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NIA’s draft chargesheet against Elgar Parishad accused smells foul

NIA’s draft chargesheet against Elgar Parishad accused smells foul

People’s Review / by People’s Review

The National Investigation Agency (NIA) has submitted a draft chargesheet before a special court in Mumbai against 15 arrested and six absconding accused in the Elgar Parishad case. Surprisingly, the NIA has dropped the charge of conspiracy to assassinate Prime Minister Narendra Modi by the accused and replaced it with a conspiracy to kill a “public functionary”. The NIA’s draft chargesheet against Elgar Parishad accused isn’t merely gibberish but stinks of naked vengeance.
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National Day of Protest Against Draconian Laws

National Day of Protest Against Draconian Laws

Release Sudha Bharadwaj and other comrades

Raipur, August 28

Posters shared @ twitterstorm (August 27)

By National Alliance of People’s Movements (NAPM)

#FreeAllPoliticalPrisoners
#ScrapUAPA
Part of the Campaign Against Draconian Laws
Jan Azadi 75

click to enlarge


National Day of Protest Against Draconian Laws on 28th August, 2021

Aug 2021

By National Alliance of People’s Movements (NAPM)

Friends,
As you already know, NAPM is part of the ongoing joint national campaign against UAPA, sedition and all other draconian laws, which are threatening our right to democratic dissent.

The key demands of this campaign are:
1) Justice for Stan Swamy.
2) Repeal of UAPA, sedition and all other draconian Central and State laws.
3) Restore the Right to Bail.
4) Release all Political Prisoners.
5) Accountability for filing false cases and compensation to victims.
6) Stop illegal detentions and weaponizing the criminal justice system.
Read more


Also read: OPEN NATIONAL CALL: DEFEND RIGHT TO DISSENT, REPEAL SEDITION LAW, UAPA AND REPRESSIVE STATE LAWS (Call issued by several organizations across the country, July 2021)

What NIA draft charges submitted in court say, against whom

What NIA draft charges submitted in court say, against whom

What NIA draft charges submitted in court say, against whom

25/08/2021

The Indian Express / by Sadaf Modak

The NIA has proposed to charge all the accused under 16 sections of the law. Charges under some additional sections have been proposed against some accused in accordance with the specific roles that they are alleged to have played.
The National Investigation Agency (NIA) has submitted draft charges before a special court in Mumbai against 15 arrested accused and six absconding accused in the Elgar Parishad case.
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NIA Submits Draft Charges in Bhima Koregaon-Elgar Parishad Case: Read Details

23/08/2021

Live Law / by Sharmeen Hakim

The NIA Draft Charges find mention of a common objective to establish ‘People’s Government’ through revolution & protracted arms struggle and an attempt to cause the death of a public functionary.
The National Investigation Agency submitted a list of seventeen draft (proposed) charges against the Bhima Koregaon-Elgar Parishad Case accused, including the charge of waging a war against the country, which is punishable with death.
The draft charges don’t mention a plot to assassinate Prime Minister Narendra Modi, as claimed in 2018 but mention “cause the death of a public functionary.”
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Seventeen proposed charges by NIA against accused

22/08/2021

Bar & Bench / by Neha Joshi

The January 2018 FIR registered after the alleged riots post the ’Elgar Parishad’ event forms the basis of the entire Bhima Koregaon case which led to arrest of 16 accused, and the 3 chargesheets.
Fifteen of the accused in the case are in judicial custody while five are absconding. One accused, Father Stan Swamy passed away while in custody.
The charges state that the accused (including Swamy) were active members of a banned terrorist organisation under the Unlawful Activities (Prevention) Act (UAPA) even prior to 2018.
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Also read: Bhima Koregaon Accused Approach Bombay High Court To Stay Trial Till Clone Copies of Electronic Evidence Is Provided (Live Law, Aug 20)

Opposition to Hold Joint Protests across India against Modi Govt from September 20 to 30

Opposition to Hold Joint Protests across India against Modi Govt from September 20 to 30

The Wire / by pti

The Opposition’s demands include an SC-monitored probe into the Pegasus issue and a high-level probe into the Rafale fighter jets deal, a repeal of three farm laws and early polls in J&K.
The leaders of 19 Opposition parties announced on Friday that they will organise joint protests and demonstrations across the country from September 20 to 30, even as they urged people to save India for a better tomorrow.
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Their full statement


10. Release all political prisoners, including those under draconian UAPA in Bhima Koregaon case and anti-CAA protests.

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Former Civil Servants Say UAPA’s ‘Flaws and Loopholes’ Allow Abuse, Call For Replacement

Former Civil Servants Say UAPA’s ‘Flaws and Loopholes’ Allow Abuse, Call For Replacement

Former Civil Servants Say UAPA’s ‘Flaws and Loopholes’ Allow Abuse, Call For Replacement

17/08/2021

The Wire / by The Wire Staff

The Constitutional Conduct Group said that the “harsh amendments” that the anti-terror law has gone through in recent years has made it “draconian, repressive, and amenable to gross misuse”.
Over 100 former civil servants have endorsed an open letter by the Constitutional Conduct Group (CCG) which calls for the draconian Unlawful Activities (Prevention) Act (UAPA) to be amended, saying as it stands today, the law has “many flaws and loopholes making it amenable to large scale abuse and misuse by some politicians and overzealous policemen”.
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Government must replace the UAPA, safeguarding personal liberties

16/08/2021

By Constitutional Conduct Group

Open Letter: Government of India must replace the UAPA with legislation that fights terrorism while safeguarding personal liberties

Dear Citizens of India,
We are a group of retired officers of the All India and Central Services who have worked with the Central and State Governments in the course of our careers. As members of the Constitutional Conduct Group, we believe in impartiality, neutrality and commitment to the Indian Constitution and in safeguarding its values.
We are writing this in the matter of the Unlawful Activities (Prevention) Act (UAPA) that violates the Constitutional guarantees of citizens’ fundamental rights…
The most shocking of the arrests under the UAPA have been of persons accused in the Bhima-Koregaon case. Several well regarded activists who have fought throughout their lives for the rights of tribal people and other oppressed groups have been arrested as terrorists and, even today, languish in jail.
Read full statement

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

11/08/2021

Sabrang India / by Sabrang India

Filing of draft charges against the accused indicates that the trial could begin anytime soon. However, the lawyers of some of the accused have asked the court to dispose the applications before it, prior to framing charges.
The National Investigation Agency (NIA) has filed draft charges before the Special NIA court in Mumbai, against the 15 accused in the Elgar Parishad/Bhima Koregaon case.
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NIA files draft charges against 15 accused in NIA Court

10/08/2021

Bar & Bench / by Neha Joshi

The lawyers appearing for the accused also prayed for deferring of hearing on framing of charges till the pending applications of the accused are disposed of, which the Court rejected.
The National Investigating agency (NIA) on Monday filed draft charges against 15 accused persons in the Bhima Koregaon case of 2018.
Framing of charges under Section 226 of the Code of Criminal Procedure is the stage where the prosecution describes the charges against the accused along with the evidence they have to prove the guilt of the accused.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

India Today / by Vidhya

The National Investigation Agency (NIA) has filed draft charges against 15 accused in the Elgar Parishad case.
Draft charges contain about 20 charges that have been slapped against the accused in the case. Section 226 of the Criminal Procedure Code (CrPC) obliges the prosecution to describe the charge brought against the accused and to state by what evidence the guilt of the accused would be proved.
In the coming days, the court will hear the accused or their lawyers, who will argue against each charge and then the judge will decide and frame the charges against each accused. The accused will be then asked if they plead guilty or not. If the accused do not plead guilty, then the trial against each accused will begin.
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NIA files draft charges against accused in Elgar Parishad case

09/08/2021

The Indian Express / by Express News Service

The NIA has also proposed to charge the accused for criminal conspiracy, waging or attempting to wage a war or abetting a war against the Government of India, sedition, and promoting enmity under sections of the Indian Penal Code.
The National Investigation Agency (NIA) on Monday submitted draft charges against the 15 accused arrested in the Elgar Parishad case. The charges include sections of the Unlawful Activities (Prevention) Act pertaining to terrorist acts, unlawful activities, conspiracy, membership of banned organisation and raising funds for it.
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161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

161 Names Revealed On Snoop List So Far / Indian activists jailed on terrorism charges were on list

161 Names Revealed By The Wire On Snoop List So Far

27/07/2021

The Wire / by The Wire Staff

Over the past few days, The Wire – in collaboration with 16 other media organisations – has been revealing the names of people who were either persons of interest or forensically identified as having been targeted by clients of the NSO Group’s Pegasus spyware.
Those on the list include heads of state, political figures, activists, students, lawyers and journalists, among others.
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Pegasus exposé raises unjust detention cry

20/07/2021

The Telegraph / by Pheroze L. Vincent

The leaked database showed that the mobile numbers of several accused were on a list of those selected for surveillance by an unidentified client of NSO.
The families of the Elgaar Parishad-Maoist links detainees and one of their lawyers have said the new revelations about targeted surveillance have vindicated their stand that the prolonged imprisonment of the 15 surviving accused is unjust.
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From Ambedkarites and Labour Activists to Umar Khalid and JNU Students, Snoop List Targets All

20/07/2021

The Wire / by Ajoy Ashirwad Mahaprashasta, Sukanya Shantha and Kabir Agarwal

Leaked list of potential surveillance targets indicates attempt to keep tabs on critics of government policy.
The telephone numbers of an anti-caste leader and several prominent activists are part of a leaked database accessed by the Pegasus Project which includes individuals confirmed to have been targeted with the Israel based NSO group’s spyware.
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Indian activists jailed on terrorism charges were on list with surveillance targets

20/07/2021

The Washington Post / by Joanna Slater and Niha Masih

The Bhima Koregaon activists were also victims of an unidentified hacker who planted evidence on their computers, recent reports found.
When the Indian authorities began arresting lawyers and human rights activists in 2018, Sudha Bharadwaj did what she had done for more than three decades wherever she saw injustice. She organized. She spoke out. She asked courts to uphold the law.
Later that year, the police arrested her, too.
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Cops used Pegasus in Koregaon Bhima case, says Digvijaya Singh

20/07/2021

Times of India / by Suchandana Gupta

Congress Rajya Sabha MP Digvijaya Singh on Monday told TOI TOI that Pegasus was used by police in the Koregaon Bhima case, and even his name had surfaced, but he couldn’t be implicated because he had stopped using the phone that was mentioned in the ‘Naxalite letter’.
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Phones of ministers, journalists, lawyers and activists tapped by Pegasus spyware. Indians should worry

19/07/2021

The Leaflet / by Ramesh Menon

In the days ahead, we will know more about the investigations as they will be released in parts. Clearly, there is going to be a stormy monsoon session in Parliament as opposition members will question the government’s role in the snooping scandal. These revelations, if true, bode dangerously for the health of our democracy, writes Ramesh Menon as he recaps what we know about the Pegasus hacking allegations so far.
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Protest to seek justice for Stan Swamy / Remembering the revolutionary who challenged everything

Protest to seek justice for Stan Swamy / Remembering the revolutionary who challenged everything

Ranchi, July 23

Pan India agitations protesting ‘institutional murder’ of Fr Stan

24/07/2021

The Telegraph / by Animesh Bisoee

The protests are part of a series of public observances called by rights groups, trade unions, Christian organisations, Left parties and their student and youth wings
Human rights activists, civil society groups, mass organisations and trade union members staged agitations in Jharkhand, Delhi and other parts of the country on Friday in protest against the “institutional murder” of Father Stan Swamy.
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Delhi, July 23


Kolkata, July 23


In Jharkhand, Stan Swamy’s Friends and Colleagues Vow to Keep His Fight Alive

22/07/2021

The Wire / by Santosh K. Kiro

A fortnight after tribal rights activist Father Stan Swamy’s death, his friends and those he worked were are still in mourning – and also determined to take forward his work.
On July 18, Swamy’s name was engraved on a stone in Bagaicha, the centre he had developed in Ranchi two decades ago to fight for the tribal cause. Every other day, different tribal communities from across Jharkhand are arranging meetings to pay tribute to the activist.
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OPEN NATIONAL CALL: DEFEND RIGHT TO DISSENT

July 2021

Issued by several organizations across the country

Join National Action to Defend Democracy:
Defend Right to Dissent,
Repeal Sedition Law,
UAPA and Repressive State Laws,
Restore Right to Bail

Dear Friends,
The Institutional murder of the 84-year-old Jesuit priest Father Stan Swamy in judicial custody on 5th July 2021 has brought home to all of us the urgency of the need to take up the defence of democracy against repressive laws.

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Remembering Stan Swamy, the revolutionary who challenged everything – including the Church

21/07/2021

Scroll.in / by Jyoti Bahen Urumpil, The India Forum

He was a fiery, ruthless messiah for the oppressed and exploited.
Stan Swamy’s mortal remains have been placed reverently with proper dedication. We all know that his spirit and commitment will live forever in the whole world. Swamy was gifted with a good intellect and a warm, tender heart that could almost burst out of anger for justice.
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Open National Call: Defend Right to Dissent, Repeal Sedition Law, UAPA and Repressive State Laws

Open National Call: Defend Right to Dissent, Repeal Sedition Law, UAPA and Repressive State Laws

Call issued by several organizations across the country

Join National Action to Defend Democracy:

Defend Right to Dissent,

Repeal Sedition Law,

UAPA and Repressive State Laws,

Restore Right to Bail

Dear Friends,

The Institutional murder of the 84-year-old Jesuit priest Father Stan Swamy in judicial custody on 5th July 2021 has brought home to all of us the urgency of the need to take up the defence of democracy against repressive laws. Father Stan, who spent a lifetime working with Adivasis in Jharkhand in defence of their rights, was arrested in the Bhima Koregaon case even though he had no connection with it and the police did not require him for any investigation. Father Stan died waiting for a chance to clear his name. In denying Fr Stan bail, the NIA judge, D. E. Kothalikar argued that “the collective interest of the community” outweighed Fr. Stan’s right to personal liberty. His death should shake the conscience of the nation and the judiciary as it “brings to an end a stark tale of injustice – one that has left the highest institutions of India’s justice system diminished.” But even after Father Stan’s death, the same court denied bail to Anand Teltumbde, another member of the BK-16, as the advocates, artists, journalists and intellectuals who have been imprisoned under the Bhima Koregaon case are called.

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After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

After Pegasus and Arsenal Reports, Can Bhima Koregaon Case Still Stand?

The Quint / by Anand Venkatanarayanan

An expert decodes Arsenal report—on planting evidence in activists’ devices—& its significance after Pegasus leaks.
In the light of Pegasus leaks, suggesting that Indian government used a spyware to snoop on politicians, constitutional appointees, journalists, and activists, the Bhima Koregaon case deserves fresh and sharp attention.
The Bhima Koregaon case (BKC) is a unique case in many aspects, but one aspect stands out – the planting of evidence through the use of malware as detailed by the Arsenal reports (Report one, two, three).
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire, July 18, 2021)