BK16 – Page 11 – free them all

NIA asked to submit a chart with details of copies of evidence supplied and yet to be supplied to the accused

05/09/2023 Asha

The Leaflet / by Sarah Thanawala

The National Investigation Agency was directed to comply with the predecessor judge’s Order dated May 23, 2022, directing the it to provide a chart on data of documents.
On Tuesday, a National Investigation (NIA) court of special judge Rajesh Kataria directed the NIA to provide a chart of the data of the cloned copies of seized documents in the Bhima Koregaon-Elgar Parishad Maoist links and criminal conspiracy case.
The plea is for the NIA to comply with Section 207 (supply of a copy of the police report and other documents to the accused) of the Code of Criminal Procedure (CrPC).
Read more

Also Read:
● What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle? (The Leaflet / Aug 2023)
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / July 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)

What is Section 207 CrPC, an essential piece of the Bhima Koregaon case puzzle?

31/08/2023 Asha

The Leaflet / by Sarah Thanawala

What is the law embedded in Section 207 of the Code of Criminal Procedure, 1973 and why does it keep getting invoked in the Elgar Parishad–Bhima Koregaon case?
Sevaral accused in the Elgar Parishad–Bhima Koregaon case have claimed that the National Investigation Agency (NIA) has inordinately delayed giving them access to copies of important evidence in the case.
The evidence exists in the form of cloned copies of electronic material purportedly recovered from the accused.
Read more

Also Read:
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / July 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Prison-rights activist Rona Wilson’s hard disk contained malware that allowed remote access (The Caravan / March 2020)

Can Fr Stan Swamy’s PIL be the blueprint for justice to thousands of undertrials lodged under UAPA?

18/08/2023 Asha

The Leaflet / by Sarah Thanawala

Can the judgment which granted bail to Vernon Gonsalves and Arun Ferreira form the basis for implementation of the same principles for granting bail to other accused in the Bhima Koregaon–Elgar Parishad case as well as to the other 500 detenues in Jharkhand who are still at the pre- or post-trial stage?
… A public interest litigation (PIL) filed by the late Father Stan Swamy in 2017 in the Jharkhand High Court may serve as a path in the direction of ending incarceration of the disturbingly large number of those held in custody without a trial.
Read more

Also watch/read:
● Video: Vernon v. State of Maharashtra: A Breakthrough in Bail Jurisprudence under the UAPA? (PUCL India / Aug 2023)
● Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive (Scroll.in / Dec 2021)
● In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence (IndiaSpend / Oct 2021)
● Public interest litigation filed by Stan Swamy and Xavier Soreng in 2017 (CJP / 2017)
● A study of Undertrials in Jharkhand (Sanhati / by Bagaicha Research Team / Feb 2016)

There’s still hope for journalism: Media veterans on press freedom and technology

15/08/2023 Asha

The News Minute / by TMM Staff

While the speakers at the event expressed concerns about the misuse of technology as experienced in the Bhima Koregaon episode, where malware was used to trap activists, their speeches ended on a positive note.
In December 2019, a year and a half after the arrest of 16 activists in the Bhima Koregaon case, the then editor of the Caravan magazine, Vinod Jose, got a copy of the hard disk of the laptop used by Rona Wilson, from where an ‘incriminating’ email that led to the arrests was ‘found’. Vinod, sitting at a seminar on media freedom and technology at the Freedom Fest – a technology-related event organised by the government of Kerala – spoke of the Caravan’s discovery of a malware that was planted in Rona’s hard disk, which could plant or ferret out any information from the laptop, without his knowledge.
Read more

Also read:
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
● Indian activist charged with terrorism was targeted by hackers linked to prominent cyber espionage attacks, new report finds (The Washington Post / Feb 2022)
● Prison-rights activist Rona Wilson’s hard disk contained malware that allowed remote access (The Caravan / March 2020)

Interview: Comprehensive review needed of cases like Bhima Koregaon, says former SC judge

12/08/2023 Asha

Scroll.in / by Smitha Nair

Courts should scrutinise the case of the investigating agency and if it lacks credibility, act against the investigating officer, said Justice Madan B Lokur.
On July 28, the Supreme Court granted bail to activists Vernon Gonsalves and Arun Ferreira, who are among the 16 people arrested in the Elgar-Parishad Bhima Koregaon case in 2018. The Supreme Court’s significant observations include the “weak probative value” of primary evidence in the case and the “mere possession” of literature that inspires or propagates violence not being offences under the draconian Unlawful Activities (Prevention) Act, 1967.
Read more

Also read:
● Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 2023)
● Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant (The Wire / Aug 2023)
● Recovering the Basics: The Supreme Court’s Bail Order in Vernon Gonsalves’ Case (Indian Constitutional Law and Philosophy / Aug 2023)

NIA is allowed yet more time to file reply to plea for furnishing copies of evidence to accused

28/07/2023 Asha

The Leaflet / by Sarah Thanawala

A few accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case have previously argued that their applications for cloned copies under Section 207 of the Code of Criminal Procedure have been pending for more than five years.
On Friday, a National Investigation (NIA) special court of judge Rajesh Kataria allowed the NIA time till August 17 to file a reply to the applications filed by the accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
Read more

Also read:
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / Jul 18, 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

National Campaign to Defend Democracy: 5 years of unjust incarceration under fabricated evidence

24/07/2023 Asha

Counterview / by National Campaign to Defend Democracy

…
The National Campaign to Defend Democracy which is a coalition of over 100 organisations working on human rights issues would like bring to your attention the situation of five years of unjust incarceration under false and fabricated evidence of some of India’s finest intellectuals, thinkers, activists and lawyers.
This injustice which goes by the name of the Bhima Koregaon – Elgar Parishad Conspiracy case – started its nightmarish journey five years ago. Even as of today, 16 noted academics, intellectuals, lawyers, writers, poets, activists, stand charged with conspiring to overthrow the elected government, indulging in terrorist acts, sedition etc., although the evidence the back these tall claims of high treason is still absent.
Read full statement

Also read:
● NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / July 2023)
● Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
● Incriminating evidence planted in computers: The Trojan solved the Bhima Koregaon case! (Anchored Narratives / Jan 2023)
● Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)

Various statements to commemorate Stan Swamy’s death anniversary / Justice for the BK16!

06/07/2023 Asha

Father Stan Swamy Died As A UAPA Martyr; But Political Prisoners Continue To Suffer Without Bail

08/07/2023

Live Law / by Awstika Das

Two years ago, on July 5, Father Stan Swamy died as an undertrial prisoner in the Bhima Koregaon case after 270 days of incarceration. The 84-year-old Jesuit priest and tribal rights activist – arrested over alleged links to Naxals – was the country’s oldest inmate charged under the anti-terror law, the Unlawful Activities (Prevention) Act. “But we still sing in chorus. A caged bird can still sing,” he famously wrote in a letter from jail. But a storied life – of fighting injustice and defending human rights – came to a poor, undignified end, as Swamy battled not only with advanced Parkinson’s disease and coronavirus while awaiting trial, but also the apathy of the State that denied him basic amenities like socks, a sweater, and a blanket to stave off the cold of his jail cell, and a a straw and a sipper to drink water.
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Father Stan Swamy remembered in Bengaluru on second death anniversary

07/07/2023

The indian Express / by Express News Service

Father Frazer Mascarenhas, the former principal of St Xaviers College in Mumbai, in whose care Fr Swamy was in his last days, termed the Jharkhand-based activist as a committed Jesuit and scholar and recalled his activism towards the welfare of the tribal communities.
Father Stan Swamy, the Jesuit priest who died while in judicial custody in connection with Elgaar Parishad case, was remembered on his second death anniversary at an event held in Bengaluru on Wednesday.
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Panel discussion on civic literacy held to commemorate Father Stan Swamy’s second death anniversary

06/07/2023

The Telegraph / by Pheroze L. Vincent

Swamy, an 84-year-old Jesuit activist from Jharkhand, died of post-Covid complications while in judicial custody in Mumbai
The second death anniversary of Father Stan Swamy, who died in custody while awaiting trial in the Elgaar Parishad-Maoist links case, was commemorated with a panel discussion on “Civic Literacy and Political Participation” at the Jawahar Bhawan auditorium in the capital on Wednesday.
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‘Withdraw Bhima Koregaon case’: Activists demand after 2 yrs of Stan Swamy’s death

06/07/2023

The Siasat Daily / by News Desk

84-year-old Jharkhand-based tribal rights activist Father Stan Swamy passed away while in custody for his alleged role in the Bhima Koregaon case.
Shaheed Father Stan Swamy Nyay Morcha, an umbrella organisation of various social outfits in Jharkhand, on Wednesday called for the withdrawal of the Bhima Koregaon case and the immediate release of the arrested.
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Pic shared by Abhinay Lakshman / @al_lakshman

Jharkhand social activists demand action against culprits of Stan Swamy’s death in judicial custody

05/07/2023

Lagatar News / by Raj Kumar

Ranchi, July 5: Shaheed Father Stan Swamy Nyay Morcha today organized a tribute-cum- resolution meeting in front of Raj Bhawan on the occasion of second martyrdom day of the father, whom the NIA had arrested on October 8, 2020 from Ranchi for delivering a hate speech. Later, he died on July 5, 2021 while going for treatment to a Mumbai hospital in judicial custody.
Many social workers and representatives of various organizations and political parties from different districts, including Ranchi participated in it. They demanded action against the culprits of Stan’s death in judicial custody.
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Activists urge Indian president to clear Stan Swamy’s name

06/07/2023

UCA News / by UCA News reporter

Tributes flow on the second death anniversary of the late Jesuit priest, who was falsely charged with terror-related laws
A group of rights activists in India have urged President Droupadi Murmu to withdraw terror-related cases against late Jesuit Father Stan Swamy and 15 other accused in the 2018 Bhima Koregaon violence case.
“It is a false case registered against Father Swamy and others and it should be withdrawn,” said Father Antony P.M, a social activist at a gathering to mark the second death anniversary of the priest, on July 5 in the eastern Jharkhand state. Tributes were paid to the Swamy across the country.
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Bring legislation against custodial torture, activists urge TN government

05/07/2023

The New Indian Express / by By Palanivel Rajan C

“Leaders’ rhetoric against custodial tortures will do no good on the ground, where plausible changes ought to be done in the police stations where the most number of such incidents take place.”
TIRUCHY: On the second death anniversary of tribal rights activist Stan Swamy who died in jail after being arrested in the Bhima Koregaon case and after being consistently denied bail, activists and outfits in the state have called out for an Act called ‘Tamil Nadu Prevention of Custodial Torture Act’.
Read more

Also read/watch:
● Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused (July 5, 2023)

● Remembering Father Stan and demand justice for the BK-16! (July 5, 2023/ PUCL)

en / hindi | 2:49:57 | 2023
Watch recording

Video: Remembering Father Stan and demand justice for the BK-16!

05/07/2023 Asha

Remembering Father Stan and demand justice for the BK-16!

05/07/2023

By People’s Union for Civil Liberties (PUCL) / fb Videos

Announcement
Join us to remember Father Stan Swamy, and demand justice for his institutional murder.
We will have family members and friends of the accused in the Bhima Koregaon case, speak about the experience of the prison conditions and this unjust prolonged arrest.
We will also be joined by political leaders, international human rights organisations and lawyers, to help take the campaign forward to defend democracy!
Repeal UAPA!
Release all political prisoners!

en / hindi | 2:49:57 | 2023
Watch recording

Let’s Not Forget Father Stan Swamy!

08/07/2023

Rediff.com / by Jyoti Punwani

The tributes to Father Stan by his associates and his co-accused (which were read out) provided a clue to why his death continues to touch so many.
“We don’t want this to be forgotten or forgiven.” — senior advocate Mihir Desai.
“Do not forget, do not forgive.” This theme ran through the Zoom meeting organised by the National Campaign to Defend Democracy, a coalition of human rights groups, on the second anniversary of Father Stan Swamy’s death.
Read more

Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy

05/07/2023

People’s Union for Civil Liberties fb Videos / by Ashirvad and PUCL Karnataka

Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy
Fr. Frazer, Dr. V Suresh and Maitreyi

en | 18:19min | 2023
Watch recording Part 1

en | 1:07:37 | 2023
Watch recording Part 2

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

05/07/2023 Asha

In a Letter From Jail, Stan Swamy’s Co-Accused Ask President Murmu to Stand Up for What Is Right

05/07/2023

The Wire / by The Wire Staff

Today is Father Stan Swamy’s second death anniversary.

Two years ago on this day, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy breathed his last while in custody. His death exposed the state’s negligence and inability to protect prisoners. Swamy, a Parkinson’s patient, spent close to a year in jail, deprived of the most basic facilities – one of which was a sipper to drink water from.

On his second death anniversary, 11 of his co-accused (Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Hany Babu, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap) – all human rights activists and academics – write a letter to President of India Draupadi Murmu, who belongs to the tribal community that Swamy worked very closely with. Murmu, who recently spoke passionately about the conditions of Indian prisoners, was the governor of Jharkhand when Swamy’s organisation, Bagaicha, was raided and eventually he was arrested by the National Investigation Agency.
Along with the letter, the still-arrested human rights defenders also announced their one-day symbolic hunger strike in Mumbai’s Taloja and Byculla jails, where they are presently lodged.
The full text of their letter to the president is below.
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Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive

05/07/2023

Scroll.in / by Vernon Gonsalves

A fellow prisoner’s recollections of the Jesuit priest, who died on July 5, 2021.

“…I am ready to pay the price, whatever be it. But we will sing in chorus. A caged bird can still sing.”
– Father Stan Swamy

When Stan Swamy, in his last message before landing in Navi Mumbai’s Taloja Central Prison in October 2020, declared that a “caged bird can still sing”, he was not talking about the tunes prisoners sing in jail. He had then not been imprisoned before that and was probably not acquainted with prison-singing in its various forms.
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On Father Stan Swamy’s second death anniversary, two letters, a painting and the triumph of memory against forgetting

05/07/2023

The Leaflet / by Sarah Thanawala

Father Stan Swamy’s death was an international shock the ripples of which can still be felt, and a blot on the record of a State that treats criminal justice as its plaything. His legacy is treasured by his co-accused in the Bhima-Koregaon case inside the prison, and everyone who stands for justice and democracy outside the prison.
… The 11 incarcerated accused persons in the Elgar Parishad case are set to go on a day-long hunger strike today. They pen an imaginary letter from Swamy to the President of India Droupadi Murmu, terming it “Prayers that never came to be”.
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“Hopefully waiting” writes Shoma Sen from prison

07/07/2023

InSAF India / by Shoma Sen

This handwritten note by Shoma Sen marks five years in prison for the activist and academic.
As we enter the sixth year of our incarceration the predominant feeling over the last five years is that of waiting. From waiting for default bail in the seventh month of our imprisonment, most of us are still waiting. In jail, we sit there waiting for court dates, waiting for mulakaat, waiting for the newspaper, waiting for bail and for the jail God called Memo. In jail, our sense of time itself gets warped. When a lawyer tells a prisoner that she will get bail in one or two days, it may actually mean one or two years. 24 hours of clock time could mean 24 months in judicial time.
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