Times / Dec 2023)
PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha (PUDR / Dec 2023)
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)

PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha

PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha

Poster by PUDR, April 2023

pudr.org / Peoples Union for Democratic Rights (PUDR)

PUDR welcomes the Bombay High Court order granting regular bail to Gautam Navlakha, a well-known civil rights activist, author, and journalist, on December 19, 2023. The two-member bench comprising Justices AS Gadkari and Shivkumar Dige ruled that based on a perusal of the documents presented, there was no material evidence to infer Gautam Navlakha’s involvement in terrorist acts as shown in the chargesheet against him under sections of the Unlawful Activities Prevention Act (UAPA) by the National Investigating Agency (NIA).
Read full statement


Also read:
PUDR welcomes the release on bail of Vernon Gonsalves and Arun Ferreira today, but protests onerous bail conditions (PUDR / Aug 2023)
Five years behind bars for five activists – Without bail, without charges being framed, without justice! (PUDR / June 2023)

‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling

‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling

Scroll.in / by Vineet Bhalla

Mahesh Raut was granted bail in September but he remains in prison. A similar fate might await Gautam Navlakha, who was granted bail on Tuesday.
More than five years after he was arrested in the Bhima Koregaon case, journalist and activist Gautam Navlakha was finally granted bail by the Bombay High Court on Tuesday. However, he is unlikely to walk out of prison soon.
Another person accused in the case, activist Mahesh Raut, was granted bail by the High Court in September. Nearly four months later, he is still in prison.
Read more


Also read:
Supreme Court extends stay on bail granted to Mahesh Raut again (The Leaflet / Oct 2023)
Supreme Court extends stay on bail granted to Mahesh Raut (The Leaflet / Sep 27, 2023)
Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 21, 2023)

Intellectuals being tossed in jail: D Raja on Elgar Parishad

Intellectuals being tossed in jail: D Raja on Elgar Parishad

Times of India / by Shishir Arya

Nagpur: Communist Party of India (CPI) general secretary D Raja unleashed an attack on the Centre over its handling of the Elgar Parishad case. “How long would professors and intellectuals be kept behind bars?“
Read more


Also read:
Release all innocent persons arrested in Bhima Koregaon case, says CPI (The Hindu / Feb 2021)

UAPA, financial regulations being misused to target scribes, activists, say international rights groups

UAPA, financial regulations being misused to target scribes, activists, say international rights groups

India: Arrests, Raids Target Critics of Government

13/10/2023

By Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA), Christian Solidarity Worldwide (CSW), Committee to Protect Journalists, Front Line Defenders, Human Rights Watch, International Federation of Journalists (IFJ), International Service for Human Rights, PEN America, Reporters Without Borders, International Federation for Human Rights (FIDH), and World Organisation Against Torture (OMCT)

Indian authorities are misusing an abusive counterterrorism law, financial regulations, and other laws to silence journalists, human rights defenders, activists, and critics of the government, 12 international human rights groups said today.

… The Indian government also used UAPA to arrest 16 prominent activists who promoted the rights of India’s most marginalized communities, accusing them of inciting violence that occurred during a Dalit meeting in January 2018. Eight are still detained without trial, and seven eventually were granted bail, while one died in custody.
Read full statement


UAPA, financial regulations being misused to target scribes, activists, say international rights groups

13/10/2023

The Hindu / by The Hindu Bureau

The 12 human rights groups charged Indian authorities with carrying out an “escalating crackdown” on media and civil society since the Narendra Modi-led government came to power in 2014
Human Rights Watch, Amnesty International, and 10 other international rights groups have jointly condemned what they termed as Indian authorities’ misuse of counter-terrorism laws, financial regulations, and other laws to “silence journalists, human rights defenders, activists, and critics of the government”.
Read more


Also read:
● AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report