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What About Personal Liberty Of Sudha Bharadwaj, Anand Teltumbde, VV Rao & Stan Swamy?

What About Personal Liberty Of Sudha Bharadwaj, Anand Teltumbde, VV Rao & Stan Swamy?

SC Protects Arnab’s Personal Liberty, Why Not Sudha Bharadwaj’s?

15/11/2020

Kashimir Pen / by Web Desk

Leading human rights and constitutional lawyer Karuna Nundy applauded the Supreme Court for acting out its self-professed role as ‘sentinel on the qui vive’ and protecting personal liberty when ordering Arnab Goswami’s release on interim bail – but had some tough questions about the consistency of the court’s approach.
She noted that even though the Republic editor-in-chief had not only damaged people’s reputations by calling them terrorists and anti-nationals, and actually influenced the taking of state action against them – from Umar Khalid to the Bhima Koregaon accused – it was still a good thing that his case was heard on a priority basis by the apex court.
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Video: SC Protects Arnab’s Personal Liberty, But What About Sudha Bharadwaj’s?

13/11/2020


en | 7:32min | 2020

The Quint / by The Quint

Supreme Court advocate Karuna Nundy explains why there are concerns over the consistency with which the apex court will apply its order granting Arnab Goswami interim bail, with Sudha Bharadwaj’s case a prime example.
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Video: What About Liberty Of Anand Teltumbde, Varavara Rao, Stan Swamy, Asks Kapil Sibal

12/11/2020


en | 11:23min | 2020

NDTV / by NDTV

The Supreme Court’s order on Wednesday in the Arnab Goswami case has major implications beyond just this one instance. Justice Chandrachud observed, “Forget Arnab Goswami for a moment, we are a Constitutional court…. If we as a Constitutional Court do not lay down law and protect liberty, then who will?” He went on to add, “If we don’t interfere in this case today, we will walk on path of destruction. You may differ in ideology but Constitutional courts will have to protect such freedoms…” The remarks come at a time when thousands languish in jails in want of bail. These include the old and the infirm, like 81-year-old Varavara Rao accused in the Bhima-Koregaon case and Father Stan Swamy who suffers from Parkinson’s.
After the Supreme Court’s observations that ‘constitutional courts have to protect freedoms’, will this set a precedent in other pending cases as well? We speak to senior advocate and Congress MP Kapil Sibal who was in Supreme Court in connection with this case.
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‘Humanity is bubbling in Taloja prison,’ Stan Swamy says in letter to friends

‘Humanity is bubbling in Taloja prison,’ Stan Swamy says in letter to friends

Pic: Bangalore, Nov 12

Excerpts from a letter written by Fr. Stan Swamy SJ, from the prison, with the help of Arun Ferreira

By Fr Stan Swamy

Dear friends
Peace!
Though I do not have many details, from what I have heard, I am grateful to all of you for expressing your solidarity support.
I am in a cell approximately 13 feet x 8 feet, along with two more inmates. It has a small bathroom and a toilet with Indian commode. Fortunately, I am given a western commode chair.
Varavara Rao, Vernon Gonsalves and Arun Ferreira are in another cell. During the day, when cells and barracks are opened, we meet with each other.
From 5.30 pm to 06.00 am and 12 noon to 03.00 pm, I am locked up in my cell, with two inmates. Arun assists me to have my breakfast and lunch. Vernon helps me with bath. My two inmates help out during supper, in washing my clothes and give massage to my knee joints. They are from very poor families.
Please remember my inmates and my colleagues in your prayers.
Despite all odds, humanity is bubbling in Taloja prison.


Jesuit priest’s letter from Taloja Central Jail

15/11/2020

The Telegraph / by Pheroze L. Vincent

Excerpts from the letter by the Jesuit priest and tribal rights activist from Ranchi, whose full name is Stanislaus Lourduswamy, have been widely circulated on Facebook this Diwali…
Jesuit priest Father David Solomon, director of the Ranchi NGO Bagaicha — a workspace for activists where Swamy lived and worked — confirmed the authenticity of the excerpt.
He said the rest of the letter’s contents were not being disclosed as they included personal information. Nor has the identity of the recipient been revealed for fear of harassment of priests and institutions run by them.
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‘Humanity is bubbling in Taloja prison,’ Stan Swamy says in letter to friends

14/11/2020

Scroll.in / by Scroll Staff

The 83-year-old suffers from Parkinson’s disease and needs help with chores.
Jailed human rights activist Stan Swamy wrote to his friends about fellow inmates who help him with his chores and said that despite all odds, “humanity is bubbling in prison”. Excerpts from the letter were shared on social media by Swamy’s friend, human rights activist John Dayal.
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A List of Activists, Scholars and Scribes Whose Personal Liberty Remains at Judiciary’s Mercy

A List of Activists, Scholars and Scribes Whose Personal Liberty Remains at Judiciary’s Mercy

A List of Activists, Scholars and Scribes Whose Personal Liberty Remains at Judiciary’s Mercy

13/11/2020

The Wire / by Ismat Ara and Sukanya Shantha

On September 7, following sustained interrogation at the National Investigation Agency’s office in Mumbai, two activists of the Kabir Kala Manch – Sagar Gorkhe and Ramesh Gaichor – were arrested for alleged connections to the 2018 Elgar Parishad case. Days later, another young cultural activist of the group, Jyoti Jagtap, was arrested too…
The Wire has put together a list of cases where activists and journalists arrested in the past years have struggled either in securing regular hearings, or in having their basic human rights protected, or both. Their situations put the Supreme Court’s assertion on “personal liberty” during Goswami’s bail hearing in harsh perspective.
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Stan Swamy vs Arnab Goswami: Are activists fighting a losing battle? Whither justice?

14/11/2020

Counterview / by Fr Sunil Macwan SJ

It is time one raised pertinent questions over the courts denying bail to Fr Stan Swamy, who was arrested under the Unlawful Activities (Prevention) Act (UAPA), and granting it to Arnab Goswami, editor-in-chief of the Republic TV, arrested under the charge of abetting suicide of Avay Naik, who ended his life in 2018. It is travesty of justice that a human rights activist is not only denied bail but is also made to wait for weeks to hear a response to his legitimate request for a straw to drink water, while Arnab Goswami walks free.
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Varavara Rao’s personal liberty: Will Justice Chadrachud’s order set a precedent?

Varavara Rao’s personal liberty: Will Justice Chadrachud’s order set a precedent?

Counterview / by Vidya Bhushan Rawat

The Bombay High Court has rejected the bail of poet and author Varavara Rao, who is incarcerating in Mumbai’s Taloja Central Jail for over two years in the Bhima Koregaon ‘conspiracy’ case, in which a chargesheet has not yet been filed. Rao is 80 plus and cannot walk without help. He is suffering from various ailments. The court has “directed” the government to get him treated. It seems the government is willing to spend money on his treatment but is not ready to give him bail.
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Also Read: VARAVARA RAO DENIED BAIL TILL NOV 17, BOMBAY HC DIRECTS IMMEDIATE MEDICAL EXAMINATION

Political Prisoners – X

Political Prisoners – X

Indian Cultural Forum / by ICF Team

A Turkish folktale, lately popular worldwide, relates that there was once—upon a time—a copse of trees that mistook an axe for a friend. “Look, it’s got a wooden handle!” cheered the trees. “The axe is one of us!” Pretty soon, those became famous last words. Variants of the plot are found in Hebrew and Kannada, Urdu and Greek, for when a folktale goes global we often discover it was global all along.
In The Leaflet (October 25), Annie Domini asks how we can “accurately recapture the evil of a State that finds solidarity to be a crime”.
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Why are inmates unable to access basic facilities in Indian prisons?

Why are inmates unable to access basic facilities in Indian prisons?


Drawing by Arun Ferreira

Scroll.in / by Vijayta Lalwani

According to prison manuals, jail authorities are responsible for ensuring food, clothing and health facilities to inmates.
On November 6, activist Stan Swamy filed an application in a special court in Mumbai requesting access to use a straw and a sipper… When he was arrested in Ranchi, Jharkhand, he carried a small bag with himself that contained a few of his belongings as well as a straw and a sipper, said his lawyer Sharif Sheikh. However, after the arrest, the bag was left with the National Investigation Agency, which is probing the case.
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For one and all: On personal liberty / A Tale of Two Arrests: Arnab Goswami & Stan Swamy

For one and all: On personal liberty / A Tale of Two Arrests: Arnab Goswami & Stan Swamy

For one and all: On personal liberty

13/11/2020

The Hindu / by The Hindu

The Supreme Court has struck a blow for personal liberty, granting interim bail to television anchor Arnab Goswami through an order that one wished was also passed in the case of many others incarcerated without sufficient cause, and with the same priority, consideration and speed…
It is no idle whataboutery to point out that it was only recently that the apex court turned down a petition for bail on medical grounds for lawyer-activist Sudha Bharadwaj to the High Court with a gratuitous observation, “You have a good case on merits. Why don’t you file a regular bail application?”
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A Tale of Two Arrests: Anchor Arnab Goswami & Activist Stan Swamy

12/11/2020

The Leaflet / by Revati Siva Kumar

The arrest of Arnab Goswami evoked howls of protests from the centre, politicians and ordinary people, while that of octogenarian activist Stan Swamy under the dreaded UAPA barely registered. This “counter-terrorism law” is a convenient weapon for governments to arrest human rights defenders, journalists and protesters and Swamy was a symbol of activism, the voice of tribals and their struggles to address their broken hopes and aspirations related to displacements and land alienation beyond caste and religion.
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Arnab entitled to bail, but what about 3.5 lakh undertials, 83 yr old priest, 80 yr old poet?

12/11/2020

Counterview / by Counterview

Senior Mumbai-based human rights lawyer Mihir Desai, in a Facebook post, “tears in the hypocrisy of the judgement and the utter naiveté that informs the discussion about it in certain quarters”, comments Vistasp Hodiwala, adding, “It is the kind of stuff that only a lawyer of serious standing such as Mihir who deals with such cases day in and day out would be able to put up.” …
This is what Mihir Desai wrote.
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‘Will Fr Stan Swamy Now Get a Sipper Cup?’ Twitter on Arnab’s Bail

11/11/2020

The Quint / by The Quint

Meanwhile, another Twitter user talked about jailed 80-year-old activist Varavara Rao’s struggles in the jail.
The Supreme Court on Wednesday, 11 November, granted interim bail to Republic editor-in-chief Arnab Goswami in connection with the 2018 abetment of suicide case against him.
Among other things, the top court judges, raised serious concerns about deprivation of personal liberty in Goswami’s case.
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Nikhil Wagle: Personal liberty is of utmost importance. But should it be selective? Was it not important for Kashmiri, anti-CAA or Bhima-Koregaon activists? Was it not for Rhea Chakraborty?

Rishi Majumder: To be fair, #JusticeChandrachud did take a similar line in his dissenting judgment the Bhima Koregaon case. But while his words in the #ArnabGoswami #SupremeCourt case have carried weight those in the #bhimakoregaon case served only the purpose of record.

Prashant Bhushan: It was fine for the SC to hear Goswami’s petition with lightning speed & release him. The SC struck a blow for liberty. What has anguished many people is why the SC does not display the same alacrity & concern for liberty when it deals with lesser mortals languishing in custody

People in jail
807 days – Sudha Bharadwaj
286 days – Sharjeel Imam
223 days – Meeran Haider
255 days – Ishrat Jahan & Khalid Saifi
178 days – Asif Tanha
171 days – Devangana Kalita & Natasha Narwal
58 days – Umar Khalid
30 days – Kishore Chandra Wangkhem
2 years – Aasif Sultan

…


Arnab’s plea listed urgently in SC, Dushyant Dave alleges preferential treatment [read full letter]

11/11/2020

Sabrang / by Sabrangindia

As Arnab Goswami lodged in Taloja Jail awaits the expedited hearing of his petition against denial of interim bail, the President of Supreme Court Bar Association (SCBA) has, in strong words, protested against the ‘extraordinary urgent listing’ of the matter at the apex court. Mr. Dushyant Dave, the President of SCBA wrote a letter to the Secretary General of the Supreme Court pointing out the selective listing of matters that the registry is indulging in “for last eight months during Covid pandemic”.
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Was Arnab Goswami entitled to be released on bail? Of course

11/11/2020

Kractivist / by kamayani

Advocate Mihir Desai: Bail not jail is the rule.
Are the 350000 yes three lakh fifty thousand undertrials (many of them for years and many for petty offences) who are as on 11th November 2020 in jails across India likely to get bail?
More than 1,20000 of them have been jail as undertrials for more than a year. At some stage in their long prison life may be but within four days of arrest. Not in your wildest dreams.
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Varavara Rao denied bail till Nov 17, Bombay HC directs immediate medical examination

Varavara Rao denied bail till Nov 17, Bombay HC directs immediate medical examination


Pic: Mumbai Rises to Save Democracy

Bombay High Court orders medical exam to gauge Dr Varavara Rao’s health status, bail plea to be taken up next on Nov 17

12/11/2020

Bar & Bench / by Neha Joshi

The Court has directed a team from Nanavati hospital to conduct the medical exam, if possible today, adding that a physical exam may be conducted if the team feels an exam via video call is not possible.
The Bombay High Court today directed that a medical examination be conducted to gauge the health status of poet-activist Dr Varavara Rao, who is presently detained in Taloja jail following his arrest in connection with the Bhima Koregaon case in 2018.
The Court has added that the exam be conducted via video today itself, if possible, with the participation of doctors from the Nanavati Hospital who had earlier issued a report on Rao’s condition.
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Bombay High Court Directs Immediate Medical Examination Of Varavara Rao To Consider Prayer For Shifting To Hospital

12/11/2020

Live Law / by Nitish Kashyap

The Bombay High Court on Thursday directed immediate medical examination of 81-year-old Varavara Rao, lodged in Taloja jail in the Bhima Koregaon case, to ascertain whether he needs to be shifted to Nanavati Hospital.
The Court directed that a panel of doctors from Nanavati Hospital should examine him via video call immediately, either today itself or at the latest by tomorrow morning. If the doctors form the opinion after the video call that physical examination of the undertrial is needed, the same should be done immediately.
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Pleading ‘degrading and inhuman treatment’ of ailing Varavara Rao; petition seeking poet’s transfer to Nanavati hospital to be heard by Bombay HC today

12/11/2020

The Leaflet / by The Leaflet

The Bombay High Court will hear today at 3 pm the plea filed Pendyala Hemalatha, the wife of Dr Varavara Rao, alleging violation of the Right to Life, Dignity and Health of her husband on account of the ‘degrading’ and ‘inhumane’ treatment being meted out to Dr. Rao in Tajolia jail.
Senior Advocate Indira Jaising will represent the petitioner before the High Court.
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Bombay HC directs Varavara Rao’s medical examination via video link

12/11/2020

The Leaflet / by The Leaflet

The Bombay High Court Thursday ordered a medical examination of Dr. Varavara Rao through video by the doctors of Nanavati hospital to gauge the present medical health of Dr. Rao, whose condition, according to his wife, has been deteriorating…
Earlier this year, the poet-activist’s deteriorating health condition had caused national and international outrage after his family pleaded to save him from dying in jail. The poet is lodged in Taloja jail’s hospital which according to his wife, lacks medical facilities and is grossly ill-equipped to provide him with the care that he needs.
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Campaign: Jharkhand drive against Centre’s `rights violations´

Campaign: Jharkhand drive against Centre’s `rights violations´

The Telegraph / by Animesh Bisoee

Tribal groups in state launch campaign.
At a meeting held on Sunday evening at Bihar Club in Ranchi, over 50 representatives unanimously decided that the arrest of Jesuit priest and tribal rights activist Father Stan Swamy, 83, by the National Investigation Agency on fabricated charges, denial of bail and delay in grant of permission to use a straw and sipper cup for drinking to a person suffering from Parkinson’s disease has exposed the Centre’s desperation against those who raise voices for tribal, minorities and Dalits. They said people at village level need to be made aware about the government’s agenda.
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We stand with Stan / Tura Churches appeal for release of arrested Priest

We stand with Stan / Tura Churches appeal for release of arrested Priest

Pic: Arrupe International Residence, Jesuit Conference of Asia Pacific, East Asian Pastoral Institute

We stand with Stan

10/11/2020

Jesuit Conference of Asia Pacific / Arrupe International Residence, East Asian Pastoral Institute, JCAP, Jesuits in South Asia

Many of us have been inspired by Fr Stan Swamy SJ through his talks and writings as the former director of the Bangalore Indian Social Institute and an unflinching Adivasi human rights activist in Jharkhand, Chhattisgarh, and Odisha, India. His recorded remarks: “I am ready to pay the price whatever be it” inspires us to engage more avowedly in the struggle for a green and just world.
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Rally: CHALLENGES FOR HUMAN RIGHTS DEFENDERS

10/11/2020

By Indian Social Institute

On 12 Nov’20, ISI-B, Archdiocese of Bangalore, CRI, PUCL, DSS & CSOs jointly organizing a Public Rally and Protest on CHALLENGES FOR HUMAN RIGHTS DEFENDERS. Rally starts @ 3.00 pm from Gandhi Statue to Freedom Park, Bengaluru.
For updates click here

Click to enlarge poster

Tura Churches appeal for release of arrested Jesuit Priest

09/11/2020

The Shillong Times / by Shillong Times Correspondent

Submits memo to PM Modi.
The Tura Based Christian Churches (TBCC) a combined religious body comprising of various Christian denominations of the town on Monday dashed off a memorandum to Indian Prime Minister, Narendra Modi appealing for the immediate release of Jesuit Priest, Fr Stan Swamy who was earlier arrested by the National Investigation Agency (NIA).
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