BK16 – free them all

A republic’s travesty of justice / The true meaning of freedom

13/09/2026 Asha

A republic’s travesty of justice

17/09/2026

Frontline / by M.A. Baby

Umar Khalid’s six years in Tihar expose how prolonged pretrial detention under UAPA has become a means of punishing dissent, with Muslims, Dalits and Adivasis bearing a disproportionate burden.
On September 13, 2026, Umar Khalid completed six years in Tihar Jail. Not one prosecution witness has been examined.
There is a particular kind of silence that settles over a case like Umar’s. This is the silence of a system that has learned to punish without verdict, to sentence without trial, and most importantly, to convert the process itself into the penalty.
… The Bhima-Koregaon case offers a parallel indictment of the same machinery. It has been eight years since the alleged incident. Even the trial has not begun.
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Who Will Police the Indian Police?

13/09/2026

The Wire / by Anand Teltumbde

Police reform will remain cosmetic unless policing is made strictly accountable to the law rather than to political power.
Police are the face of the state to ordinary Indians. And that face is often one of raw terror. People encounter the state through the policeman at the street corner, the police station, the barricade or the interrogation room. As veteran journalist Kuldip Nayar once observed, the ordinary person’s first encounter with the police often begins with abuse and the danda.
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Serving the Powerful, Failing the Powerless

13/09/2026

Peoples Democracy / by MA Baby

Justice Deepak Gupta, a former judge of the Supreme Court, marked the eightieth anniversary of Independence by asking in print what few in his position have dared to ask; how free are we, the citizens of India?
… The Bhima Koregaon prosecution is in its ninth year. Father Stan Swamy died in custody in July 2021. Surendra Gadling got bail in May 2026 after nearly eight years, only to stay in jail on a second case. Every surviving accused has now been granted bail; not one has faced trial, because charges have still not been framed, and forensic findings that the incriminating files were planted by malware have never been judicially examined. The process is the punishment, and the court’s refusal to intervene is what keeps the process alive.
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“The process has become the punishment”: Former SC judge Justice Deepak Gupta flags Umar Khalid’s incarceration, judicial majoritarianis

11/09/2026

Maktoob / by Maktoob

Former Supreme Court judge Justice Deepak Gupta criticised prolonged incarceration, judicial majoritarianism and courts’ failure to protect individual liberty, saying “the process has become the punishment” while citing the cases of Umar Khalid, Elgar Parishad and Sonam Wangchuk.
Former Supreme Court judge Justice Deepak Gupta criticised the judiciary’s failure to protect individual liberty, citing rights activist Umar Khalid’s prolonged incarceration and the Elgar Parishad case, and said “the process has become the punishment” as people are labelled “anti-nationals” and their lives ruined.
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The true meaning of freedom

06/09/2026

The Tribune / by Justice Deepak Gupta

No country can claim to be free unless it has an independent and fearless judiciary
After the marching has come to a halt, the drumrolls have fallen silent and the euphoria of India’s 80th Independence Day celebrations has lessened, I ponder, how free are we, the citizens of India?
… The accused in the Elgar Parishad case were kept behind bars for years; one died in jail. The allegations against them are said to be very serious. If so, why has the prosecution not shown the same seriousness to start the trial? Eight years have passed since the incident took place. The trial is yet to begin.
Read more

Also read:
▪ Our Criminal Justice System Overlooks Victims of Police Torture (The Wire / Jun 2026)
▪ The ‘Natural Death’ Problem in Indian Jails (The Wire / Jun 2026)
▪ Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’ (article 14 / Dec 2025)
▪ In Surendra Gadling’s case, adjournment becomes the verdict (Frontline / Aug 2025)
▪ Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)

▪ Release Elgar Parishad Political Prisoners Immediately (Peoples Democracy Jan 2023)
▪ 4,484 People Died in Police Custody Since 2020: Govt Data (The Swaddle / Jul 2022)

Elgar Parishad Case Transferred To New NIA Court In Mumbai

09/09/2026 Asha

Free Press Journal / by Charul Shah Joshi

The Elgar Parishad case has been transferred from Mumbai’s designated NIA court in Sessions Court No. 25 to newly notified Court No. 26. The move comes as discharge hearings were nearing completion, with several applications pending for over two years. The transfer could require arguments to be repeated, potentially delaying proceedings.
Days after the NIA court refused to cancel the bail of activists Sudha Bharadwaj, poet Varavara Rao, Vernon Gonsalves and Arun Ferreira, booked in connection with their alleged involvement in the Elgar Parishad violence case, the case has been transferred to another court.
Read more

Also read:
▪ Bhima Koregaon case: Mumbai court rejects NIA plea to cancel bail for four activists (Scroll.in / Aug 2026)
▪ NIA making malicious and false allegations to delay trial: Sudha Bhardwaj (Hindustan Times / Jul 2026)
▪ Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’ (article 14 / Dec 2025)
▪ In Surendra Gadling’s case, adjournment becomes the verdict (Frontline / Aug 2025)
▪ Bhima-Koregaon case transferred to NIA to compromise independent probe: Front Line Defenders (Jan 2020)

Prisoners and the privilege of equal care

16/08/2026 Asha

Credits: Drawing by Arun Ferreira / The Polis Project

The New Indian Express / by Kaleeswaram Raj

Asaram Bapu’s access to a full-time caregiver in jail highlights the stark disparities in India’s prison system, where many inmates struggle for medical care, dignity and even basic necessities
… Swamy’s and Saibaba’s predicaments are often cited, but many others have suffered in prison. In a 2024 paper, Bhavya Dore and Sukhada Tatke exposed the incredibly inhuman treatment, including denial of medical care, extended to political prisoners booked under the draconian Unlawful Activities (Prevention) Act, going beyond the Swamy-Saibaba tragedies. It says the prison authorities denied even a mosquito net to people accused in the Bhima Koregaon case, including Anand Teltumbde, Vernon Gonsalves, Gautam Navlakha and Sagar Gorkhe. Law teacher and activist Sudha Baradwaj and English teacher Shoma Sen were lodged along the Phansi yard in Yerwada jail, says the paper.
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Also read/watch:
▪ Disabled inmates must be allowed to self-identify: plea (The Hindu / Jul 2026)
▪ Lives Lost: How Prolonged Incarceration Failed Pandu Narote, Kanchan Nanaware, Stan Swamy (Frontline / Jan 2026)
▪ Voices From Prison | A Legacy Of Detention: Weaponisation Of PDA, TADA, NSA And UAPA Laws Since Independence (Outlook / Jan 2026)
▪ Video | Sudhir Dhawale Spoke With Outlook About Mental Health Crisis in Indian Prisons (Outlook / Oct 2025)
▪ An Imprisoned Mind | Mental Health Challenges Among India’s Political Prisoners (Outlook / Sep 2025)
▪ I saw firsthand how callous prison officials and their negligence led to Stan Swamy’s death (Scroll.in | by Arun Ferreira | Jul 2025)
▪ BK-16 Prison Diaries: Sagar Gorkhe on his battle to survive Taloja jail’s brutality (The Polis Project | by Sagar Gorkhe | Feb 2025)
▪ Some personal reflections on prison medical care (The Leaflet | by Vernon Gonsalves | Apr 2024)
▪ ‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

When the NIA Fails, Who Holds It Accountable?

15/08/2026 Asha

Countercurrents / by Arun Srivastava

78-year-old man named Mohammed Naeem was acquitted and cleared of all charges by a special National Investigation Agency (NIA) Court in Lucknow after a 33-year-old sedition case due to a lack of evidence. He was accused of outraging religious feelings and making imputations prejudicial to national integration. The case stemmed from an incident on Republic Day, January 26, 1993, in Gorakhpur, Uttar Pradesh.
… The Bhima Koregaon case remains one of India’s most controversial legal proceedings. The takeover and handling of the case by the National Investigation Agency (NIA) reflect a politically motivated misuse of federal investigative powers to suppress dissent. The investigation conflates peaceful human rights advocacy and tribal rights work with militant activities, labelling intellectuals and lawyers as “urban naxals”.
Read more

Also read:
▪ Years Without Trial, Then Pushing Guilty Pleas: Understanding the NIA’s Playbook (The Wire / Dec 2025)
▪ Inside the NIA’s ‘Perfect’ Conviction Record: How Coercive Detentions Are Driving Guilty Pleas (The Wire / Dec 2025)
▪ Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’ (article 14 / Dec 2025)
▪ Bhima-Koregaon case transferred to NIA to compromise independent probe: Front Line Defenders (SabrangIndia / Jan 2020)
▪ Why Modi and Shah Took the Bhima Koregaon Investigation Away From Maharashtra (The Wire / Jan 2020)

Global rights monitor CIVICUS puts India on ‘watchlist’ over civic freedoms

29/07/2026 Asha

India added to human rights watchlist as repression intensifies in Modi’s third term

29/07/2026

Civicus / by CIVICUS Monitor Watchlist

– A range of legal measures are being used to jail activists, protesters, journalists and critics of the government
– Authorities are expanding censorship and surveillance powers
– NGOs face tighter funding restrictions and unprecedented government control over their operations
India has been added to the latest CIVICUS Monitor Watchlist due to a rapid deterioration in civic freedoms during Prime Minister Narendra Modi’s third term. The decline has been marked by the escalating persecution of activists, growing restrictions on independent media and civil society organisations, and the expanded misuse of anti-terror legislation and other legal measures against critics of the government.
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Global rights monitor CIVICUS puts India on ‘watchlist’ over civic freedoms

29/07/2026

Frontline / by Frontline News Desk

CIVICUS, which tracks freedoms across nearly 200 countries, says recent crackdowns on activists, journalists, and civil society groups point to a worsening climate for free expression and peaceful assembly.
India has been added to the latest CIVICUS Monitor Watchlist following what the organisation called a “rapid deterioration in civic freedoms” during Prime Minister Narendra Modi’s third term. According to CIVICUS, the decline has been marked by the escalating persecution of activists, growing restrictions on independent media and civil society organisations, and the expanded misuse of anti-terror legislation and other legal measures against critics of the government.
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CIVICUS adds India to global human rights watchlist amid rising curbs on civic freedoms

29/07/2026

Counterview / by Jag Jivan

Global civil society alliance CIVICUS has placed India on its latest CIVICUS Monitor Watchlist, citing what it describes as a rapid deterioration in civic freedoms during Prime Minister Narendra Modi’s third term in office.
The organisation says the move reflects an escalating crackdown on activists, journalists, civil society organisations and critics of the government through restrictive legislation, censorship measures and expanded state powers.
… In April 2026, the National Investigation Agency renewed investigations into activists connected to the long-running Bhima Koregaon case, despite several having already spent years in pre-trial detention before obtaining bail.
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India: Activists arrested, abducted and tortured, journalists targeted and laws tightened to increase control

11/06/2026

CIVICUS / by CIVICUS

India’s civic space is still rated as ‘repressed’ by the CIVICUS Monitor. The authorities persist in targeting activists, journalists, students and civil society through the misuse of draconian laws, arbitrary detention, censorship and the criminalisation of dissent. Over the past year, the Unlawful Activities (Prevention) Act (UAPA), the Foreign Contribution (Regulation) Act (FCRA), counterterrorism provisions and public order regulations have been consistently deployed to silence government critics, restrict civil society, and deter peaceful protests.
Read more

Also read:
▪ Civic freedoms remain at risk with crackdown on protests, internet restrictions and denial of bail to activists (CIVICUS / Jan 2026)
▪ Ongoing detention of activists without bail, criminalisation of dissent and ban on books (CIVICUS / Sep S025)
▪ Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)

▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS /Jul 2024)

Indira Jaising sounds alarm on democracy & dissent / India’s Anti-Terror Law and the Punishment of the Unconvicted

19/05/2026 Asha

Two judgments, no single standard: Why terror law UAPA’s bail threshold isn’t a straight line

21/05/2026

The Print / by Sahaj Sankaran

SC’s contradiction over bail in terror cases has revived questions over whether the stringent Watali test or the liberty-focused Najeeb ruling should guide UAPA jurisprudence.
When a two-judge Supreme Court bench Monday criticised a co-ordinate bench’s decision denying bail in January to Sharjeel Imam and Umar Khalid, both accused under the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case, the criticism raised a much broader issue: how should courts decide on bail under the anti-terror law?
… In the the 2022 Jyoti Jagtap vs NIA case, the court did not consider Najeeb at all, implicitly arguing that Najeeb had no applicability even though the defendant had been in prison for two years by that point. It took another three years for Jagtap, arrested for her alleged ties to the organisers of the 2017 Elgar Parishad event, to secure bail.
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Not defending civil society judiciary’s biggest failure Advocate Indira Jaising

19/05/2026

The Week / by pti

The judiciary’s inability to protect civil society from persecution is its “biggest failure”, writes senior advocate Indira Jaising in her new book “The Constitution Is My Home”, alleging that political opponents, activists and human rights defenders are being systematically targeted through criminal law.
… Referring to the prosecution of late Delhi University professor G N Saibaba under the Unlawful Activities (Prevention) Act (UAPA), she criticised judicial observations that shifted the focus of criminal law from “overt acts to beliefs and ideas”.
She also criticised the use of the UAPA and the sedition provision under Section 124A of the Indian Penal Code against activists and human rights defenders in cases linked to the 2020 Delhi riots and the Bhima Koregaon violence.
Read more

▪ Indira Jaising interview: Senior advocate sounds alarm on democracy & dissent in modern India

en | 19:16min | 2026
Interview by: Kanu Sarda
Camera: Sanjay Ahlawat
Editor: Syam Krishnan

In this exclusive interview with THE WEEK, Indira Jaising discusses her new memoir, The Constitution Is My Home, and shares her thoughts on the biggest constitutional and judicial challenges facing India today. From the Bhima Koregaon case and judicial accountability to women in the Supreme Court and the criminalisation of dissent, Jaising offers a candid and deeply personal reflection on law, democracy and power.
Watch video

India’s Anti-Terror Law and the Punishment of the Unconvicted

19/05/2026

Countercurrents.org / by Utkarsh Mishra

The statistics released by the government paint a troubling picture. From 2019 to 2023, India arrested 10,440 individuals using its strictest anti-terror law, but only 335 were convicted. This number didn’t come from a human rights organisation; it was shared by the Union Home Ministry itself during a session in Parliament in December 2025. The National Crime Records Bureau put together these figures, and it amounts to a mere 3.2% conviction rate.
Read more

Also read:
▪ Voices From Prison | A Legacy Of Detention: Weaponisation Of PDA, TADA, NSA And UAPA Laws Since Independence (Outlook / Jan 2026)
▪ Unlawful: Editorial on the Bhima Koregaon case and denial of liberty under UAPA (The Telegraph / Feb 2026)
▪ Inside the NIA’s ‘Perfect’ Conviction Record: How Coercive Detentions Are Driving Guilty Pleas (The Wire / Dec 2025)
▪ Justice On Hold: How India’s Trial Courts Are Creating a New Class of Political Prisoners—Those Accused Of ‘Terrorism’ (article 14 / Dec 2025)
▪ Legal experts call for a repeal of UAPA over misuse and rights violations (Frontline / May 2024)

▪ Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Umar Khalid: A Prisoner of Conscience

02/05/2026 Asha

The Wire / by Clifton D’ Rozario

This is a speech by from a book discussion on ‘Umar Khalid and His World’ held on April 28, 2026 at BIC, Bengaluru.
…
Whether it is Bhima Koregaon, or the anti-CAA protests or Adivasi struggles, Unlawful Activities (Prevention) Act has become the toolkit to imprison dissenters. The UAPA stands as one of the most enduring remnants of colonial rule. Under the British laws of this nature existed for one purpose alone: to criminalise resistance and imprison those who dared to speak against the coloniser. It is a matter of profound shame that more than 75 years after Independence, in a Republic that claims fidelity to liberty, constitutional morality and democratic dissent, the State continues to preserve and weaponise the very architecture of repression once used by our oppressors.
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▪ UMAR KHALID AND HIS WORLD: an anthology

Editors: Anirban Bhattacharya, Banojyotsna Lahiri, Shuddhabrata Sengupta
Publisher: Three Essays Collective
Publication date: Feb 2026
Pages: 340

This is an anthology of writings on and by Umar Khalid, edited by his friends, highlighting his ideas and the events that have been defining moments in his journey since he was imprisoned. In the process it underscores the injustice where the trial itself is punishment, the widespread support and sympathy for Umar Khalid, and the perfidy of the State. In talking of his world rather than just him, it also brings to life the related dimensions of democracy and authoritarianism, and that he is one among many prisoners of conscience. The book has contributions from eminent intellectuals, among them scholars, mediapersons, lawyers and human rights activists, as well as other prisoners under UAPA, and is enriched with songs and poetry of the anti-CAA-NRC protests, and statements and tributes from friends and family members.

Mumbai Press Club Suspensions Over Elgar Parishad Accused Visit Spark Row; NIA Inquiry Raises Stakes

02/05/2026 Asha

Anand Patwardhan: The taming of the Mumbai Press Club

07/05/2026

Scroll.in / by Anand Patwardhan

The expulsion of the institution’s former president and two other veteran journalists is a sign of how spaces for democratic discussion are shrinking in India.
… The reasons advanced for Singh’s expulsion are instructive. Apparently, he was present at a discussion on prison conditions held on the terrace of the Press Club where several persons who are out on bail in the Bhima Koregaon case also attended.
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Mumbai Press Club Suspensions Over Elgar Parishad Accused Visit Spark Row; NIA Inquiry Raises Stakes

03/05/2026

The Wire / by Sukanya Shantha

Involvement in a legal case has never been a criterion for denying access to the club premises before. Guests, including political leaders with pending criminal cases, regularly visit the premises.
Days after the Mumbai Press Club suspended three senior members for six years for inviting human rights defenders and academics linked to the Elgar Parishad case to the club, the National Investigating Agency (NIA) has entered the controversy. In an email sent out to the members of the club, it was stated that the central agency visited the premises on Wednesday (April 29) and conducted an “inquiry”.
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NIA seeks documents from Mumbai Press Club after gathering attended by Bhima Koregaon accused

02/05/2026

Scroll.in / by Scroll Staff

The club claimed that the social gathering raised questions about a possible violation of the bail conditions of the persons accused in the case.
The National Investigation Agency on Friday sought documents from the Mumbai Press Club related to a social gathering that was attended by some of the persons accused in the 2018 Bhima Koregaon case who are out on bail, the Mumbai Press Club said in a statement emailed to members.
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NIA visits Mumbai Press Club after it suspends three members over Bhima Koregaon accused gathering

02/05/2026

The Indian Express / by Vallabh Ozarkar

The agency sought documents related to a January event attended by Bhima Koregaon accused out on bail, after the club suspended three members for allegedly facilitating it, a charge they deny, with former president Gurbir Singh calling it politically motivated ahead of club elections.
Two days after the Mumbai Press Club suspended three members over an event attended by accused persons out on bail in the Bhima Koregaon case, officials of the National Investigation Agency (NIA) visited the club seeking documents related to the gathering, according to a statement issued by the club Friday.
Read more

Also read:
▪ Artists, Educators, Publishers Speak Out Against ‘Rising Attempts’ to Stifle Their Voices (The Wire / Mar 2026)
▪ Mumbai Press Club Bars Elgar Parishad Defendants’ Entry, Issues Show-Cause Notice to Member (The Wire / Mar 2026)
▪ SNDT University cancels lecture by feminist historian Uma Chakravarti (Scroll.in / März 2026)
▪ ‘Controversy best avoided’: Kala Ghoda festival director after Anand Teltumbde book event cancelled (Scroll.in / Feb 2026)
▪ Stan Swamy Lecture Cancelled – A Case Study in India’s Shrinking Space for Dissent (The Print / Aug 2025)

Convention in Ludhiana raises concerns over detentions, rights issues

10/04/2026 Asha

Countercurrents / by Harsh Thakor

A convention organised by the Democratic Front Against Green Hunt, Punjab, was held to mark April 8 as a day opposing what participants described as “draconian laws” and to commemorate the legacy of Bhagat Singh, Sukhdev and Rajguru. …
Resolutions presented by Jaswinder Phagwara were adopted at the convention. … Additional demands included the release of activists and intellectuals in cases such as Bhima Koregaon, the Lucknow conspiracy case and the Delhi violence cases, the release of undertrials and convicts who have completed their sentences, protection of the right to organise and protest, and an end to alleged fake police encounters in Punjab.
Read more

Also read:
▪ 7 yrs in jail, charges framed against Surendra Gadling in Surajgarh arson case. What Bombay HC told SC (The Print / Apr 2026)
▪ Artists, Educators, Publishers Speak Out Against ‘Rising Attempts’ to Stifle Their Voices (The Wire / March 2026)
▪ Voices From Prison | A Legacy Of Detention: Weaponisation Of PDA, TADA, NSA And UAPA Laws Since Independence (Outlook / Jan 2026)
▪ ‘Provincial Convention against Repression’ in Barnala, Punjab (Countercurrents / Jan 2025)

Mumbai Press Club Bars Elgar Parishad Defendants’ Entry, Issues Show-Cause Notice to Member

04/03/2026 Asha

‘Myopic view’: Mumbai Press Club notice to journalist for ‘hosting’ Bhima Koregaon accused sparks backlash

05/03/2026

The Print / by Niyati Kothiyal

Journalist Gurbir Singh says he was only a participant at the gathering, didn’t invite attendees. Other members say the club is ‘mandated to allow free flow of views, debates & events’.
A showcause notice by the Mumbai Press Club to a member and former president for ‘facilitating entry and presence’ of individuals accused in the 2018 Bhima Koregaon violence case at a gathering has drawn criticism from other members for taking a “myopic” stance.
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Mumbai Press Club Bars Elgar Parishad Defendants’ Entry, Issues Show-Cause Notice to Member

04/03/2026

The Wire / by Sukanya Shantha

The Press Club’s decision is strange as the club had hosted a book launch event for Anand Teltumbde’s book, ‘Iconoclast: A Reflective Biography of Dr Babasaheb Ambedkar’ only a few months ago.
In a rather strange stand, the Mumbai Press Club has claimed that allowing human rights defenders and academics incarcerated in the infamous Elgar Parishad case into the premises will bring “disrepute” to the club.
The Press Club, once known for its liberal credentials, issued a show-cause notice to one of its members, Gurbir Singh, for allegedly “making arrangements for a visit” by a few of the Elgar Parishad defendants to the club premises in January.
Read more

Also read:
▪ SNDT University cancels lecture by feminist historian Uma Chakravarti (Scroll.in / März 2026)
▪ Anand Patwardhan Stopped from Entering Mumbai University: Here’s What Happened (The Wire / March 2026)
▪ ‘Controversy best avoided’: Kala Ghoda festival director after Anand Teltumbde book event cancelled (Scroll.in / Feb 2026)
▪ Stan Swamy Lecture Cancelled – A Case Study in India’s Shrinking Space for Dissent (The Print / Aug 2025)
▪ What makes an Urban Naxal? (MR online/ Sep 2018)
▪ #MeTooUrbanNaxal Goes Viral, Here’s Why (Outlook / Aug 2018)