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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)

Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line

Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line

Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line

18/07/2021

The Wire / Sukanya Shantha

The families of activists figure on a leaked list of numbers that included some selected for surveillance by a client of Israel’s NSO Group.
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Government Cites Old RTI Response To Deny Pegasus Link, Says Media Didn’t Do Due Diligence

18/07/2021

The Wire / by The Wire Staff

The ministry of electronics and information technology pointed to a response to an RTI from October 2019 in which the home ministry did not deny or confirm purchasing the Pegasus spyware.
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Forensic Methodology Report: How to catch NSO Group’s Pegasus

18/07/2021

By Amnesty International

NSO Group claims that its Pegasus spyware is only used to “investigate terrorism and crime”  and “leaves no traces whatsoever”. This Forensic Methodology Report shows that neither of these statements are true. This report accompanies the release of the Pegasus Project, a collaborative investigation that involves more than 80 journalists from 17 media organizations in 10 countries coordinated by Forbidden Stories with technical support of Amnesty International’s Security Lab.
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How many years can an undertrial languish in jail without trial? HC asks NIA on Bhima-Koregaon Case

How many years can an undertrial languish in jail without trial? HC asks NIA on Bhima-Koregaon Case

How many years can an undertrial languish in jail without trial? Bombay High Court asks NIA on Bhima-Koregaon Violence

19/06/2021

Free Press Journal / by Narsi Benwal

HC says it has too much of respect for Stan Swamy and his work, irrespective of the legal position.
The Bombay High Court bench of Justices Sambhaji Shinde and Nizamoodin Jamadar on Monday asked the National Investigations Agency (NIA) as to for how many years could an undertrial be languishing in jail without trial. The bench was referring to the fact that several rights activists, some of them senior citizens, arrested in the Bhima-Koregaon violence case, have been in prison without charges being framed against them, since last three years.
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We Have Respect For Father Stan Swamy’s Work: Bombay High Court

19/06/2021

Live Law / by Sharmeen Hakim

Justice SS Shinde of the Bombay High Court on Monday said late tribal rights activist and priest – Stan Swamy’s – graceful funeral service after his demise on July 5 2021, had touched him.
“I was informed about the timing of the funeral service. Such a wonderful person. The kind of services he has rendered to the society. We have respect for his work. Legally, whatever is there against him is a different matter…We normally don’t get time for TV, but we saw this funeral, and it was very graceful.”
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You will argue and leave, but we have to answer: Bombay HC to NIA during bail hearing of late Father Stan Swamy

19/06/2021

Bar & Bench / by Neha Joshi

“For how many years without trial can people be asked to languish in jails? Speedy trial is a fundamental right,” the Court said.
The Bombay High Court on Monday lamented at the inordinate delay in concluding trials resulting in accused languishing in jails as undertrial prisoners.
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Jharkhand CM Pays Tributes To Stan Swamy / Death in custody of Stan Swamy is devastating: UN

Jharkhand CM Pays Tributes To Stan Swamy / Death in custody of Stan Swamy is devastating: UN


Surrey (Canada), July 2021

Stan Swamy’s Death Will Forever Remain a Stain on India’s Human Rights Record: UN Expert

15/07/2021

The Wire / by The Wire Staff

Swamy’s case should remind all states that human rights defenders and all those detained without sufficient legal basis, should be released, said Mary Lawlor, UN special rapporteur on human rights defenders.
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India: Death in custody of priest Stan Swamy is devastating – UN expert (Press Release)

15/07/2021

United Nations Special Rapporteur on Human Rights Defenders / by Mary Lawlor

The death in custody of Catholic priest Stan Swamy, a renowned human rights and social justice advocate for over four decades, will forever remain a stain on India’s human rights record, a UN human rights expert said today.
I was devastated to hear that Father Stan, a Jesuit priest who had dedicated much of his life to defending the rights of indigenous peoples and the Adivasi minority, died in custody on July 5, despite many requests for his release as his health deteriorated in prison,” she said.
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Stan Swamy’s death: Left parties stage protest outside Raj Bhavan in Ranchi

15/07/2021

ANI / by ANI

Over a week since Stan Swamy passed away in judicial custody in a Mumbai hospital after being denied bail, Left parties and other organsisations on Thursday staged a protest and sat in dharna outside Raj Bhavan here in Ranchi demanding a judicial probe into the death of the rights activist as well as the release of all political prionsers.
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Jharkhand Chief Minister Pays Tributes To Stan Swamy In Memorial Service

15/07/2021

NDTV / by PTI

Jharkhand has never lagged behind when it comes to making sacrifices be it tribal icon Birsa Munda or Father Stan Swamy and they will be remembered for their invaluable contribution to the society, Chief Minister Hemant Soren said on Thursday.
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BK16: Why Is The Judiciary Still Sleeping? / Demise of Father Stan Swamy Marks Death of India’s Conscience

BK16: Why Is The Judiciary Still Sleeping? / Demise of Father Stan Swamy Marks Death of India’s Conscience

BK16: Why Is The Judiciary Still Sleeping?

15/07/2021

Countercurrents / by Sangeeta Kamat

The Bhima Koregaon15 spending a single additional night in jail is a travesty of justice.
The third report by Arsenal on evidence planting became public on July 6, with even more damning evidence corroborating the first two reports in February and April that confirmed extensive evidence planting on Rona Wilson’s hard drive, the first of the arrestees in the BK16 case. The third report meticulously documents transcripts of the malware and external activity on co-defendant Surendra Gadling’s hard drive from 2016 onward by the same attacker! Should not the Indian judiciary take account of the Arsenal reports to declare a fresh line of investigation into the so-called Bhima Koregaon case and release the 15 immediately?
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Demise of Father Stan Swamy Marks Death of India’s Conscience

15/07/2021

The Leaflet / by Aninda Dey

There was hardly a whimper in response to the sudden arrest of Father Stan Swamy on unproven charges of links to Maoists and sparking violence at Bhima Koregaon. His months-long incarceration under the UAPA, inhuman treatment, and tragic death is a dangerous trend that we Indians cannot ignore, for anybody could be next, writes Aninda Dey.
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Also read:
Evidence found on a second Indian activist’s computer was planted, report says (Washington Post, July 6, 2021)
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire, July 6, 2021)

Release BK15 and all Political Prisoners / Protest & Solidarity: Dhanbad – Bangalore – Varanasi – Bhilai – Pune

Release BK15 and all Political Prisoners / Protest & Solidarity: Dhanbad – Bangalore – Varanasi – Bhilai – Pune

Pan-India movement call by Shahid Father Stan Swamy Nyayik Sangarsh Morcha

14/07/2021

The Telegraph / by Animesh Bisoee

The morcha has held discussions with the Aituc, Intuc, SFI and social organisations for an all-India coordination committee
Trade unions, farmer unions, student unions and social organisations protesting against the death of Father Stan Swamy in judicial custody will form a coordination committee to submit memoranda to governors of different states for the repeal of the Unlawful Activities (Prevention) Act and release of rights activists arrested under the anti-terror law on allegedly flimsy grounds.
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Bangalore, July 14


Varanasi demands justice for Fr Stan Swamy

13/07/2021

Sabrangindia / by Sabrangindia

In memory of Fr Stan, Varanasi demands release of Bhima-Koregaon accused and other political prisoners
The Samiksha Sanskrit Manch, a Varanasi-based citizens’ group has demanded the release of those arrested under draconian laws.The demand was made during a tribute meeting and candle march organised on July 12, 2021 in memory of Adivasi rights activist and Jesuit priest Fr. Stan Swamy.
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Bhilai, July 13

By Progressive Writers Association, PUCL, AITUC, ACTU, TUCI, Chhattisgarh Mukti Morcha Mazdoor Karyakarta Samiti, Mahila Mukti Morcha & Rela among others

Release Political Prisoners: CJP to Maharashtra CM

13/07/2021

By Citizens for Justice and Peace

In wake of Fr. Stan’s passing, CJP appeals for release of remaining Bhima Koregaon accused.
Citizens for Justice and Peace (CJP) has once again written to Maharashtra Chief Minister Uddhav Thackeray, urging him to consider recommending to the high-power committee, that the remaining accused in the Bhima Koregaon case be released on interim bail. There are still 14 people languishing in jail after Fr. Stan Swamy passed away and Varavara Rao was released on medical grounds.
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NIA, NHRC, Modi govt and judicial system executed plot against Stan Swamy: Maoists

13/07/2021

The New Indian Express / by Mukesh Ranjan

The CPI (Maoists) has demanded immediate release of all the activists lodged in jail in Bhima Koregaon case.
The Maoists on Tuesday alleged that the National Investigation Agency (NIA) framed Stan Swamy in a fake case and demanded immediate release of all the activists lodged in jail in the Bhima Koregaon case.
The CPI (Maoists) also demanded the withdrawal of all the cases filed against them and appealed to the writers, artists, singers, lawyers, and democratic intelligentsia to support them.
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Murder by the system: Cops, activists launch into verbal clashes at protest site

13/07/2021

The Indian Express / by Express News Service

Claiming that Swamy’s death was “murder by the system”, and that he was treated inhumanly after his arrest, activists gathered under the banner of ‘Bhima Koregaon Shauryadin Prerna Abhiyaan’ and staged a protest.
Heated arguments broke out between police and activists gathered at the Pune district collectorate during a protest on Monday against the death of Father Stan Swamy, an accused in the Elgaar Parishad case.
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London, July 10

South Asia Solidarity in London, outside the High Comm of India.
Stan Swamy death: Many other Bhima Koregaon accused need medical treatment too, say relatives

Stan Swamy death: Many other Bhima Koregaon accused need medical treatment too, say relatives


Prison diaries. Drawing by Arun Ferreira

Scroll.in /by Vijayta Lalwani

Most of those imprisoned in the case are over 50 and suffer from a range of conditions.
The death of activist Stan Swamy in custody on Monday has caused palpable anxiety among the families of the other 15 people accused in the Bhima Koregaon case. The 84-year-old Jesuit priest died in a hospital in Mumbai after his plea for bail was turned down several times, despite suffering from Parkinson’s disease and later Covid-19.
Fourteen of the people accused in the case remain in prison in Maharashtra, charged under the stringent Unlawful Activities (Prevention) Act for allegedly conspiring to set off caste violence in a village near Pune in 2018.
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Also read: The Institutional Murder of Fr. Stan Swamy – A statement by the family members and friends of the BK-16 (July 6, 2021)

Stan Swamy’s institutional murder must lead to a nation-wide movement against draconian laws and state repression

Stan Swamy’s institutional murder must lead to a nation-wide movement against draconian laws and state repression

By National Alliance of People’s Movements (NAPM)

NAPM joins citizens and democratic groups across the globe remembering the life and struggle of Stan Swamy with pain and pride

7th July, 2021: The news of the cold-blooded killing of Fr. Stan Swamy by all the institutions that held him arbitrarily in custody for over 9 months has shaken not just the ‘conscience’ of India, but of the entire world. This incident shall remain a permanent blot on India’s claim of being a ‘democracy’, which oversaw the custodial torture and consequent ‘death’ of an 84-year-old human rights defender, living with Parkinsons, for a crime he never committed. As the world mourns this spartan saint, whose only mission was to fight for justice for the oppressed, we are left with many unanswered questions about the state of our nation and the future path of struggle.

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Stop the Incarceration and Targeting of Dissenters and Activists in India

Stop the Incarceration and Targeting of Dissenters and Activists in India

Statement by Progressive International

Members of the PI Council ring the alarm on arbitrary arrests and the breakdown of justice in India.
The conduct of the Indian Government is unacceptable in the international framework for the protection of human rights and runs counter to the Indian Constitutional framework.
The members of Progressive International call upon the Indian government to immediately stop persecuting non-violent protestors wrongly accused and booked by the police. 
Read full statement