Posts – Page 132 – free them all

State and NIA oppose default bail plea by Sudha Bharadwaj and 8 other accused in the case

15/07/2021 Rani

UAPA Offences Will Go Before Special Court Only When NIA Investigates: Maharashtra Govt To Bombay High Court In Sudha Bharadwaj’s Plea For Default Bail

15/07/2021

Live Law / by Sharmeen Hakim

Opposing the default bail plea of Bhima Koregaon- Elgar Parishad accused Sudha Bharadwaj, on Thursday, the Maharashtra Government said that orders passed by the Pune Judge Kishore Vadane were not without jurisdiction even though he was a sessions judge and not a Special Judge under the NIA Act.
During the last hearing Justices SS Shinde and NJ Jamadar had said that the Court’s records were consistent with RTI replies received by Bharadwaj judge KD Vadane’s court was not notified as a special court under the NIA Act.
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Update by Live Law (July 15)

#BombayHighCourt will hear lawyer-activist, #SudhaBharadwaj’s plea seeking default bail on the grounds that the Pune judge was not authorised to take cognisance of the chargesheet against her and others in 2019 +++

A bench of Justices SS Shinde and NJ Jamadar will also hear a petition by other accused in the Bhima Koregaon case seeking similar reliefs +++

Hearing begins. Advocate General Ashutosh Kumbhakoni for the State. Adv Yug Chaudhry for Sudha Bharadwaj +++

…
Read thread @LiveLawIndia

Also read: Cognizance Of Bhima Koregaon Chargesheet Vitiated As Pune Judge Wasn’t Special Judge Under NIA Act? Bombay High Court To Examine (Live Law, July 8, 2021)

BK16: Why Is The Judiciary Still Sleeping? / Demise of Father Stan Swamy Marks Death of India’s Conscience

15/07/2021 Rani

BK16: Why Is The Judiciary Still Sleeping?

15/07/2021

Countercurrents / by Sangeeta Kamat

The Bhima Koregaon15 spending a single additional night in jail is a travesty of justice.
The third report by Arsenal on evidence planting became public on July 6, with even more damning evidence corroborating the first two reports in February and April that confirmed extensive evidence planting on Rona Wilson’s hard drive, the first of the arrestees in the BK16 case. The third report meticulously documents transcripts of the malware and external activity on co-defendant Surendra Gadling’s hard drive from 2016 onward by the same attacker! Should not the Indian judiciary take account of the Arsenal reports to declare a fresh line of investigation into the so-called Bhima Koregaon case and release the 15 immediately?
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Demise of Father Stan Swamy Marks Death of India’s Conscience

15/07/2021

The Leaflet / by Aninda Dey

There was hardly a whimper in response to the sudden arrest of Father Stan Swamy on unproven charges of links to Maoists and sparking violence at Bhima Koregaon. His months-long incarceration under the UAPA, inhuman treatment, and tragic death is a dangerous trend that we Indians cannot ignore, for anybody could be next, writes Aninda Dey.
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Also read:
►Evidence found on a second Indian activist’s computer was planted, report says (Washington Post, July 6, 2021)
► Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

Bombay HC directs NIA, prison authorities to examine Stan Swamy’s medical reports

14/07/2021 Maya

Bangalore, July 14

Scroll.in / by Scroll Staff

Swamy’s lawyer has blamed the central agency and Taloja Jail authorities for the activist’s death.
The Bombay High Court on Tuesday directed the National Investigation Agency and the Maharashtra prison department to examine the medical reports of tribal rights activist Stan Swamy, who died on July 5, reported the Hindustan Times.
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Release BK15 and all Political Prisoners / Protest & Solidarity: Dhanbad – Bangalore – Varanasi – Bhilai – Pune

14/07/2021 Rani

Pan-India movement call by Shahid Father Stan Swamy Nyayik Sangarsh Morcha

14/07/2021

The Telegraph / by Animesh Bisoee

The morcha has held discussions with the Aituc, Intuc, SFI and social organisations for an all-India coordination committee
Trade unions, farmer unions, student unions and social organisations protesting against the death of Father Stan Swamy in judicial custody will form a coordination committee to submit memoranda to governors of different states for the repeal of the Unlawful Activities (Prevention) Act and release of rights activists arrested under the anti-terror law on allegedly flimsy grounds.
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Bangalore, July 14

Varanasi demands justice for Fr Stan Swamy

13/07/2021

Sabrangindia / by Sabrangindia

In memory of Fr Stan, Varanasi demands release of Bhima-Koregaon accused and other political prisoners
The Samiksha Sanskrit Manch, a Varanasi-based citizens’ group has demanded the release of those arrested under draconian laws.The demand was made during a tribute meeting and candle march organised on July 12, 2021 in memory of Adivasi rights activist and Jesuit priest Fr. Stan Swamy.
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Bhilai, July 13

By Progressive Writers Association, PUCL, AITUC, ACTU, TUCI, Chhattisgarh Mukti Morcha Mazdoor Karyakarta Samiti, Mahila Mukti Morcha & Rela among others

Release Political Prisoners: CJP to Maharashtra CM

13/07/2021

By Citizens for Justice and Peace

In wake of Fr. Stan’s passing, CJP appeals for release of remaining Bhima Koregaon accused.
Citizens for Justice and Peace (CJP) has once again written to Maharashtra Chief Minister Uddhav Thackeray, urging him to consider recommending to the high-power committee, that the remaining accused in the Bhima Koregaon case be released on interim bail. There are still 14 people languishing in jail after Fr. Stan Swamy passed away and Varavara Rao was released on medical grounds.
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NIA, NHRC, Modi govt and judicial system executed plot against Stan Swamy: Maoists

13/07/2021

The New Indian Express / by Mukesh Ranjan

The CPI (Maoists) has demanded immediate release of all the activists lodged in jail in Bhima Koregaon case.
The Maoists on Tuesday alleged that the National Investigation Agency (NIA) framed Stan Swamy in a fake case and demanded immediate release of all the activists lodged in jail in the Bhima Koregaon case.
The CPI (Maoists) also demanded the withdrawal of all the cases filed against them and appealed to the writers, artists, singers, lawyers, and democratic intelligentsia to support them.
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Murder by the system: Cops, activists launch into verbal clashes at protest site

13/07/2021

The Indian Express / by Express News Service

Claiming that Swamy’s death was “murder by the system”, and that he was treated inhumanly after his arrest, activists gathered under the banner of ‘Bhima Koregaon Shauryadin Prerna Abhiyaan’ and staged a protest.
Heated arguments broke out between police and activists gathered at the Pune district collectorate during a protest on Monday against the death of Father Stan Swamy, an accused in the Elgaar Parishad case.
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London, July 10

South Asia Solidarity in London, outside the High Comm of India.

Plea against transfer of Bhima Koregaon probe from State Police an obstacle: NIA to Bombay HC

13/07/2021 Rani

Plea against transfer of Bhima Koregaon probe from State Plice an obstacle: NIA to Bombay HC

13/07/2021

Bar & Bench / by Neha Joshi

The plea challenging the transfer of probe in the Bhima Koregaon case from Pune Police to the National Investigation Agency (NIA) is an exercise is to impede and cause obstacles in the process of investigation by central agency, the NIA submitted before the Bombay High Court.
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NIA tells HC that Bhima-Koregaon case given to it because of ‘gravity of offence’

13/07/2021

The Hindu / by Sonam Saigal

NIA tells HC that Bhima-Koregaon case given to it because of ‘gravity of offence’
The National Investigation Agency (NIA) on Tuesday told the Bombay High Court that, “considering the gravity of the offence and its inter-State link and implications on national security, the Central government had suo motu directed the NIA to take up the investigation” in the Bhima-Koregaon case.
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Also read: Petition filed in Bombay High Court challenging transfer of case investigation to NIA (The Leaflet, June 2020)

Arsenal Report Can’t Be Relied Upon, Pune Police Opposes Rona Wilson’s Plea

13/07/2021 Rani

Arsenal Report Can’t Be Relied Upon, Pune Police Opposes Rona Wilson’s Plea Alleging Planting Of Materials

13/07/2021

Live Law / by Sharmeen Hakim

The Pune police that was stripped of the investigations into the Bhima-Koregaon Elgar-Parishad case by the Union government in January 2020, has filed an affidavit on the same lines as the National Investigation Agency(NIA) opposing activist Rona Wilson’s petition seeking to quash the case before the Bombay High Court.
The affidavit filed by Deputy Commissioner of Police Shrinivas Muralidhar Ghadge seeks dismissal of Wilson’s petition on grounds of maintainability, including stating that the report by USA based Arsenal Consulting is not admissible as it is not a part of any of the charge sheets filed by the investigating agencies.
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Pune Police opposes Rona Wilson’s plea alleging ‘planted’ evidence, calls it ‘premature’

13/07/2021

The Indian Express / by Express News Service

The Pune Police said the forensic report of the US-based consultancy was not a part of the chargesheet and can be looked into by the trial court and need to be dealt with currently by the high court.
The Pune Police has recently opposed a petition filed by Rona Wilson, an accused in the Elgaar Parishad case, seeking to quash a chargesheet filed against them claiming the charges levelled were based on material that was allegedly planted on electronic devices of the activist.
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Also read: Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 7)

Bhima Koregaon Case: Where Are The Hindutva Leaders Accused of Violence?

12/07/2021 Rani

The Quint / by Himanshi Dahiya

Three years on, Milind Ekbote remains out on bail. Sambhaji Bhide, now 88, is yet to be called for questioning.
On 2 January 2018, a day after violence broke out at Bhima Koregaon, an FIR was filed in Pune’s Shikrapur police station against Sambhaji Bhide and Milind Ekbote — leaders of Hindutva outfits Shiv Pratishthan Hindustan and Samasta Hindu Aghadi, respectively — allegedly for “orchestrating” the anti-Dalit violence.
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Also read: Casting a Veil – What we miss by ignoring Maratha caste politics in the Bhima Koregaon case (The Caravan, Dec 2020)

Bhima Koregaon commission gets extension until Dec 31st / Panel likely to resume work from Aug

11/07/2021 Rani

Bhima Koregaon commission gets extension until December 31st

11/07/2021

Hindustan Times / by Nadeem Inamdar

The Bhima Koregaon inquiry commission has been given an extension from August 2nd until December 31st by the state home department.
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Bhima Koregaon clashes probe panel likely to resume work from August

09/07/2021

The Hindu / by Shoumojit Banerjee

It may record Sharad Pawar’s statement
After a long hiatus due to the COVID-19 pandemic, the two-member commission appointed by the Maharashtra government to probe the causes of the 2018 Bhima-Koregaon clashes is likely to resume work next month. It may record the statement of Nationalist Congress Party (NCP) chief Sharad Pawar and other senior officials, said sources on Friday.
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Stan Swamy was ‘killed’, Shiv Sena MP Sanjay Raut attacks Modi govt / Stan, UAPA and the Performative Solidarity of Politicians

11/07/2021 Maya

Drawing by Arun Freirra

Stan Swamy was ‘killed’, Shiv Sena MP Sanjay Raut attacks Modi govt over activist’s death

11/07/2021

The Indian Express / by Vishwas Waghmode

A government that is scared of an 84-year-old man is dictatorial in attitude but weak in the heart like Hitler’s and Mussolini’s, said Raut in his weekly column in party mouthpiece Saamana.
Hitting out at the Union government over the death of Father Stan Swamy, Shiv Sena MP Sanjay Raut on Sunday said the tribal-rights activist was “killed” in jail. The Sena MP further asked whether the country’s foundations were so weak that an 84-year-old man could overthrow the Narendra Modi government, equating it with the ones of Hitler and Mussolini.
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Shiv Sena asks Centre if Father Stan Swamy was capable of overthrowing state

11/07/2021

Hindustan Times / by Naresh Kamath

Raut said that while the prominent activists arrested in the Bhima Koregaon case were guilty of provocative speeches before the violence on January 2, it required investigation to prove if they were actually conspiring against the nation.
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Father Stan, UAPA and the Performative Solidarity of Politicians

10/07/2021

The Wire / by Farah Naqvi

For politicians expressing anguish and outrage in this moment of injustice, the best tribute would be to do what Fr. Stan Swamy did his entire life.
“Stan Smith (84) passes away. The system sucks. UAPA. No bail. Little hope of early trial. Others too languish in jail. Lawyers , Academics , Social Activists ….raise their voices for the voiceless. They too are now “voiceless”. The State calls them “ terrorists,” Kapil Sibal, Congress MP, tweeted on July 5, 2021.
Sibal got the name wrong. And he forgot to say sorry. For this casual disrespect to a martyr for democracy, even before dust had settled on his grave. He also forgot to say sorry for his own role in giving India the dark gift of the Unlawful Activities (Prevention) Act (UAPA) that finally killed Fr. Stan Swamy. The gift that keeps on giving.
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His Death is Just a Statistic for Them: Anand Grover

10/07/2021

The Citizen / by The Citizen Bureau

‘In other countries if one is wrongly prosecuted they can sue the police or the government’
Senior advocate Anand Grover has represented poet Varavara Rao and professor Shoma Sen imprisoned without trial since 2018 under the Unlawful Activities (Prevention) Act in charges including a police-alleged plot to assassinate PM Narendra Modi.

Your reaction to Stan Swamy’s death?
It is a failure of the whole criminal justice system.
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UAPA Wrecking Lives: What Is The Human Cost? / Trying Without a Trial Is the Intent of Draconian UAPA Law

10/07/2021 Rani

UAPA Wrecking Lives: What Is The Human Cost?

10/07/2021

Live Law / by Manu Sebastian

It is high time that the human costs extracted by the unjust detentions under UAPA are calculated and accountability is fixed on those investigating officers who trapped innocents by misusing the statute.
This article is not about how the draconian Unlawful Activities Prevention Act(UAPA) is leading to blatant violations of civil liberties and how the act is being used to criminalize dissent. Much has been written and commented about this aspect by several constitutional scholars.
Experienced criminal law practitioners have highlighted that the stringent bail provisions of UAPA result in innocent persons languishing as undertrials on flimsy and fanciful chargers, only to be acquitted several years later. There is no need to add to the overwhelmingly compelling critical commentarries about UAPA.
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Trying Without a Trial Is the Intent of Draconian UAPA Law

09/07/2021

The Wire / by Rajshree Chandra

‘Trial by process’ is the political and organisational logic of the UAPA.
An 84-year-old Jesuit Father, Stan Swamy, charged for inciting violence in Bhima Koregaon (BK), died inside the panoptic walls of the Taloja jail on July 5. Despite his age, despite his Parkinson’s-ravaged body, despite his tremors, despite his Covid infection, despite all his frailties, he had been denied bail repeatedly. Rather than his ailing, failing body becoming a ground for bail and appropriate medical care, his body became yet another ground on which the National Investigation Agency (NIA) waged its vicious war.
Now with one gone, there are 15 other bodies, 15 other grounds, 15 other citizens on whose imprisoned bodies this diabolical war shall continue, in which law will be upheld procedurally, but justice denied.
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