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There is freedom, but no mercy

There is freedom, but no mercy

The Indian Express / by T J S George

People are getting arrested as in the days of Indira Gandhi’s Emergency.
Freedom is a funny thing. When it is there, we don’t notice it. When it is not there, we don’t notice anything else. In a country as populous as India, half the people can take their freedom for granted without knowing that the other half is denied basic freedoms. This half-half reality is the defining feature of Narendra Modiji’s India.
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Special court rejects pleas for cloned copies of digital hard disc recovered by investigating agency

Special court rejects pleas for cloned copies of digital hard disc recovered by investigating agency

The Times of India / by Swati Deshpande

A special court in Mumbai on Wednesday rejected applications made by few of the 2018 Elgar Parishad case accused for cloned copies of digital hard disc recovered by the investigating agency.
The special National Investigation Agency Judge court said it heard arguments advanced for and against grant of such clone copies and by a common order rejected five applications.
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Also read: In Bhima-Koregaon Case, More Damning Signs of Planted Evidence (article14, April 2021)

On Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

On Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

Bombay High Court Seeks Reply On Sudha Bharadwaj’s Plea For Default Bail In Bhima Koregaon Case

22/06/2021

Live Law / by Sharmeen Hakim

The Bombay high Court on Tuesday directed the National Investigating Agency and State to file their replies in lawyer-activist Sudha Bharadwaj’s plea seeking default bail on the grounds that the Pune judge was not authorized to take cognizance of the charge sheet filed under the Unlawful Activities (Prevention) Act against her, in 2019.
A division bench of Justices SS Shinde and NJ Jamadar passed the order on Bharadwaj’s plea under Sections 439 and 167 (2) of the Criminal Procedure Code.
Advocate Sandesh Patil for the NIA sought time to reply to the contentions following which the respondents have been asked to filed their replies by July 2 and the matter is posted for hearing on July 3.
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On activist Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

22/06/2021

Scroll.in / by Scroll Staff

Bharadwaj argued that the judge who allowed Pune Police more time to file the chargesheet against her was not a special judge and hence cannot take cognisance.
The activist had moved the High Court for default bail on June 11. Bharadwaj sought bail on the grounds that the Pune Police did not file a chargesheet against her within 90 days, as required under Section 167(2) of the Code of Criminal Procedure. The inquiry in the case was later taken over by the National Investigation Agency.
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Sudha Bharadwaj Moves Bombay High Court Seeking Default Bail

11/06/2021

Live Law / by Sharmeen Hakim

Lawyer-Activist Sudha Bharadwaj, an accused in the Bhima Koregaon – Elgar Parishad case, has approached the Bombay High Court seeking default bail contending that the trial judge was not authorised to take cognisance of the 2019 charge sheet against her.
Her application under section 167 (2) of the Criminal Procedure Code cites RTI replies to demonstrate that the court of Additional Sessions Judge Kishor Vadane in Pune was not authorised to take cognisance of the 1,800-page supplementary charge sheet filed by the Pune Police in February 21, 2019.
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Amid pandemic, India’s political prisoners struggle with failing health in unequipped jails

Amid pandemic, India’s political prisoners struggle with failing health in unequipped jails


Prison diaries. Drawing by Arun Ferreira

Amid pandemic, India’s political prisoners struggle with failing health in unequipped jails

22/06/2021

The Caravan / by Nileena MS

As of 6 June this year, five of the 16 persons accused in the Bhima Koregaon case have spent over three years in jail without trial. These 16 individuals include lawyers, academics, a poet, a priest and activists. They are among scores of political prisoners in the country who have been arrested under the Narendra Modi government. Seven of the 16 have tested positive for COVID-19, and many of the others suffer from serious conditions, including comorbidities. Despite a rampaging second wave and increasing reports about worsening health conditions in jails, India appears intent on keeping its political prisoners behind bars.
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Vaccination drive in Maharashtra prisons going slow

22/06/2021

The Hindu / by Sonam Saigal

Only 4,409 of 33,971 inmates have received at-least the first dose.
The vaccination drive across 47 prisons in Maharashtra has been rather slow with only 4,409 inmates having received at least the first dose out of the total 33,971 inmates, that it houses.
According to the Maharashtra Prison Department, there are 28,716 under-trials and 5,255 convicts lodged across the State of which 3,338 under-trials and 1,021 convicts have been vaccinated.
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Also read: Imprisoned and Unsafe – Prisoners and the Pandemic (PUCL, Sep 2020)

Bail after 3 years for the incarcerated Mumbai Electric Employees Union Workers

Bail after 3 years for the incarcerated Mumbai Electric Employees Union Workers

tnlabour.in / By Thozhilalar Koodam

After 3 long years, the five workers of Mumbai Electric Employees Union are out on bail. The State which arrested these workers under UAPA in the aftermath of Bhima Koregaon incident has not been able to prove any of its charges. These workers were guilty of one thing only, they were to organise contract workers against their mighty owner Reliance. As they could not be charged of these activities as treason, the State keeps finding flimsy charges to keep hundreds of activists and workers in jail under other pretexts.
While they still have a long way to go to clear the charges against them, their union Mumbai Elecrtic Employees Union has released the following pamphlet in solidarity with the arrested workers and to continue the struggles of exploited contract workers against their management. This pamphlet was translated in hindi, tamil and telugu and was distributed among workers.
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UAPA bail orders come down hard on attempts to equate protest with “Terrorism” / A Cry for Justice

UAPA bail orders come down hard on attempts to equate protest with “Terrorism” / A Cry for Justice

Delhi HC UAPA bail orders come down hard on attempts to equate protest with “Terrorism”

21/06/2021

The Leaflet / by Kavita Krishnan

The Delhi HC bail orders vindicate what pro-democracy activists have been saying since last year: The Delhi Police investigation is blatantly biased and has spun a fantastic conspiracy theory to falsely accuse anti-CAA protestors, especially those of the minority Muslim community, of the very “riots” that was planned and targeted against them making them the victims, says Kavita Krishnan.
…In the Bhima Koregaon case, and the Delhi riots case, as well as several cases involving unarmed protestors all over India, we have seen how the UAPA is used to criminalise protest and punish protestors.
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A Cry for Justice that Keeps Getting Louder

21/06/2021

The Leaflet / by Cedric Prakash

A regime that oppresses the weak and suppresses those who speak against it will always have to deal with more and more dissent. The key to peace and justice in India lies in following the Constitution, writes Cedric Prakash.
… From Aisha Sultana to Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha. From Khori to Lakshadweep. From Tihar Jail to Taloja Jail. From Fr Stan Swami to Umar Khalid. From the Bhima-Koregaon sixteen to the other UAPA-incarcerated. From Sulabh to Siddique, from farmers to workers, from the unemployed to the refugees, from minorities to the marginalised, from the caregivers to the academics, from the toolkits to the brazen headlines, from rising costs to lack of vaccines—the cries for justice in India have never been so shrill and clear!
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Video: Surekha Gorkhe speaks about prison conditions during the pandemic

Video: Surekha Gorkhe speaks about prison conditions during the pandemic


hindi (english subtitles) | 5:36min | 2021

By Dalit Camera: Through Un-Touchable Eyes

Surekha Gorkhe, mother of political prisoner Sagar Gorkhe speaks to Rupali Jadhav about prison conditions during the pandemic. The lives of her son and other political prisoners are in grave danger, given the congested conditions of the jails. She appeals to everyone to raise the demand:
#FreeSagarGorkhe #FreeRameshGaichor #freejyotijagtap #ReleaseAllPoliticalPrisoners

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Video: Jailed to Die? India’s incarcerated human rights defenders and the Covid emergeny

Video: Jailed to Die? India’s incarcerated human rights defenders and the Covid emergeny


en | 2h | 2021

By InSAF India

Public Appeal Meeting with family members of #BhimaKoregaon 16, and legal and human rights experts.

Watch video


By InSAF (June 19):
We’re Live now talking about India’s incarcerated human right defenders and the #covid emergency with @lsnul @jennyrowena @Aakar__Patel @koel_ko, Simi Korote, Shahrukh Alam and Father Xavier +++
Shahrukh Alam draws important comparison between Indian and other legal systems, noting how the Indian legal system allows for a lengthy period of detention even before the person is found guilty +++
She further notes on how recent #UAPA FIRs against political dissidents are against the right to political protest but are highly problematic in their treatment of dissidents from marginalised groups, openly criminalised and reek of islamophobia +++
Many of the speakers today pointed out, we need sustained international pressure – even for ensuring pasic rights for political detainees. Please consider signing and sharing our letter today +++
@Aakar__Patel notes how post 2014, under a majoritarian government, all minority communities have been sidelined. He further notes how this majoritarianism has resulted in specific legal implications, mostly for Muslims and other minorities +++
He also notes, “the only reason the Bhima Koregaon undertrials are still in jail is because of the state’s malice…”. Are we just going to allow our human right defenders to languish in prisons for the satisfaction of the Indian govt? We need accountability & justice! +++
Listening to Sagar Gonsalves speak about his father and his helplessness in ‘Jailed to Die? India’s incarcerated human rights defenders and the Covid emergency’ … enraging! +++
Father Xavier talks of how Father Stan Swamy, 84 year old in prison, has been criminalised for standing for the rights of the marginalised, specifically rights of tribal and adivasi communities. Shame on the Indian state! +++
Kudos to @jennyrowena for speaking so bravely about how her partner, Prof Hany Babu has challenged caste hierarchies within academia, politics and the country for which he is now being punished. She notes the disproportionate caste representation in these spaces +++
And how the only way to change this is to get freedom from the caste colony, demanding accountabilities Ty from the savarnas! She calls for the takeover of universities, legal system, political systems by Dalit-Bahujans for any hope of change in this country +++
@jennyrowena notes how her husband, prof Hany Babu had a severe eye infection in prison which has since even threatened his vision but was denied appropriate medical attention. This brutality of this legal system is horrific. We stand in solidarity with @jennyrowena & Hany Babu +++

Also Read: Prominent international figures support appeal for release of human rights defenders as India faces Covid emergency (InSAF India, June 10)

Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5 / NIA to HC: Swamy is an active member of CPI (M)

Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5 / NIA to HC: Swamy is an active member of CPI (M)

Swamy is an active member of CPI (M), evidence shows his complicity; NIA tells Bombay HC

19/06/2021

Free Press Journal / by Narsi Benwal

The National Investigation Agency (NIA) on Thursday told the Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar that there is sufficient material to prosecute arrested Jesuit Priest Stan Swamy under the UAPA law. The agency has said Swamy is an active member of banned outfit CPI (Maoist) and it could be established with his ‘Lal Johar’ aka ‘Lal Salaam’ salutations.
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He Is Critical And Require Intensive Care: Bombay HC Extends Stan Swamy’s Hospital Stay Till July 5

17/06/2021

Live Law / by Srishti Ojha

The Bombay High Court on Thursday extended 84-year-old tribal rights activist from Ranchi Father Stan Swamy’s private hospital stay till July 5th after perusing his Medical report which stated that he continues to be critical and requires intensive care.
“As per detailed medical report, it is suffice to record that Medical Director has reported that he continues to be critical and requires intensive care. In view of aforesaid report, we deem it appropriate to extend the admission of the appellant in Holy Family Hospital Bandra in terms of orders passed by this court on May 28th 2021 till July 5th 2021. Appeal be listed on July 3rd.” the Bench noted.
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