by Live Law / @LiveLawIndia (Aug 21):
#SupremeCourt to soon hear Dalit rights’ activist and advocate Surendra Gadling’s bail plea in the 2016 Gadchiroli Arson Case. The Nagpur-based lawyer is also among the 16 accused in the Bhima Koregaon case. Bench: Justices MM Sundresh and Aravind Kumar Gadling filed a special leave petition challenging the Bombay High Court’s decision to reject his bail application in the Gadchiroli arson case, which involved around 80 vehicles transporting iron ore from Surjagarh mines in Maharashtra’s Gadchiroli district from allegedly being set on fire by Maoists in December 2016.
How Supreme Court has liberalised bail jurisprudence under anti-terror law UAPA in last three years
16/08/2024
The Print / by Akashat Jain
Section 43D(5) of the Act lays down stringent provisions for grant of bail, but there has been a gradual shift in giving bail to UAPA accused over past few years.
From bombing accused K.A. Najeeb to Bhima-Koregaon accused Vernon Gonsalves, the Supreme Court has allowed bail to many accused of terrorism in the last three years. It has allowed bail despite its 2019 order which pegged the standard for allowing bail under the Unlawful Activities Prevention Act (UAPA), 1967 to be higher, a decision which has rarely followed. Read more
UAPA no exception to the rule on bail
15/08/2024
Hindustan Times / by HT Editorial
Taken together, SC’s pronouncements underline the draconian nature of the law. It is time this is addressed by the legislature of a mature democracy.
Time and again, the Supreme Court (SC) has pronounced that bail is the rule and jail the exception. But Tuesday’s ruling, that this holds true for special statutes such as the Unlawful Activities (Prevention) Act, or UAPA, is of special import. Not because the apex court reiterated its protection of the personal liberty of citizens, but because in ruling so, it implicitly outlined how the law lends itself to strategic misuse. Read more
Freedom Of Fantasy | Chinki Sinha In Conversation With Anand Teltumbde
Anand Teltumbde’s room has a single bed, a large window and a bookshelf. This is where he lives and writes. The old building is inside the premises of the famous Rajgruha, a memorial and a museum dedicated to B. R. Ambedkar at Hindu colony of Dadar in Mumbai. Teltumbde, who was arrested in the Bhima-Koregaon violence that happened on January 1, 2018, was released jn November 2022. In an interview with Outlook, he talks about freedom of fantasy and class and caste in India. en | 01:09:37 | 2024 Watch video
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. Read more
Sagar Gorkhe and Surendra Gadling seek jail reforms, action against ‘corrupt’ officer
Elgaar Parishad accused seeks jail reforms, action against ‘corrupt’ officer
15/08/2024
The Indian Express / by Express News Service
Gorkhe’s letter also called for better regulation of the prices for vegetables and chicken provided to prisoners, and requested that access to the canteen be increased from twice to four times a month.
Elgaar Parishad case accused Sagar Gorkhe wrote a letter to the DIG, Prisons requesting better access to jail canteen and action against a jail officer who was accused of corruption. Read more
Exorbitant Prices of Food, Corrupt Officials Divert Ration to VIP Prisoners: Jailed Activists
14/08/2024
The Wire / by The Wire Staff
Earlier this month, Gadling sent his complaint letters to the prison authorities and the local Panvel police station, under whose jurisdiction Taloja Prison falls, naming senior jailor Sunil Patil as the person behind the rampant corruption.
In a detailed complaint to the police and the court, human rights defenders Surendra Gadling and Sagar Gorkhe, both arrested for their alleged role in the Elgar Parishad case, have exposed the ongoing corruption in the functioning of the canteen facility inside Taloja Central Prison on the outskirts of Mumbai. Read more
Special food for the rich, infested curries for others: Lawyer on graft in Taloja canteen
08/08/2024
Hindustan Times / by Revu Suresh
Sumit Gadling, lawyer and son of Surendra Gadling, said that they are planning to move the Bombay high court for a larger investigation into the matter
Surendra Gadling, a human rights lawyer and activist arrested in connection with the Bhima Koregaon case, has complained to the state anti-corruption bureau regarding widespread graft in the functioning of the canteen at Taloja Central Jail in Navi Mumbai. Read more
New complaint alleges Taloja prison underbelly: ‘Mutton meals for RS 8.000 per kg, 40% cuts, zero record’
06/08/2024
Newslaundry / by Prateek Goyal
Surendra Gadling’s complaint comes a month after Bhima Koregaon co-accused Sagar Gorkhe raised similar concerns in a letter to authorities.
Fried chicken for Rs 2,000, Hyderabadi-Muradabadi biryani for Rs 1,500, Schezwan rice for Rs 500, prawns biryani for Rs 2,000, mutton masala for Rs 8,000, and mutton curry for Rs 7,000.
This may sound like an egregiously overpriced menu of a five-star hotel, but these are prices per kilogram offered allegedly through VIP canteen services for wealthy prisoners lodged at Maharashtra’s Taloja central prison. Read more
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. Read more
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!
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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. Read more
Subcategorisation verdict: India needs a reservation model solving the problem of caste, not perpetuating it
For reservation benefits to accrue equitably to all people, families that availed themselves of reservation and its benefits should experience a proportionate suppression of their chances the next time they attempt to get reservation, writes Anand Teltumbde.
The recent verdict of the Constitution Bench of the Supreme Court upholding the legality of the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of reservations has already created an avalanche of reactions, both positive and negative, most groping like the proverbial blind man describing an elephant. Read more
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
Artists in Kabir Kala Manch are struggling to earn a living due to state-sponsored censorship
Kabir Kala Manch, a Pune-based protest performance art troupe, has been a target of the State since its inception in 2002. The group propagates the anti-caste and equality ideology of Phule-Shahu-Ambedkar and Marx through songs and street plays.
In 2019, police arrested three members, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap, in the Bhima Koregaon case for allegedly inciting communalism through songs at Elgar Parishad. Read more / read poem
On July 15, a bench of Justices MM Sundresh and Aravind Kumar stated that they were not inclined to grant her interim bail. Senior Advocate Mihir Desai (appearing for Jagtap) told the bench that the case erroneously listed for interim bail as she is challenging the order of the Bombay HC refusing to grant her regular bail.
‘Bhima Koregaon: Challenging Caste’ by Ajaz Ashraf: Laying bare Maharashtra’s deep-rooted caste fault lines
11/08/2024
The Tribune India / by Debashish Mukerji
By now, it is manifestly clear that the Bhima Koregaon case, unfolding since 2018, is an indelible blot on India’s democratic record.
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Two books recalling these shameful developments have been published this year — ‘The Incarcerations’ by Alpa Shah, an anthropology professor at the London School of Economics, and ‘Bhima Koregaon: Challenging Caste’ by veteran journalist Ajaz Ashraf. Both are staggeringly well researched; however, while they do inevitably cover much common ground — using interviews with the same people, even quoting from the works of the same experts (such as Paul Brass and Christophe Jaffrelot) — their focuses are somewhat different. Read more
Groundbreaking book, addresses oppression of Dalits, ‘Brahminical’ underpinnings
05/08/2024
Counterview.net / by Harsh Thakor
‘Bhima Koregaon: Challenging Caste – Brahminism’s Wrath Against Dreamers Of Equality’ is a groundbreaking work addressing the oppression of Dalits and the Brahminical underpinnings of the state. This book compellingly illustrates the perilous consequences faced by those engaged in the struggle against class and caste hierarchies in India, especially since 2014, where any quest for justice and equality is often met with suppression and criminalization. It holds an esteemed place in the literature that confronts proto-fascism and embodies the fury of Brahminism against advocates of equality. Read more
New book investigates Bhima Koregaon—‘riots are manufactured, not spontaneous’
02/08/2024
The Print / by Antara Baruah
There’s no singular account of what happened at Elgar Parishad. In ‘Bhima Koregaon: Challenging Caste’, Ajaz Ashraf offers precisely this.
The battle in today’s India is between those dreaming of equality and those upholding Brahminical hierarchy. It is within this context that senior journalist Ajaz Ashraf situates the contentious legacy of Bhima Koregaon as a site and symbol of Dalit liberation in his book, Bhima Koregaon: Challenging Caste.
In the book, he discusses the events following Elgar Parishad—held to commemorate the Battle of Bhima Koregaon’s 200th anniversary on 31 December 2017—and the wrongful arrest of 16 activists, professors, and journalists, collectively known as BK16. Read more
Process as Punishment – Recent books that bear witness to the BK-16’s incarceration
31/07/2024
The Caravan / by Kaashif Hajee
“The Incarcerations” / “How Long Can The Moon Be Caged” / “Bhima Koregaon: Challenging Caste”
“IT IS ONLY BY CHANCE that I came out of prison alive,” GN Saibaba said, at his first press briefing after his release from Nagpur Central jail on 7 March. The 57-year-old former Delhi University professor also mentioned the inhumane treatment and torture he had faced for nearly ten years in prison. Saibaba, who is wheelchair-bound and over ninety-percent handicapped, was confined to the same cell for over eight years and deprived of a wheelchair. Read more
▪ Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality
Author: Ajaz Ashraf
Publisher: AuthorsUpFront
Publishing Date: June 2024
Pages: 496 Read more/order
▪ The Incarcerations: Bhima Koregaon And The Search For Democracy In India
Author: Alpa Shah
Publishing Date: March 2024
Publisher: Harper Collins Publisher
Pages: 672 Read more / order
▪ How Long Can the Moon Be Caged? Voices of Indian Political Prisoners
Authors: Suchitra Vijayan and Francesca Recchia
Publishing Date: Aug 2023
Publisher: Pluto Press
Pages: 247 Read more / order
by Live Law / @LiveLawIndia (Aug 21):
