Posts – Page 8 – free them all

When Najeeb meets Watali – On the statutory restrictions on grant of bail under UAPA

07/08/2025 Asha

Constitutional Law and Philosophy / by Hany Babu and Surendra Gadling

This is a guest post by Hany Babu and Surendra Gadling, who have been detained in prison as “undertrials” since 2020 and 2018, respectively. This piece is being published here simultaneously with The Proof of Guilt blog.

The judgement in the case of (2019) 5 SCC 1 [“Watali] was delivered by the Supreme Court on 02.04.2019. Ever since then, procuring bail for a person accused of an offence under Chapters IV or VI of the Unlawful Activities (Prevention) Act, 1967 (UAPA) has been, to borrow an illustrative simile used by Abhinav Sekhri, like asking a person to swim after throwing him in deep water with both his hands tied behind him.
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Also read:
▪ The Grammar of the Power to Arrest and Search under UAPA (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Jul 2025)
▪ How Long is Too Long? – On the Maximum Period that an Undertrial Prisoner can be Detained (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Oct 2024)
▪ Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant (The Wire / Jul 2023)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

Ramesh Gaichor Moves Bombay High Court, Seeks Interim Bail To Visit Ailing Father

06/08/2025 Asha

Credits: Drawing by Arun Ferreira / The Polis Project

Live Law / by Narsi Benwal

The Bombay High Court on Wednesday (August 6) ordered the National Investigation Agency (NIA) to take instructions and file a reply in response to the petition filed by Ramesh Gaichor, one of the accused in the Bhima Koregaon – Elgar Parishad case, who has sought temporary bail to visit his ailing father.
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Also read:
▪ Bail plea of Elgar Parishad case accused to take care of ailing father rejected (India Today / Jul 2025)
▪ Ramesh Gaichor on the Elgar prisoners’ defiance of the neo-Peshwai prison system (The Polis Project | by Ramesh Gaichor | Sep 2024)
▪ Ramesh Gaichor’s parents just want to meet him again before they die (The Polis Project / Jul 2024)

NIA court rejects Gautam Navlakha’s plea to stay in Delhi, slams repeated applications

06/08/2025 Asha

Bail ! Gautam with his partner Sabha Husain. May 2024.

Mumbai court denies Elgar Parishad case accused’s plea to visit Delhi

07/08/2025

India Today / by Vidya

Advocate Wahab Khan, argued that Gautam Navlakha had complied with all previous court conditions when earlier permitted to travel and that his request was genuine, time-bound.
A Special NIA Court in Mumbai has dismissed activist Gautam Navlakha’s application seeking permission to travel to Delhi for 45 days, sharply criticising the repeated nature of such requests and calling it a “deliberate attempt to circumvent judicial restrictions”.
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NIA court rejects Gautam Navlakha’s plea to stay in Delhi, slams repeated applications

06/08/2025

Times of India / by Rebecca Samervel

In a scathing order rejecting the plea of 73-year-old activist, lawyer and 2018 Elgar Parishad accused Gautam Navlakha to travel and stay in Delhi for 45 days for personal and professional reasons, a special National Investigation Agency (NIA) judge criticised him for what it termed as “ingeniously” moving “application after application” to reside in the national capital, despite a previous plea for permanent residency being denied.
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Can’t give nod ‘every now and then’: Court rejects Navlakha’s plea to travel to Delhi

05/08/2025

The Indian Express / by Express News Service

In the latest plea, he submitted that he wants to travel as his sister cannot come to Mumbai due to her health condition.
A special court rejected a plea filed by activist Gautam Navlakha, arrested in the Elgaar Parishad case, to stay in Delhi for 45 days to visit his 86-year-old sister and for other purposes.
In his plea, Navlakha sought permission to stay in Delhi from July 15 to August 30, citing that he had been similarly permitted in November 2024 and had abided with all conditions.
Read more

Also read:
▪ Bhima Koregaon case: Court rejects activist Gautam Navlakha’s plea to live in Delhi (Scroll.in / Jun 2025)
▪ BK-16 Prison Diaries: The ‘ordinary’ in extraordinary times: A captive’s life in Covid-19 (The Polis Project | by Gautam Navlakha | May 2025)
▪ Navlakha files application in court seeking permission to stay in Delhi (The Indian Express / Apr 2025)
▪ Gautam Navlakha granted bail by Supreme Court; orders him to pay 20 lakhs for the expenses incurred during his house arrest (cjp / May 2024)
▪ Elgar Parishad-Bhima Koregaon accused struggle to find house in city (Hindustan Times / Nov 2022)

Bhima Koregaon commission gets 18th extension

03/08/2025 Asha

Graphic by Arun Ferreira & Vernon Gonsalves

Hindustan Times / by Nadeem Inamdar

The latest extension was granted via an order dated July 30 by Chetan Nikam, deputy secretary in the home department, who allowed the panel time until October 31, 2025 to complete its work.
Read more

Also read:
▪ Alternative reading of Bhima Koregaon: A Maharashtra outfit is trying to advance Dalit cause from Hindutva orbit (The Indian Express / Apr 2025)
▪ Why caste Hindutva, not an Elgar conspiracy, is at the root of the Bhima Koregaon violence (The Polis Project / Feb 2025)
▪ Book Excerpt | How Bhima Koregaon Became a Trope for Dalit Pride and Assertion (The Wire │ by Ajaz Ashraf │ June 2024)
▪ On the trail of Sambhaji Bhide: Ahead of Bhima Koregaon riots’ 3rd anniversary, tracing the Hindutva leader’s rise (Firstpost / Dec 2020)
▪ Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati │ by Sudhir Dhawale │ March 2018)
▪ Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 2018)
▪ The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend (The Wire | Anand Teltumbde | Jan 2018)

The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime

01/08/2025 Asha

The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime

01/08/2025

The Wire / by Harish Dhawan and Paramjeet Singh

The Bill strikes at the heart of the fundamental right to association.
The Maharashtra assembly has passed the Maharashtra Special Public Security Bill (MSPSB), making it the latest addition to a growing arsenal of banning legislations that cloak sweeping state power to curb the fundamental right to freedom of association with the language of security.
From its title to its objective and provisions, the Bill is shrouded in layers of ambiguity.
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Insecurity By Law: A Critique of the Maharashtra Special Public Security Bill in the Context of India’s Banning Regime

July 2025

PUDR / by People’s Union for Democratic Rights (PUDR)

The Maharashtra Bill, which has been designed specifically to target the ‘spread of Naxalism in urban areas,’ as evident in its ‘Object and Reasons’, is an offshoot of a popular narrative, a social media hashtag- the ‘Urban Naxal’, popularised by filmmaker Vivek Agnihotri.
…
Particularly in the wake of Elgar Parishad in 2017, the term became a common political lexicon used to describe anti-establishment protesters and dissenting voices. The term ‘Urban Naxal’ formed the backstory for the FIR filed against the people implicated for the Bhima Koregaon case, it even became a synonym for the case itself.
Read full report

Also read:
▪ Maharashtra’s Urban Naxal Bill and its New War on Civil Society – Criminalizing Dissent (Countercurrents / Jul 2025)
▪ As Maharashtra Govt Brings Bill Against ‘Urban Naxalism’, Activists Fear Criminalisation of Dissent (The Wire / Jul 2025)
▪ Maharashtra Assembly passes bill to curb ‘left-wing extremism‘ (Scroll.in / Jul 2025)
▪ Maharashtra: Top Cop Accuses Decades-Old Cultural, Rights Orgs of Working as ‘Naxal Fronts’ (The Wire / Feb 2022)

Why Hany Babu Writes From Prison

29/07/2025 Asha

The Wire / by Sukanya Shantha

July 28, 2025 marks the fifth year of Babu’s arrest. In the past five years, he has written several times to his wife, daughter and other family members.
The best way to harm an academic is to simply lock them out of their computer and deny them access to their years of research. This is exactly what had happened to Hany Babu M.T, a professor at the Delhi University, when the Pune police had first raided his house on September 10, 2019. Ten months later, on July 28, 2020, Babu was arrested, as one of the 16 persons implicated in the Elgar Parishad case.
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Also watch/read:
▪ Video: Who is Hany Babu, the Delhi University professor and anti-caste activist jailed under UAPA in the Bhima Koregaon case? (Maktoob – @Maktoobmedia / Sep 12, 2025)

en | 10:57min | 2025
Watch on YouTube

▪ Delhi University Professor Hany Babu Marks Five Years in Jail Without Trial in Bhima Koregaon Case (FOEJ / Jul 2025)
▪ SC Allows Hany Babu to Approach Trial or High Court For Bail (The Wire / Jul 2025)
▪ Many Prisoners at Taloja Jail Not Produced Before Court For Years, Reveals Survey by Surendra Gadling and Sagar Gorkhe (The Wire / Feb 2025)
▪ How Long Is Too Long for an Undertrial Prisoner To Be Detained? (The Wire | by Hany Babu and Surendra Gadling | Oct 2024)
▪ In Taloja Central Jail, interviews with over 300 undertrial prisoners show denial of rights (The Leaflet | by Hany Babu & Surendra Gadling | Mar 2025)
▪ 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

Delhi University Professor Hany Babu Marks Five Years in Jail Without Trial in Bhima Koregaon Case

28/07/2025 Asha

Hany Babu completes five years in prison without bail, trial

28/07/2025

Maktoobmedia / by Maktoob Staff

Delhi University professor and noted academic Dr. Hany Babu, who is one of the UAPA prisoners in the Bhima Koregaon-Elgar Parishad case, completed five years of incarceration on Monday, 28 July, 2025.
On 28 July, 2020, the National Investigation Agency arrested Babu, an anti-caste activist and a staunch proponent of social justice.
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Delhi University Professor Hany Babu Marks Five Years in Jail Without Trial in Bhima Koregaon Case

28/07/2025

FOEJ / by FOEJ Desk

Delhi University professor and noted academic Dr. Hany Babu completed five years in prison on Monday, 28 July 2025, in connection with the Bhima Koregaon-Elgar Parishad case.
Babu, a prominent anti-caste activist and advocate for social justice, was arrested on 28 July 2020 by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA).
Babu is among several Dalit and Adivasi rights activists accused by authorities of inciting violence through speeches made on 31 December 2017 at the Elgar Parishad event in Pune.
Read more

Also read:
▪ SC Allows Hany Babu to Approach Trial or High Court For Bail (The Wire / Jul 2025)
▪ ‘Tell the judge he has done no crime’: The struggles of Hany Babu’s family (Scroll.in / Jul 2025)

Criminalizing Dissent: Maharashtra’s Urban Naxal Bill and its New War on Civil Society

23/07/2025 Asha

Maharashtra’s Urban Naxal Bill and its New War on Civil Society -Criminalizing Dissent

23/07/2025

Countercurrents / by Dr Ranjan Solomon

“The price of liberty is eternal vigilance, not silent submission.”
(Inspired by Thomas Jefferson)

The Maharashtra government’s Special Public Security Bill, 2024, introduced to counter so-called “urban Naxal” activities is a perilous milestone in India’s accelerating slide into authoritarianism.
… Activists like Sudha Bharadwaj, Gautam Navlakha, and the late Fr. Stan Swamy were imprisoned for years without trial under charges of sedition and conspiracy. The Bhima Koregaon case was a dress rehearsal for exactly the kind of repression this bill now makes routine at the state level.
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‘Urban Naxal’ To Maharashtra’s New Bill Rekindles Fears Of Criminalised Dissent

17/07/2025

Outlook / by Pritha Vashisth

The Bhima Koregaon case returns to focus as the Supreme Court allows bail plea revival—while Maharashtra’s sweeping Jan Suraksha Bill raises alarms over civil liberties, ambiguous terms, and the creeping criminalisation of protest.
A tiny pore of blood rinsed down the alley until one among the several injured was dead. Around seven years ago, on January 1, 2018, silence hovered over the annual celebration as a Hindu mob allegedly attacked a gathering assembled to commemorate the 200th anniversary of the Battle of Bhima Koregaon. Decorated with plays, speeches, and songs, the state soon strangled this small village in Pune.
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Maharashtra just passed a law that could jail you for peacefully protesting

16/07/2025

Frontline / by Amey Tirodkar

BJP-led government says it’s fighting “Urban Maoists”, but critics say the MSPS Bill is the biggest threat to free speech since the Emergency.
Days after the ruling BJP at the Centre and in Maharashtra observed the 50th anniversary of the Emergency and the curtailment of freedoms it entailed, the Maha Yuti government, led by Chief Minister Devendra Fadnavis, passed the Maharashtra Special Public Security (MSPS) Bill, 2024, by voice vote in the Legislative Assembly on July 10.
Read more

Also read:
▪ As Maharashtra Govt Brings Bill Against ‘Urban Naxalism’, Activists Fear Criminalisation of Dissent (The Wire / Jul 2025)
▪ A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism (The Wire / Jul 2024)

When the Law Becomes a Weapon: India’s Broken Promise of Justice

21/07/2025 Asha

Countercurrents.org / by Dr Ranjan Solomon

“Innocence, once lost to the gallows or a prison cell, can never be returned. Who pays for that injustice?”
Today, the Bombay High Court overturned what had once been touted as a major victory in India’s fight against terror: the conviction of 12 men in the 2006 Mumbai train bombings, in which 189 people died. Five had been sentenced to death. The other seven, to life in prison. They had already spent over 18 years behind bars.
The High Court has ruled that the prosecution “utterly failed” to prove its case.
…
We must ask: What kind of justice system jails people without trial for 5, 10, 15 years—and then quietly lets them go when the truth catches up?
Do we even pause to think of the lives destroyed?
– Father Stan Swamy, 84 years old, arrested under UAPA, denied a straw for his Parkinson’s, died in custody without trial.
– Professor G.N. Saibaba, wheelchair-bound, imprisoned for years, only recently acquitted.
– The Bhima Koregaon 16—intellectuals and lawyers framed with tampered evidence, still awaiting justice.
Read more

Also read:
▪ Supreme Court stays HC verdict acquitting 12 in 2006 Mumbai train blasts case (Scroll.in / Jul 24, 2025)
▪ 7/11 Judgment Fails to Hold Police Accountable For Custodial Torture, Lost Time of Those Acquitted (The Wire / Jul 2025)
▪ Police torture, ill-treatment make India ‘high risk’: Report (Newslaundry / June 2025)
▪ Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)
▪ G.N. Saibaba’s Lifelong Campaign Was Against the Violence of Silencing (The Wire | by Rona Wilson | Oct 2024)
▪ ‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

UN experts, Freedom House, USCIRF call to designate India as “Country of Particular Concern”

19/07/2025 Asha

Maktoobmedia.com / by Maktoob Staff

Senior officials from the United Nations and the United States, along with leading human rights experts, urged the US government to designate India as a Country of Particular Concern (CPC) due to its serious and ongoing human rights and religious freedom violations.
…
Ed O’Donovan also spoke about arrests of activists, academics and lawyers in the Bhima Koregaon case, shuttering of thousands of NGOs by revoking their Foreign Contribution (Regulation) Act (FCRA) licenses “to stifle dissent and restrict civil society space.”
Read more

Also read:
▪ Civil society group submits memorandum to Vatican on ‘targeted violence’ against Christians in India (Scroll.in / Jul 2025)
▪ Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)

▪ The State of Religious Freedom in India (United States Commission on International Religious Freedom / May 2025)
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Dec 2024)
▪ Pegasus Reports Highlight Need for Better Regulation of Spyware: UN Rights Chief (The Wire / Aug 2021)