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Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

19/10/2021

The Quint / by Vakasha Sachdev

Despite strict bail conditions & the SC’s Watali judgment, courts can still apply their mind to see if charges fit.
India has for many years had a major problem when it comes to pre-trial incarceration. 70 percent of prisoners in India are undertrials, according to the latest available NCRB data (from 2019) – that’s 3,28,000 people in jail without ever being convicted.
… The Bhima Koregaon accused are the best example of this, with bail denied to them despite incriminating evidence appearing to be planted on their computers (Rona Wilson), the material against them being dubious (Sudha Bhardwaj) and having severe illnesses (83-year-old Father Stan Swamy, who eventually died in jail).
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Kappan’s Chargesheet and Threat to Reporters Covering Minority Issues

19/10/2021

Newsclick / by Hana Vahab

An independent journalist in India has been behind the bars for one year. His crime, as per the chargesheet filed is, reporting and writing stories only for “inciting” the Muslim community.
… The number of journalists charged with UAPA in the past five years add up to over 5,000 with a hike of 162% in sedition cases between 2016- 2019 as per the National Crime Records Bureau. Those who were incarcerated under UAPA include … human rights lawyers Arun Ferreria and Surendra Gadling, Dalit rights activists Sudhir Dhawale and Mahesh Raut, women’s rights activist Shoma Sen among others.
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Human rights defenders don’t tarnish India’s image

Human rights defenders don’t tarnish India’s image

Human rights defenders don’t tarnish India’s image

19/10/2021

The Indian Express / by Kavita Krishnan

An event marking the 28th foundation day of India’s National Human Rights Commission (NHRC) revealed much about the current state of human rights in India.
… The fact is that India’s human rights defenders have held every shade of government responsible and accountable for human rights violations and infringement of civil liberties. Sudha Bharadwaj, a leading human rights defender who is in prison for the past three years thanks to flimsy charges under a draconian law, exposed rights violations in Chhattisgarh’s Bastar when the Union home ministry, then under the control of Modi’s rival, the Congress, unleashed “Operation Green Hunt” that resulted in the rape, massacre and displacement of Adivasi civilians in the name of combating Maoist insurgents.
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Mindset that harms human rights, writes P Chidambaram

17/10/2021

Indian Express / by P Chidambaram

In the last over three years, PM Modi has not uttered a word on the human rights of the prisoners in the Bhima Koregaon case nor on the prolonged delay in even framing the charges. I agree with the PM when he said “Such mindset harms human rights a lot.”
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Also read: Bhima Koregaon case: Three years of legal and rights violations (Newslaundry, Jan 2021)

Mumbai: Release the Bhima Koregaon Prisoners

Mumbai: Release the Bhima Koregaon Prisoners

By Dr Meena Kandasamy (Oct 1)
Rama Ambedkar at a gathering in Bombay today demanding release of #BhimaKoregaon prisoners. She spoke on the sudden change in the media narrative of the BK riots in 2018 and the conspiracy that ensued culminating in the arrest of Anand Teltumbde and 15 others.

Switzerland: Petition demands immediate release of political prisoners in India

Switzerland: Petition demands immediate release of political prisoners in India

Berne; Oct 1, 2021 (Pic credits: Solifonds)

By SOLIFONDS and the Women’s Rights Group Zurich of Amnesty International Switzerland

Today, Friday 1 October, SOLIFONDS and the Women’s Rights Group Zurich of Amnesty International Switzerland handed over several hundred signatures for a petition for the release of political prisoners (BK16) to the Indian Embassy in Berne, Switzerland. However, no one from the embassy was willing to receive the petition.

Indian trade unionist and lawyer Sudha Bharadwaj has been in prison for over three years – without evidence and without a trial. Sudha Bharadwaj is also known in Switzerland because she struggled for the direct employment of contract workers at the Swiss cement company Holcim in India, as ruled by law. She and 15 other human rights defenders, intellectuals, lawyers and cultural workers were accused of being involved in the violence at Bhima Koregaon and of planning a conspiracy against the government. Forged documents, which forensic investigations revealed had been smuggled into the computers of accused persons by hackers, serve as “evidence”. A trial has not yet taken place.

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When Can an Accused in Jail Get Medical Bail? Is it Possible in UAPA Cases?

When Can an Accused in Jail Get Medical Bail? Is it Possible in UAPA Cases?

The Quint / by Vakasha Sachdev

Nearly all Bhima Koregaon accused have been denied medical bail despite serious ailments. Here’s what the law says.
On 24 September, the Bombay High Court will consider whether to extend the bail granted by it to poet and activist Varavara Rao on medical grounds, back in February.
81-year-old Rao had been granted medical bail for six months by the court in view of various medical problems that had kept requiring hospitalisation and repeated deteriorations in his condition every time he was sent back to jail.
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Video: BK16 and the Incarceration of Justice / Film spotlights ‘price’ paid by Bhima Koregaon 16

Video: BK16 and the Incarceration of Justice / Film spotlights ‘price’ paid by Bhima Koregaon 16

Video: BK16 and the Incarceration of Justice

18/09/2021


en | 13 min | 2021

By Karawan e Mohabbat

Tune in to find out who are #bk16 and why the state has left no stone unturned to charge them under the draconian #UAPA laws.
Watch video (08:00-22:01)


Film spotlights ‘price’ paid by Bhima Koregaon 16

18/09/2021

The Telegraph / by Pheroze L. Vincent

Produced by the Delhi-based NGO Karwan-e-Mohabbat, the 13-minute film edited and narrated by Anam Sheikh starts with the funeral service of the 84-year-old Father Stan.
At the beginning, Father Stan Swamy appears on screen to say that what is happening to him is not happening to him alone. The film ends with the Jesuit declaring he is “ready to pay the price, whatever it may be”.
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Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case (pictures)

Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case (pictures)

Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case

15/09/2021

The Hindu / by Staff Reporter

‘It is a protest against stifling of all voices for democratic rights’
The arrest of thinkers, social activits and writers in connection with the Bhima Koregaon case is not just a blantant violation of human rights, but a threat to intellectuals who speak against Hindutva forces, said Madurai MP Su. Venkatesan on Wednesday.
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Activists Form Human Chains to Demand Release of Bhima-Koregaon Detainees

15/09/2021

Newsclick / by Neelambaran A

Left, youth, Dalit and human rights organisations in Tamil Nadu slam the BJP government for muzzling dissent.
More than 25 Left, youth, Dalit and human rights organisations in Tamil Nadu formed human chains on the International Day of Democracy on Wednesday to protest the illegal detention of intellectuals and activists, including in the Bhima-Koregaon case, under the Unlawful Activities (Prevention) Act (UAPA), 1967.
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Also read:
95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report (Sabrang / Sep 16, 2021)

Anyone who exposes the agenda of Sangh Parivar is silenced: Thirumavalavan (The Hindu / Sep 15)


In pictures

Pictures shared by Era.Athiyamaan / @EraAthiyamaan

Pictures shared by CPI (M) / @cpimspeak

Pictures shared by SimpliCityCoimbatore / @simplicitycbe

Release Bhima-Koregaon Prosoners Immediately – Release All Political Prisoners

Podcast: The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? 

Podcast: The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? 


en | 35min | 2021

The Guardian / by Siddhartha Deb

In 2018, Indian police claimed to have uncovered a shocking plan to bring down the government. But there is mounting evidence that the initial conspiracy was a fiction – and the accused are victims of an elaborate plot.
Listen to the podcast

The Legal Battle of Bhima Koregaon: The story so far

The Legal Battle of Bhima Koregaon: The story so far

Bar & Bench / by Neha Joshi

The Special NIA Court has listed the pending applications on September 6, 2021
On July 5, 2021, 83-year-old activist and priest Father Stan Swamy passed away in a Mumbai private hospital while in judicial custody for his alleged involvement in the riots that took place in Bhima Koregaon post the Elgar Parishad event held on January 2018.
His death highlighted the state of undertrials in the Bhima Koregaon case, most of whom have been awaiting trial for the past three years.
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Petition: Open an Investigation into NetWire attack on the computers of the Bhima Koregaon arrestees!

Petition: Open an Investigation into NetWire attack on the computers of the Bhima Koregaon arrestees!

India Civil Watch / By NET ALERT

To: Parliamentary Subcommittee on Information Technology
We, the undersigned, demand that the parliamentary subcommittee on Information Technology open an investigation into the NetWire attack on the computers of the Bhima-Koregaon arrestees. There is overwhelming evidence that a malware attack took place. One of the world’s leading digital forensic investigation agencies, Arsenal Consulting, has conducted a thorough investigation and brought to light crucial evidence confirming the attack and the planting of incriminating documents on the hard drives of the Bhima-Koregaon arrestees. Independent experts have verified Arsenal’s findings.
Read more /sign petition