Debashish Roy Chowdhury and John Keane’s ‘To Kill a Democracy’ deals with the question how democracies get killed and dismisses the commonplace perspective of the “breakdowns”.
“Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic…” ∼ B.R. Ambedkar
The title of Debashish Roy Chowdhury and John Keane’s book, To Kill a Democracy: India’s Passage to Despotism, implies that India was a democracy which has been killed and transformed into despotism under Narendra Modi. Not quite; it rather argues that the current state of degeneration, though representing a kink in the slow-paced rhetorical liberalism of plutarchy, is not entirely brought about by the Hindutva dispensation. Read more
Bhima Koregaon Case: An Analysis Of The Legal Framework, Evidence, And Implication for Civil Liberties
Journal of Legal Research and Juridical Sciences / by Olivia Hati, Yuvraj Singh
ABSTRACT
The Bhima Koregaon case refers to the arrests of several human rights activists and lawyers in India in 2018 for their alleged involvement in inciting violence during the Bhima Koregaon incident 2018. The Bhima Koregaon incident was a violent clash between Dalits (a historically marginalized community in India) and upper-caste groups in Maharashtra. The activists were accused of having links with Maoist organizations and were charged under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA), which allows for prolonged detention without bail and has been criticized for its potential for misuse. The case has been controversial, with many civil society groups and human rights organizations alleging that the arrests were politically motivated and an attempt to silence dissenting voices. The case has also drawn international attention, with several UN experts expressing concern about the treatment of the activists and the potential for human rights violations in the case. Read more
Video: “Plan to curtail civil society,” says Hany Babu’s wife Jenny Rowena
Jenny Rowena, the wife of jailed Delhi University professor Hany Babu, laments the situation of prisons in India and accuses that, as a society, we failed to have a social ethos that never undermines prisoners’ rights.
While talking to Maktoob‘s Shaheen Abdulla, she emphasized that medical negligence in prisons has led to serious conditions for Babu, who is booked under UAPA in the Elgar Parishad Bhima Koregaon case. Watch video
Koregaon Bhima commission to call Prakash Ambedkar to appear / The Strange Answers Of Shivaji Pawar
For four days, the officer avoided giving any straight answers, becoming the first witness in the 48 witnesses that have appeared so far, to have achieved this feat.
For four days last week, Deputy Commissioner of Police Shivaji Pawar, the investigating officer in charge of the Elgar Parishad case till it was taken over by the National Investigation Agency, was cross-examined before the Bhima Koregaon Commission. Read more
Koregaon Bhima inquiry commission to call Prakash Ambedkar to appear before it on March 27
04/03/2023
The Indian Express / by Chandan Haygunde
The two-member commission was formed by the Maharashtra government to investigate the cause of violence in the Koregaon Bhima area on January 1, 2018. One person died and several others were injured in the violence.
The Koregaon Bhima Commission of Inquiry has passed an order to issue a ‘letter of request’ to prominent Maharashtra Dalit leader Prakash Ambedkar, asking him to appear before it during a hearing in Pune on March 27.
The order was passed on Thursday following an application filed by advocate Aashish Satpute, the lawyer representing the commission. Read more
CCG OPEN LETTER TO THE HON’BLE PRIME MINISTER OF INDIA – HARASSMENT OF THE CHRISTIAN COMMUNITY Honourable Prime Minister Shri Narendra Modiji,
… We write to you today because we are deeply perturbed by the continued harassment, through speech and criminal action, of minority groups in the country by persons associated with your government, your party, organisations connected to it, and by mischief makers from amongst the public.
… Jesuit priest, Father Stan Swamy, for no fault of his except that he was closely working with the Adivasis, Dalits and other underprivileged people of Jharkhand, was virtually driven to his death by no less than the State. Read full statement
Supreme Court reserves its judgment on bail pleas by Vernon Gonsalves and Arun Ferreira
04/03/2023
The Leaflet / by Sarah Thanawala
Senior advocate Rebecca M. John, representing Gonsalves, highlighted the commonality between Dr. Teltumbde’s grant of bail by the Bombay high court last year and the evidence in the present case to draw the claim of parity with the high court’s bail order.
On Friday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, reserved its judgment on the bail applications of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas. Read more
Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira
03/03/2023
Live Law / by Awstika Das
The Supreme Court on Friday reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967…
Gonsalves and Ferreira have approached the Supreme Court against a December 2021 order by which the Bombay High Court denied them default bail, even as the same benefit was granted to another co-accused, Sudha Bharadwaj. Even though this order was questioned in a subsequent review petition preferred by the two petitioners, the high court, in May of last year, refused to grant them relief. Read more
Supreme Court reserves verdict on bail pleas of Vernon Gonsalves, Arun Ferreira
03/03/2023
Bar & Bench / by Abhimanyu Hazarika
The NIA opposed the bail plea stating that long period in custody cannot be a ground to show leniency to terror-accused.
The Supreme Court on Friday reserved its verdict on the bail applications filed by two accused in the Bhima Koregaon case, Vernon Gonsalves and Arun Ferreira [Vernon vs State of Maharashtra and anr].
A bench of Justices Aniruddha Bose and Sudhanshu Dhulia concluded hearing arguments today, and reserved its order. Read more
Bombay HC quashes order rejecting bail plea of Navlakha by special court, orders expeditious rehearing
03/03/2023
Sabrang / by Sabrangindia
… Today, in 2023, the Bombay High Court has ordered the case to be heard expeditiously. However, it has been years since the Bhima Koregaon accused have had their freedom stripped from them. There is every probability that the said special court will reject Navlakha’s bail plea again, and then an appeal will again be filed in the upper constitutional courts. Why then, keeping in view the pattern of misuse of the criminal justice system with the aim of harassing human rights defenders, could the High Court not take up the case themselves at this stage itself? Read more
Bombay High Court directs special NIA court to rehear Gautam Navlakha’s bail plea for want of analysis
03/03/2023
The Leaflet / by Sarah Thanawala
The bench directed the special court to conclude the hearing within four weeks.
On Thursday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, refused to grant regular bail to Gautam Navlakha and directed the special court under National Investigation Agency (NIA) Act to rehear the bail plea for its reconsideration. The bench quashed the special court’s order dated September 5, 2022 that rejected the grant of regular bail to Navlakha. Read more
Bombay High Court quashes NIA court order rejecting bail to Gautam Navlakha; directs rehearing
02/03/2023
Bar & Bench / by Neha Joshi
The High Court opined that the reasoning in the lower court order was very cryptic and did not have analysis of the evidence relied upon by prosecution.
The Bombay High Court on Thursday quashed an order by the special court under the National Investigation Agency (NIA) Act rejecting bail to Bhima Koregaon accused Gautam Navlakha and directed the special judge to rehear the bail plea [Gautam Navlakha v. National Investigation Agency & Ors.]. Read more
Pen mightier than sword but won’t strike terror: Counsel for Gautam Navlaka seeking bail in Bombay High Court
02/03/2023
The Leaflet / by Sarah Thanawala
Advocate Yug M. Chaudhary, appearing for Navlakha, challenged Navlakha’s connection with the alleged terrorist acts.
ON Wednesday, a division bench of the Bombay High Court, comprising Justices A.S. Gadkari and P.D. Naik, continued hearing the regular bail application of Gautam Navlakha. Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad Maoist links/criminal conspiracy case, is charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA). Read more
Bombay High Court Sets Aside Special Court’s “Cryptic” Order Refusing Bail To Gautam Navlakha, Directs To Decide Afresh
02/03/2023
Live Law / by Amisha Shrivastava
Observing that the trial court gave cryptic reasoning while refusing Bhima Koregaon accused Gautam Navlakha’s bail plea, the Bombay High Court on Thursday directed the Special NIA Court to hear and decide the case afresh.
The division bench of Justice AS Gadkari and Justice PD Naik set aside the Special NIA Court’s order rejecting Navlakha’s bail plea. Read more Read/Download Impugned Order
Bhima Koregaon 2018. Graphic by Arun Ferreira & Vernon Gonsalves
Supreme Court continues hearing the bail pleas of Vernon Gonsalves and Arun Ferreira
02/03/2023
The Leaflet / by Sarah Thanawala
Additional Solicitor General K.M. Nataraj, representing the National Investigation Agency, alleges involvement of Gonsalves and Ferreira in alleged terrorist acts through letters and documents.
On Wednesday, a division bench of the Supreme Court, comprising Justices Aniruddha Bose and Sudhanshu Dhulia, continued hearing arguments on behalf of trade unionist, activist and academic Vernon Gonsalves, and activist and lawyer Arun Ferreira for the grant of regular bail. Gonsalves and Ferreira have filed bail applications at the Supreme Court challenging the order of the Bombay High Court dated October 15, 2019, rejecting their bail pleas. Read more
‘Show Us Where They Asked People To Pick Up Guns’, Supreme Court Tells NIA In Bail Pleas Of Accused
02/03/2023
Live Law / by Astika Das
Show us where the Bhima Koregaon-accused Vernon Gonsalves and Arun Ferreira encouraged others they allegedly ‘recruited’ to pick up arms against the the government, the Supreme Court told the National Investigation Agency on Wednesday. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing the bail applications of Gonsalves and a co-accused, Arun Ferreira, both of whom have been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967.
… After hearing the submissions of senior advocates Rebecca John (for Gonsalves), R. Basant (for Ferreira), and the additional solicitor-general, the bench decided to adjourn the hearing till Friday, March 3. Read more
Delay In Starting Trial Not Due To Us, NIA Tells Supreme Court
01/03/2023
Live Law / by Awstika Das
The National Investigation Agency told the Supreme Court on Wednesday that the delay in the trial of the Bhima Koregaon accused could not be attributed to them. Additional Solicitor General for India K.M. Nataraj told the court.
… Notably, the trial in this high-profile case has not yet begun. Senior advocates Rebecca John (for Gonsalves) and R. Basant (for Ferreira) have both pointed out that even charges have not been framed yet, despite the passage of almost five years… In this connection, also relevant are Basant’s remarks on the delay in the process. He pointed out, “They intend to examine a total of 336 witnesses and go through 2,105 documents. Several accused persons have not yet been apprehended.” Read more
Bombay High Court seeks NIA response to plea by 4 accused for default bail
01/03/2023
Bar & Bench / by Neha Joshi
The four accused have challenged an order of a special NIA court rejecting their default bail pleas. They sought parity with Sudha Bharadwaj, a co-accused who was granted default bail by the High Court in 2021.
The Bombay High Court on Wednesday issued notice to the National Investigation Agency (NIA) on a plea for default bail filed by four persons accused in the Bhima Koregaon case [Mahesh Raut & 4 others v. National Investigation Agency]. Read more
4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj
02/03/2023
India Today / by Vidya
Four accused in the Elgar Parishad case sought bail in the Bombay High Court on parity with Sudha Bharadwaj, who was granted default bail in 2021 in the same case.
The Bombay High Court has issued notice to the National Investigation Agency (NIA) and sought a reply to the bail petition of four Elgar Parishad accused – Mahesh Raut, Sudhir Dhawale, Shoma Sen and Rona Wilson. Read more
Organisation named after Stan Swamy calls to free rights defenders
01/03/2023
The Telegraph / by Animesh Bioee
Shahid Father Stan Swamy Nyaya Morcha launches signature campaign in Ranchi, also demands the repeal of the anti-terror law UAPA.
An organisation named after Father Stan Swamy and formed to carry forward the late Jesuit priest’s legacy has launched a signature campaign in Ranchi demanding the release of human rights defenders jailed in several parts of the country and the repeal of the anti-terror law UAPA. Read more
‘Justice for Father Stan’ campaign evokes good response in India
01/03/2023
UCA News / by UCA News reporter
A US-based digital forensic firm has revealed that digital evidence was planted on the priest’s computer to implicate him.
More than 3,000 people have taken part in a signature campaign, demanding justice for late Jesuit Father Stan Swamy and others accused in a sedition case filed by India’s pro-Hindu federal government.
The campaign, launched on Feb. 25 under the auspices of Shahid (Martyr) Father Stan Swamy Nyaya Morcha in Ranchi, the capital of eastern state of Jharkhand, where the late priest worked among tribal people, is getting support from people from all walks of life, according to its organizers. Read more
