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Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’

Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’

Credits: Drawing by Arun Ferreira / The Polis Project

Article 14 / by Nidah Kaiser And Tamanna Pankaj

With a conviction rate of 3.1% over four years in cases filed under India’s anti-terrorism law, and despite repeated Supreme Court orders to the contrary, India’s trial, special and ‘fast-track’ courts routinely detain activists for years without trial, often only granting bail after higher-court intervention. This systemic delay defies constitutional right and has created a de facto class of political prisoners.
India today jails scores of political activists under a slew of laws, primarily the Unlawful Activities (Prevention) Act, 1967 (UAPA), keeping many in custody for years before trial—often only freeing them after bail orders by higher courts. 
Take the Bhima Koregaon (BK-16) case, where 16 activists were arrested under UAPA in 2018.
Read more


Also read:
Inside the NIA’s ‘Perfect’ Conviction Record: How Coercive Detentions Are Driving Guilty Pleas (The Wire / Dec 2025)
The Grammar of the Power to Arrest and Search under UAPA (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Jul 2025)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

Hany Babu walks out of jail after spending nearly 2,000 days under UAPA

Hany Babu walks out of jail after spending nearly 2,000 days under UAPA

by Maktoob / @MaktoobMedia (Dec 6, 2025):
Dr. Hany Babu walks out of jail after spending nearly 2,000 days under UAPA
Dr. Hany Babu, scholar and noted social justice activist, walked out of jail today after he was granted bail by the Bombay High Court, spending over five and a half years in jail under UAPA in the Bhima Koregaon

by Dalit Camera / @DalitCamera (Dec 6,2025):
Hany Babu is out of prison. 5 and half years on fabrication. 


After more than five years in prison, Prof. Hany Babu granted regular bail in Bhima Koregaon case

05/12/2025

The Leaflet / by The Leaflet

With Prof. Babu being granted bail, twelve persons arrested in the Bhima Koregaon case are now out on bail.
On Thursday, the Bombay High Court granted regular bail to former Delhi University professor Hany Babu in connection with the 2018 Bhima Koregaon case.
A Division Bench of Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale ordered Babu’s release on the ground of prolonged pre-trial incarceration.
Babu was arrested on April 14, 2020 and has been in jail ever since. He has spent more than five years behind bars as an undertrial prisoner.
Read more


Bombay High Court grants bail to Bhima Koregaon accused Hany Babu after 5 years in jail [Read order]

04/12/2025

Bar & Bench / by Neha Joshi

Babu was arrested on July 28, 2020, and has been in custody for over five years.
The Bombay High Court on Thursday granted bail to Delhi University professor Hany Babu arrested in 2018 for his alleged involvement in the Bhima Koregaon violence case [Hany Babu v. National Investigation Agency & Ors.].
The prosecuting agency sought a stay on the order to enable them to file an appeal against it before the Supreme Court.
Read more
Read order

Bombay HC bail for Hany Babu signals a critical reassessment of the Bhima Koregaon Case

Bombay HC bail for Hany Babu signals a critical reassessment of the Bhima Koregaon Case

poster by @/bakeryprasad

Bombay HC bail for Hany Babu signals a critical reassessment of the Bhima Koregaon Case

09/12/2025

CJP / by CJP Team

After five years under UAPA, the High Court’s ruling marks a turning point in a case marred by shaky forensics, delays, and constitutional concerns
Coming after years of custodial denial, contested digital evidence and prolonged trial delays, the order signals a renewed judicial pushback against punitive pre-trial detention. In a significant development in the long-running Bhima Koregaon prosecutions, the Bombay High Court has granted bail to former Delhi University professor Hany Babu, nearly five years after his arrest under the UAPA. While the detailed judgment is awaited, the court’s decision marks an important moment in a case where bail has historically been the exception rather than the norm. Babu’s incarceration—tied to the Pune Police and NIA’s theory of a wider “urban Maoist” conspiracy—has drawn sustained rights-based scrutiny due to extensive delays, grave medical concerns, and international forensic analyses indicating that incriminating files on co-accused devices may have been planted. The order situates itself within evolving judicial recognition that excessively long UAPA detention raises constitutional concerns of liberty, due process and investigative overreach.
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After more than five years in prison, Prof. Hany Babu granted regular bail in Bhima Koregaon case

05/12/2025

The Leaflet / by The Leaflet

With Prof. Babu being granted bail, twelve persons arrested in the Bhima Koregaon case are now out on bail.
On Thursday, the Bombay High Court granted regular bail to former Delhi University professor Hany Babu in connection with the 2018 Bhima Koregaon case.

As many as twelve accused are out on bail:
– On February 22, 2021, the Bombay High Court granted P. Varavara Rao medical bail. Later, the Supreme Court granted  permanent medical bail to him.
– On December 1, 2021, the Bombay High Court granted Sudha Bharadwaj default bail. Later, the Supreme Court confirmed her release on bail.
– On November 18, 2022, the Bombay High Court granted Anand Teltumbde bail on merits. Later, the Supreme Court dismissed NIA’s plea against his bail.
– On July 28, 2023, Vernon Gonsalves and Arun Ferreira were granted regular bail by the Supreme Court on July 28, 2023 after finding no prima facie case against them.
– On April 5, 2024, Shoma Sen was granted regular bail by the Supreme Court finding no prima facie case against her.
– On May 14, 2024, the Supreme Court lifted the stay on the bail earlier granted to Gautam Navlakha.
– In January 2025, the Bombay High Court granted bail to Rona Wilson and Sudhir Dhawale.
– Recently, co-accused Jyoti Jagtap was granted interim bail by the Supreme Court, while Mahesh Raut was granted interim bail on medical grounds. Raut already has an order in his favour on merits, but the Supreme Court continued the stay on his regular bail for two years.
– Now, the Bombay High Court granted Hany Babu bail.
Read more


And then there were 3: One more granted bail, charges not framed yet, Elgaar Parishad case creaks

04/12/2025

The Indian Express / by Sadaf Modak and Omkar Gokhale

In several cases, such as in Hany Babu’s Thursday, courts have cited long incarceration to grant bail. They have also commented on poor evidence to substantiate terror charges
With former Delhi University professor Hany Babu granted bail by the Bombay High Court Thursday, only three of the 16 arrested by the Pune police and NIA in the Elgaar Parishad case remain behind bars.
Read more

‘Malware Evidence in Their Own Reporting?’ Global Experts Reiterate Bhima Koregaon Reports, Seek End to Injustice

‘Malware Evidence in Their Own Reporting?’ Global Experts Reiterate Bhima Koregaon Reports, Seek End to Injustice

Credits: Poster by #bakeryprasad

The Wire / by Mekhala Saran

Netherlands-based digital forensics expert Robert Jan Mora found “malware, not identified as such in the (RFSL) report, on an external pen drive that was seized from Mr. [Rona] Wilson”.
In 2022, when Netherlands-based digital forensics expert Robert Jan Mora was reviewing screenshots of Pune Police reports on some of the accused in the Bhima Koregaon case, he found something strange.
The Bhima Koregaon case has garnered international infamy for the prolonged persecution of 16 human rights defenders under terrorism-related charges, with individuals and organisations from across the world calling for the release of all accused. 
Read more


Also read:
How an unsophisticated malware attack became India’s biggest state-sponsored cybercrime (The Polis Project / Mar 2025)
India: Damning new forensic investigation reveals repeated use of Pegasus spyware to target high-profile journalists (Amnesty.org / Dec 2023)
Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case (Mumbai Rises to Save Democracy / Dec 2022)
Hackers Planted Files to Frame an Indian Priest Who Died in Custody (Wired / Dec 2022)
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)
Explainer: Arsenal Report on Surendra Gadling (The Leaflet / Jul 2021)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)
Why the letter about a ‘Rajiv Gandhi-type’ assassination plot to kill Modi is fake (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jun 11, 2018)

Celebration to Incarceration: The Bhima-Koregaon Case So Far

Celebration to Incarceration: The Bhima-Koregaon Case So Far

Poster by #bakeryprasad

Outlook / by Pritha Vashisth

What began in 2018 as a commemoration of anti-caste resistance turned into an eight-year-long legal ordeal, with 16 lawyers, poets, professors and activists jailed under anti-terror laws—many without trial, and some still behind bars today
Summary
◦ The Bhima-Koregaon event in 2018, a Dalit-led commemoration, was followed by violence—leading to the arrest of 16 activists, academics, and lawyers.
◦ All accused were charged under the harsh UAPA law, allowing long detentions without evidence or trial—Fr Stan Swamy died in custody.
◦ Eight of the 16 have been granted bail, but some remain jailed as courts have not yet ruled on their discharge petitions.
Read more


Also read:
Why caste Hindutva, not an Elgar conspiracy, is at the root of the Bhima Koregaon violence (The Polis Project / Feb 2025)

Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality

Author: Ajaz Ashraf  
Publisher: AuthorsUpFront
Publishing Date: June 2024
Binding: Paperback
Language: English
Pages: 496
Read more/order
Book Excerpt | How Bhima Koregaon Became a Trope for Dalit Pride and Assertion (The Wire │ by Ajaz Ashraf │ June 2024)

The Incarcerations: Bhima Koregaon And The Search For Democracy In India

Author: Alpa Shah
Publishing Date: March 2024
Publisher: Harper Collins Publisher
Pages: 672
Read more / order
Book Excerpt: The story of an ‘Urban Naxal’ (Deccan Herald | by Alpa Shah | April 2024 )

Video: Stan Swamy Memorial Lecture | Migration for Livelihood: Hope Amidst Miseries?

Video: Stan Swamy Memorial Lecture | Migration for Livelihood: Hope Amidst Miseries?

Stan Swamy Memorial Lecture

Migration for Livelihood: Hope Amidst Miseries?

This year’s Stan Swamy Memorial Lecture reflected on migration, livelihood, and justice, continuing the legacy of Father Stan Swamy’s lifelong advocacy for the marginalized.
The program also emphasised the ongoing demand for the release of all Bhima Koregaon accused.
Date: Sat, 13 September 2025
Speaker: Father Prem Xalxo SJ
Chair: Advocate Indira Jaising

en / hindi | 1:51:29 | 2025
Watch recording


Stan Swamy Memorial Lecture: Speakers stress on struggles of tribal, migrant communities

14/09/2025

The Indian Express / by Naresh S

Senior advocate Mihir Desai, who has represented human rights cases in the Bombay High Court and Supreme Court, reflected on Stan Swamy’s legacy
Speakers at the Stan Swamy Memorial Lecture, held on Saturday at Nariman Point after being cancelled earlier by St Xavier’s College, stressed on the ongoing struggles of India’s tribal and migrant communities. Organised by over 55 civil society groups, the event drew both in-person and virtual audiences and paid tribute to the late Jesuit priest and tribal rights activist Stan Swamy.
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Civil society pushes on, holds Stan Swamy lecture

14/09/2025

Hindustan Times / by Sabah Virani

Irfan Engineer condemned the suppression of free expression at the Stan Swamy Memorial Lecture, highlighting resistance against political intimidation and rights violations.
“This lecture is an act of resistance; resistance to suppression of freedom of expression, resistance to bulldozing our democracy and constitution, resistance to an attempt to intimidate marginalised sections of society and educational institutions, in what can be taught, what lectures are arranged, and what cannot, and their being dictated by Hindu nationalist organisations, which have a political agenda and muscle power to exercise it,” said Irfan Engineer, director of the Centre for Study of Society and Secularism (CSSS).
Read more


Stan Swamy Memorial Lecture to be held tomorrow at Mumbai’s Nariman Point after cancellation at St Xavier’s College

12/09/2025

The Indian Express / by Naresh S

The original programme commemorating Father Stan Swamy, planned for August 9 at St Xavier’s College, Mumbai, was cancelled following objections raised by ABVP activists.
The annual Stan Swamy Memorial Lecture, initially cancelled by St Xavier’s College, Mumbai, will now be held on Saturday in Nariman Point, which the attendees can join virtually.
The lecture is being organised by a coalition of civil society groups, including the People’s Union for Civil Liberties (PUCL), Samanvaya, People’s Union for Democratic Rights (PUDR), Karvaan-e-Mohabbat, and International Solidarity for Academic Freedom in India (InSAF India).
Read more


Stan Swamy Memorial Lecture | Migration for Livelihood: Hope Amidst Miseries? (Sep 13)

10/09/2025

Free Press Journal / by FPJ Desk

Swamy was arrested by the National Investigation Agency in 2019 after violence at the Elgar Parishad-Bhima Koregaon gathering. He was reportedly ailing when he passed away.
The Stan Swamy Memorial Lecture 2025 on ‘Migration for Livelihood: Hope Amidst Miseries’ by Fr Prem Xalxo, will be held online on September 13, after the programme organised by St Xavier’s College on August 9 was cancelled.
Read more


Also watch/read:
Video: Mihir Desai Speaks – Stan Swamy Memorial Lecture

en | 50:18 | 2025
Senior advocate Mihir Desai shares his perspective. He fought Stan Swamy’s case in the Mumbai High Court. A champion of Adivasi rights, Stan Swamy was accused of conspiring against the state and taken into custody in the infamous Bhima Koregaon case. He passed away in Taloja Jail/Holy Family Hospital on 5 July 2025.
Watch video

Stan Swamy Lecture Cancelled – A Case Study in India’s Shrinking Space for Dissent (The Print / Aug 2025)
“Sorry, Stan!” (Countercurrents / Aug 2025)
Daring, Fearless and Kind, Father Stan Swamy Remains a Beacon of Resistance (The Wire | by Hany Babu, Jyoti Jagtap, Mahesh Raut, Ramesh Murlidhar Gaichor, Sagar Gorkhe, Surendra Gadling | Jul 2025)

Ongoing detention of activists without bail, criminalisation of dissent and ban on books

Ongoing detention of activists without bail, criminalisation of dissent and ban on books

monitor.civicus.org / by CIVICUS

India’s civic space is rated as ‘repressed’ by the CIVICUS Monitor. Even as the country celebrated its 79th Independence Day on 15th August 2025, the government continued to target activists and civil society organisations by misusing draconian anti-terror and sedition laws to silence dissent. Laws like the Unlawful Activities (Prevention) Act (UAPA) are used to keep activists and academics behind bars and to fabricate charges against those critical of the government and its polarising, discriminative and anti-poor policies.

BK-16 activists detained for years continue to seek bail
Academic and anti-caste activist Hany Babu was due to appear before the Bombay High Court seeking regular (indefinite) bail on 12th August 2025 after his request was approved by the Supreme Court on 16th July 2025. However, his bail hearing has been delayed without prior notice until 8th September 2025. He has spent more than 5 years in jail awaiting trial.
Hany Babu, who has been held in pre-trial detention since his formal arrest on 28 July 2020, has applied for bail on at least five separate occasions, including medical bail, but has yet to be approved.
Read more


Also read:
India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS /Jul 2024)
Civic Freedoms in India ‘Repressed’: Global Monitor Civicus (The Wire / Mar 2023)

No trial, no bail; no justice

No trial, no bail; no justice

Madhyamam / by Editorial Desk

The government is delaying the trial without even starting it, as there is no evidence to establish fabricated charges against the accused, and for buying time to produce false witnesses and false evidence.
… Dr Hani Babu, a Keralite professor at Delhi University, has been facing this kind of ‘punishment’ for more than five years. Hani Babu’s crime is that he campaigned against caste-based injustices and social inequalities. He has been arrested and sent to a Maharashtra jail in the Bhima-Koregaon-Elgar Parishad case, which has implicated leading rights activists in the country, from Stan Swami to Sudha Bharadwaj.
Read more


Also read:
In Surendra Gadling’s case, adjournment becomes the verdict (Frontline / Aug 2025)
Who Is a ‘Political Prisoner’? Rona Wilson Says Caste and Religion Are Key to the Answer (The Wire / Feb 2025)
Many Prisoners at Taloja Jail Not Produced Before Court For Years, Reveals Survey by Surendra Gadling and Sagar Gorkhe (The Wire / Feb 2025)
When Push Comes to Shove: Tracking Judicial Recusals and Transfers (The Wire / Apr 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

Who is a ‘Naxal’?

Who is a ‘Naxal’?


CPI(M) poster campaign 2020

The Leaflet / by Justice K. Chandru (Retd.)

The home minister’s accusation against vice-presidential candidate Justice Sudarshan Reddy should make us reflect deeply on how certain terms have been weaponised to invalidate the lifeworks of public intellectuals, and how the higher judiciary itself has enabled this.

Who is a Naxal?: The attack on public intellectuals and the judiciary’s silent complicity
Of late, supporters of the ruling regime have weaponised the label of ‘Naxal’ and ‘urban Naxal’ to name-call public intellectuals who have opposed them. We saw similar allegations being deployed against intellectuals and social activists who have been imprisoned under the notorious Unlawful Lawful Activities (Prevention) Act (‘UAPA’) in the Bhima Koregaon case.
Read more


Also read:
Don’t Distort SC’s Salwa Judum Ruling or Resort to Name Calling, Former Judges Tell Amit Shah (The Wire / Aug 2025)
Fall of Democracy’s Last Bastion: Election Commission as the BJP’s Strategic Shield (The Wire | by Anand Teltumbde | Aug 2025)
The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime (The Wire / Aug 2025)
Insecurity By Law: A Critique of the Maharashtra Special Public Security Bill in the Context of India’s Banning Regime (PUDR / Jul 2025)
From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)

Stan Swamy Lecture Cancelled – A Case Study in India’s Shrinking Space for Dissent

Stan Swamy Lecture Cancelled – A Case Study in India’s Shrinking Space for Dissent

The Print / by Ranjan Solomon

St. Xavier’s bowed to ABVP pressure, cancelling a memorial for the late Jesuit activist, exposing the deepening crisis of free speech and academic courage in India.
The cancellation of the Stan Swamy Memorial lecture and the weaponisation of allegations, truth is obfuscated. 
Read more


Also read:
“Sorry, Stan!” (Countercurrents / Aug 2025)
Daring, Fearless and Kind, Father Stan Swamy Remains a Beacon of Resistance (The Wire | by Hany Babu, Jyoti Jagtap, Mahesh Raut, Ramesh Murlidhar Gaichor, Sagar Gorkhe, Surendra Gadling | Jul 2025)

▪ Video: Testimony of Stan Swamy, two days before his arrest on 8 October 2020.


en | 7:48 min | Oct 6, 2020
Watch video