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Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive

Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive

Scroll.in / by Riddhi Dastidar, IndiaSpend.com

While the fight has faltered, Swamy’s friends and colleagues are taking forward the work he had lived and died for.
“Until his last breath, Stan had hope in the judiciary,” recalled Sheela*, a Delhi-based lawyer who asked to be anonymous for fear of being targeted. “He was waiting for the July 3 hearing where his interim bail plea was to be taken up. I think when that did not happen, he finally lost hope.”
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Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

By CMM-MKC and other workers unions

Press Statement
On the granting of bail to advocate Sudha Bharadwaj by the Bombay High Court

On the 1st of December 2021, after having spent three years in jail on fabricated charges in the Bhima Koregaon case, Human Rights activist and lawyer Sudha Bharadwaj was granted bail by the Bombay High Court. We the undersigned unions and workers collectives welcome the judgement. It is a great relief for the working people of Chhattisgarh who have consistently campaigned against the illegal arrest of Sudha Bharadwaj and continuously demanded her release. It is important to note that Sudha Bharadwaj was granted bail because the chargesheet against her was not produced before the appropriate court within the legally specified time limit. There were 8 others along with Sudha Bharadwaj arrested under the same case whose bail was rejected on the same day. We express our deep disappointment at the courts decision to reject their applications for bail. It is amply clear that the 16 Human Rights activists, lawyers, artists and writers were arrested under false and fabricated charges in the Bhima Koregaon case. We the undersigned unions have condemned these arrests from the very beginning.

The granting of bail to Sudha Bharadwaj is most certainly a jolt to the current pro-corporate, brahminical, fascist central government, as is evident from how promptly they moved the Supreme Court to challenge the bail order. The very day after the judgment of the Bombay High Court was pronounced, the National Investigating Agency (NIA) was ready with their appeal to the Supreme Court to act against the granting of bail to Sudha Bharadwaj. They seem determined to ensure she is not released under any circumstance. All recent events have in any case pointed clearly to the fact that the NIA is not an independent invesitgation agency but in fact one that works simply like an arm of the ruling Bharatiya Janta Party (BJP). The NIA has been indiscriminately wielding the draconian Unlawful Activities Prevention Act (UAPA) legislation against anyone who dares to exercise their democratic right to protest against the BJP. In such a scenario, we place all our hope and faith in the Supreme Court that it will uphold the democratic fabric of the country, uphold the notion of justice and grant Sudha Bharadwaj bail at the earliest.

It must be mentioned that Father Stan Swamy, one of the 16, aged 84, lost his life in custody while awaiting bail. Apart from the aforesaid Bhima Koregaon case, the draconian UAPA legislation was recently used once again to silence the democratic voices of the people of Chhattisgarh by arresting Human Rights Adivasi activist Hidme Markam on March 9 this year, at a program marking International Womens Day in Dantewada, Bastar. Hidme Markam has spent the last several years speaking out against the environmental destruction wrought by the government and large mining companies in Bastar. She has raised her voice against militarization and sexual violence against women in Bastar continuously perpetrated by the police and palamilitary.

The UAPA has been indiscriminately used to incarcerate dalits, adivasis and minorities in the country. Seveal arguments have been made and facts brought to light that clearly indicate why such a draconian legistaltion must be withdrawn. We the undersigned unions strongly and unequivocally support the demand to repeal the UAPA. We sincerely hope that Sudha Bharadwaj will be released from the four walls of prison and that she will be amongst us soon. We shall continue to campaign for the release for all those, who like her, have been arrested for fighting to uphold democratic values in this country, and further resolve to strengthen our campaign to demand the repeal of the UAPA.

Chhattisgarh Mukti Morcha (Mazdoor Karyakarta Samiti), Mahila Mukti Morcha, Nagari Nikay Janvadi Safai Kamgar Union, Pragatisheel Cement Shramik Sangh, Loktantrik Ispat evam Engineering Mazdoor Union, Jan Adharit Power Plant Workers Union, Jan Swasth Karamchari Union

PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

01/12/2021

By PUCL Chhattisgarh

Press Release
PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj by the Bombay High Court and at the same time is dissapointed that the other 8 co-accused have been denied bail.
It should be mentioned that the violence inflicted by Hindu groups on and after the Bhima Koregaon celebrations in January 2018 have cost lives and resulted in several incarcerations. Including the 8 whose bail was rejected by the Bombay High Court, however, a total of 16 people have been falsely implicated in the Bhima Koregaon Case and have been in jail for years on fabricated charges under the draconian UAPA. Many others have been targetted, arrested and had their homes raided.
Father Stan Swami, one of the 16, aged 84, lost his life in custody while awaiting bail.
In Chhattisgarh there are hundreds of Adivasis who have been imprisoned under the UAPA and have been awaiting bail for years. On March 9 this year, at a program to mark International Womens Day and speak out against sexual violence inflicted on women by the police and paramilitary in Bastar, Human Rights Defender Hidme Markam was arrested and later jailed under the same draconian act.
While we eagerly await the release of Advocate Sudha Bharadwaj, and for her to return amongst us, we also pledge to strengthen the struggle for release of all those imprisoned under false charges, against the UAPA and against the countrys casteist carceral system.


Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused

01/12/2021

The Leaflet / by Sabah Gurmaj and Paras Nath Singh

The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases.
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Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared

Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared


Pic: Mumbai, Sep 2021

Indian Jesuits want Father Stan’s reputation restored

26/11/2021

UCA News / by UCA News reporter

They believe the late activist priest was implicated in mob violence for standing up for the rights of indigenous people.
Indian Jesuits plan to appeal to a court to clear the stigma attached to their activist colleague Father Stan Swamy, who died under detention after being arrested under a draconian anti-terror law.
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Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared

25/11/2021

The Wire / by The Wire Staff

Swamy died while his appeal in the high court against the NIA special court’s order denying him bail was pending.
The Bombay high court on Wednesday asked the lawyers of late Jesuit priest and tribal rights activist Stan Swamy to file a fresh petition against observations made by a special National Investigation Agency court against him in the Elgar Parishad case.
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HC asks lawyers to file fresh plea against special NIA court’s observations against Stan Swamy

24/11/2021

The Indian Express / by Express News Service

After his death on July 5, Swamy’s lawyers had requested the court to keep pending his appeals against special court orders rejecting his bail pleas on medical grounds and merits.
The Bombay High Court on Wednesday asked late Father Stan Swamy’s lawyers to file fresh independent plea raising grievances pertaining to the observations made against the Jesuit priest by the Special NIA Court while rejecting his bail pleas.
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Bombay High Court Disposes Father Stan Swamy’s Petitions ; Allows Jesuits To Initiate Separate Proceedings

24/11/2021

Live Law / by Sharmeen Hakim

Four and a half months after Father Stan Swamy’s demise, the Bombay High Court has allowed the Jesuits to initiate separateproceedings to clear the odium attached to his name and reputation because of the Bhima Koregaon – Elgar Parishad case.
A division bench of Justices Nitin Jamdar and Sarang Kotwal disposed of as withdrawn Swamy’s bail appeal and anotherpetition challenging his prosecution under the Unlawful Activities (Prevention) Act.
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Fr Swamy silenced over India’s coal and Adivasi

Fr Swamy silenced over India’s coal and Adivasi

AsiaNews / by Giorgio Bernardelli

The Jesuit clergyman, who died in Mumbai after nine months in detention, wrote a scathing article against the Indian government’s policy of auctioning off 41 coal mines to private interests. India’s coal is front-page news in the wake of COP26 in Glasgow.
Fr Stan Swamy was a prophetic voice when he spoke about coal mines in India, an issue that is front-page news around the world.
That voice was first silenced with prison, then extinguished at the age of 83 when he died last July from the consequences of his detention.
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As Sudha Bharadwaj Spends 4th Birthday in Jail, a Reminder That UAPA Enables Her Incarceration

As Sudha Bharadwaj Spends 4th Birthday in Jail, a Reminder That UAPA Enables Her Incarceration


Chhattisgarh, Nov 1, 2021

The Wire / by Mahtab Alam

In addition to her legal battles, Sudha Bharadwaj also fought to seek justice for the marginalised in Chhattisgarh.
On Monday, November 1, Chhattisgarh celebrated 21 years of its statehood. On November 1, 2000, the state was carved out of Madhya Pradesh. It was a result of longstanding demand and sustained struggles of local organisations and the population. One of the organisations which played a key role in the formation of the new state is Chhattisgarh Mukti Morcha (CMM) or Chhattisgarh Liberation Front. The CMM was formed in the early 1980s under the charismatic leadership of trade union leader Shankar Guha Niyogi. He was murdered in September 1991. And one of those who decided to carry forward the unfinished work of Niyogi is his fellow comrade from early years of activism – Sudha Bharadwaj, a trade union activist, lawyer and teacher.
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We salute Sudha Bharadwaj and her fight for Justice (various statements)

We salute Sudha Bharadwaj and her fight for Justice (various statements)

PUCL salutes Sudha Bharadwaj and her fight for Justice!

01/11/2021

By People’s Union for Civil Liberties (PUCL)

Click to enlarge

Chhattisgarh, Nov 1, 2021


Video (3min): Song by CMM comrades


Watch video 1

Video (1:30min): Slogans by PCSS comrades


Watch video 2


#ReleaseSudhaBharadwak (Nov 1)

by Indira Jaising

by Chhattisgarh Bachao Andolan (CBA) Raipur
When the government doesn’t have an answer to the storm of questions raised against it, it resorts to arresting those speaking the truth fearlessly. Shame! #ReleaseSudhaBhardwaj #FreeAllPoliticalPrisoners #RepealUAPA

by Tribal Army
We demand human rights activist sudha Bhardwaj to be released.
Happy Birthday Madam

by NAPM India
#SudhaBharadwaj is one of the finest trade unionists & public spirited lawyers who has always taken on unjust & powerful forces. We wish Sudha real liberation on her 60th. #3years of her incarceration & that of all political prisoners is a shame, a huge loss & unforgivable crime.

by Meera Sanghamitra
Working silently, yet resiliently for over three decades amidst adivasis, workers & oppressed sections in #Chhattisgarh, #Sudha has inspired an entire generation to understand the combined value of legal activism & on-ground unionizing. Happy birthday, Comrade. You are a star.

by Meena Kanasamy
History will remember her as a fierce lioness who stood up to this regime.

Chitrangada
It’s her 60th birthday tday & she is spending it in prison, where she has been since 3+ yrs, without bail or trial.
The Bombay HC finished hearing her last bail plea on 4th Aug. Still no ruling.

by AISA Delhi Universtity

Sudha Bharadwaj goes through her 4th birthday in Jail for fighting for the rights of people! While Criminals like Anurag Thakura and Kapil Mishra are not only Roaming free but are being awarded Ministries by the Government! #ReleaseAllPoliticalPrisoners #releaseBK16 #RepealUAPA

by CIVICUS

Today human rights lawyer & activist Sudha Bharadwaj will celebrate her 60th birthday in prison She was arrested on fabricated charges 3 years ago and has been denied bail. Call on the govt to #FreeSudhaBharadwaj immediately: https://web.civicus.org/India1121 | #StandAsMyWitness

#ReleaseSudhaBharadwaj


Release All Political Prisoners & Revoke UAPA

29/10/2021

By TribalSpaces

Click to enlarge
No bail, no trial: Sudha Bharadwaj turns 60 in jail / Another birthday in detention

No bail, no trial: Sudha Bharadwaj turns 60 in jail / Another birthday in detention

No bail, no trial: Sudha Bharadwaj turns 60 in jail!

01/11/2021

Sabrangindia / by Sabrangindia

The human rights defender has been accused of waging a war against the government and booked under terror charges in the Bhima Koregaon case
Trade Unionist, lawyer, professor, writer, Sudha Bharadwaj was arrested on August 28, 2018 and has been lodged in Byculla jail since then. She has been accused of criminal conspiracy, sedition under the Indian Penal Code and Unlawful Activities (Prevention) Act charges of funding a terrorist activity, conspiracy, being a member of terrorist gang or organisation, and supporting a terrorist organisation.
Born on November 1, 1961, Bharadwaj has turned 60 today. This is the fourth birthday she has had to spend behind bars.
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Human rights defender Sudha Bharadwaj spends another birthday in detention

01/11/2021

By CIVICUS

Human rights defender and lawyer Sudha Bharadwaj will be spending her 60th birthday in detention today, more than three years after she was arrested on baseless charges under a draconian anti-terror law. Global civil society alliance CIVICUS calls on the Indian government to halt the ongoing persecution against her and release Bharadwaj immediately and unconditionally.
Read full statement


‘If You Try to Be Safe and in the Middle, You Will Never Succeed’

01/11/2021

The Wire / by Monobina Gupta

Note: This article was originally published on July 18, 2018, and was republished on November 1, 2021, Sudha Bharadwaj’s 60th birthday.

Sudha Bharadwaj has spent nearly three decades working with the most marginalised sections of people in the conflict-ridden state of Chhattisgarh. Away from the media glare, her ear firmly to the ground, the trade union activist and lawyer has been up against powerful corporates and state administrations headed both by the present BJP dispensation and before that, the Congress party.
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In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence

In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence

Indiaspend / by Riddhi Dastidar

Among undertrials charged with being Maoists under stringent, non-bailable offences in Jharkhand, high numbers are Adivasis, Scheduled Castes and OBCs, a study led by late Fr. Stan Swamy had found in 2015. An alleged encounter during an Adivasi festival six years later shows not much has changed.
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The Prison Song of Surendra Gadling

The Prison Song of Surendra Gadling

The Wire / by Sukanya Shantha

While out on temporary bail in August, the rights activist sang a song written by Kabir Kala Manch’s Ramesh Gaichor for his friends and colleagues about the sordid conditions in prison.
Mumbai: Surendra Gadling, a human rights lawyer from Nagpur, has always considered courtrooms his stage. Between serious arguments, he would casually break into songs of cultural and political resistance. He would be commonly found invoking political theories and remembering shahirs from the Dalit community amid serious legal arguments. His court appearances usually attracted an eager audience from among his peers and junior lawyers.
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Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video


Also read: India’s Jail Stats: 7 In 10 Undertrials, 1 In 3 Dalit/Adivasi (IndiaSpend / Oct 2021)