BK16 – Page 12 – free them all

PUCL: Five Years of Bhima Koregaon – Release Them All (video)

23/06/2023 Asha

hindi/en | 1h 55min | 2023

By People’s Union for Civil Liberties (PUCL)

Friends,
Join us in remembering the 16 human rights activists who are still charged in the Bhima Koregaon case – many of whom have now spent more than 5 years in jail!

Let us remember
– the quiet dignity of Fr Stan Swamy, even as he lost his life in jail, incarcerated under false charges;
– the mounting injustice of Surendra Gadling, Shoma Sen, Sudhir Dhawale, Rona Wilson, Mahesh Raut, Arun Ferreira and Vernon Gonsalves spending 5 years in jail,
– the trials and tribulations of the young Jyoti Jagtap, Ramesh Gaichor and Sagar Gorkhe of KKM, and Prof Hany Babu, arrested later
– and Sudha Bharadwaj, Varvara Rao, Anand Teltumbde and Gautam Navlakha, who are on bail, but still not free

Watch recording @ PUCL fb

Who are the acclaimed ‘BK-16’? / HRDs and families await justice, five years down

22/06/2023 Asha

HRDs and families await justice, five years down

22/06/2023

cjp / by Sabah Maharaj

Faulty investigation and severe loopholes in investigation, surrounds the controversial BK-16 case. International outcry has not helped move the trial five years down even while the targeted languish, families await the return of their loved ones
In June 2021, European Union parliamentarians, Nobel Laureates, renowned academics, and internationally known figures wrote a letter to the Prime Minister of India, Narendra Modi, the then Chief Justice of India as well as the Chief Minister of Maharashtra, and other authorities in India, demanding to the release of political prisoners arrested with relation to the Elgar Parishad and Bhima Koregaon incident.
Amidst contested accusations of an anti-India conspiracy, militancy, and violence, five long years have passed since the BK-16 have been imprisoned without trial.
Read more

Who are the acclaimed ‘BK-16’?

22/06/2023

cjp / by CJP Team

Five years have passed, and human rights defenders (HRDs) and their families continue to await justice.

Surendra Gadling
Status: Detained without trial
Charges:Unlawful Activities Prevention Act (UAPA) since June 2018
Location: Taloja Central Prison, Mumbai
Gadling is a human rights lawyer and a Dalit activist. Over time, Gadling established himself as a keen advocate and a key figure in cases related to extrajudicial killings, police misconduct, false accusations, and injustices against Dalits and Adivasis in the region…
Read more

Also read:
● Five years behind bars for five activists – Without bail, without charges being framed, without justice! – Various statements

The Bhima Koregaon 16 Must Not Be Forgotten

11/06/2023 Asha

National Herald / by Aakar Patel

Independent agencies find evidence was planted. Yet the 16 accused remain in jail, denied basic health needs, denied bail to honour dead family members one last time
This month marks five years since the first arrests in the Bhima Koregaon case.
A total of 16 people were arrested in the case, including Father Stan Swamy, who died in custody. Most of them remain in jail. None has been convicted in the case, none has been connected with violence in the place for which the matter is named.
Read more

Also read:
● Five years behind bars for five activists – Without bail, without charges being framed, without justice! (Peoples Union for Democratic Rights (PUDR) / June 6, 2023)
● Five Years Since The First Arrests In Bhima-Koregaon Case (Coordination of Democratic Rights Organisation (CDRO) / June 6, 2023)
● Release activists incarcerated in Bhima Koregaon Case (Campaign Against State Repression / June 7, 2023)

Thread by Amnesty India / @AIIndia (June 6, 2023):
In a series of arrests, 16 activists were imprisoned simply because they spoke up for the rights of the most marginalized in the country. Today, 5 years have passed since the first round of arrests of activists in the Bhima Koregaon case.

There is room for Fascism in Democracy: Siddique Kappan

07/05/2023 Asha

Countercurrents.org / by Rejaz M Sydeek

Siddique Kappan, a 43-year-old Malayali journalist and Delhi unit secretary of the Kerala Union of Working Journalists was arrested near Mathura toll plaza on October 5th, 2020, with student activists Atikur Rahman and Masood Ahmad, and the cab’s driver, Mohammad Alam. He was en route to Hathras to report on the gang rape and murder of a Dalit girl (the Hathras case) by four upper-caste Thakur men in Hathras, Uttar Pradesh. Kappan was charged under various sections, including the UA(P)A and PMLA. He was released on bail on February 2nd, 2023, after spending 851 days in jail.
…
This is the transcript of the interview. It has been lightly edited for syntax and clarity.
…
Rejaz: Even in your case, they tried to link you with the Bhima Koregaon case and frame you as a Maoist. How do you see using the Maoist tag as a weapon to incarcerate human rights activists and journalists like Rupesh Kumar Singh?

Kappan: This is prevalent in every era, especially in the contemporary world, where journalists are framed as terrorists. Framing me as a Maoist was part of that. There is always an attempt to frame those who speak for Adivasis, Dalits, and Muslims and against the oppressors of the oppressed as Maoists.
Read more

Azim Premji University students stand in solidarity with Dalit activists arrested under UAPA

18/04/2023 Asha

News Trail / by NT Correspondent

Students demand justice for 16 Dalit activists who have been behind bars for three years without official charges under the UAPA
In a powerful display of solidarity and support, over 50 students from Azim Premji University in Bengaluru gathered on Monday to demand the release of 16 Dalit activists who were arrested in 2018 under the Unlawful Activities Prevention Act (UAPA).
These activists, who were advocates for marginalised groups, were accused of inciting violence during a celebration in Bhima Koregaon. Despite no official charges being brought up against them three years later, they remain behind bars.
Read more

Also read/watch:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report
● Video: Sudha Bharadwaj talks about “Fighting in the Courts and on the Streets: The Situation of Precarious Workers” (Azim Premji University Colloquium / 2016)

Release Gautam Navlakha Immediately! Release all political prisoners. / BK16 Solidarity

14/04/2023 Asha

By Peoples Union for Democratic Rights (PUDR)

Today, 14 April 2023 marks four years, seven months and eighteen days since Gautam Navlakha’s arrest on 28 August 2018. A well-known human rights activist, respected journalist and writer of long standing, Gautam has now been incarcerated for three years since 14 April 2020 when he surrendered at the NIA office in Delhi.
Read more

Also read:
● Protest the Arrests of Gautam Navlakha and Anand Teltumbde: Demand release of the 11 arrested in the Bhima Koregaon case (PUDR / April 2020)
● Protest and Solidarity Statements on the arrests of Anand Teltumbde and Gautam Navlakha (free-them-all.net / April 2020)

Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with Economic & Political Weekly, the NewsClick newsportal and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

#BK16: Solidarity in New York, Berlin and Amsterdam

14/04/2023

By IndienKoGruppe / @IndienKoGruppe (April 14):

Freedom for political prisoners in India. “Dissent is the safety valve of democracy” (Supreme Court of India) Solidarity from New York, #FreeBK16

#BK16 solidarity from Berlin Freedom for political prisoners in India. Dissent is no crime, it is “the safety valve of democracy”

Ambedkar Jayanthi in Amsterdam, in solidarity with Bhima Koregaon activists in jail. #FreeBK16

Petition by Amnesty International: Act now to demand the release of the BK16!

Since 2018, Indian authorities have arrested 16 activists under a draconian anti-terror law Unlawful Activities (Prevention) Act (UAPA) in connection with the Bhima Koregaon-Elgar Parishad case. 11 of them continue to languish in prison without trial. The repression of activists must end.
…
INDIAN AUTHORITIES MUST RELEASE ALL IMPRISONED ACTIVISTS IN THE BK16 CASE!
Act now to urge the Union Home Minister of India, Amit Shah to:
– Drop all charges against the 16 activists and immediately release the 12 who remain in detention
– Pending their release, ensure that they are granted prompt, regular, and unrestricted access to medical care and other basic necessities
– Repeal or substantially amend the draconian Unlawful Activities (Prevention) Act.

When Push Comes to Shove: Tracking Judicial Recusals and Transfers

04/04/2023 Asha

The Wire / by Sukanya Shantha

Taking stock of some cases important for the right to life and liberty and freedom of expression where judges left mid-way.
… The Elgar Parishad case against 16 human rights defenders has gone through several twists and turns over the past five years. Both the state and the Central agency’s role, the subsequent investigations and the electronic evidence allegedly gathered from the accused have faced severe criticism. Even five years later, the trial is yet to commence and those imprisoned have been moving bail applications at different levels. In some of these matters, a number of judges from the Bombay high court and the Supreme Court have recused themselves.
Read more

Also Read:
● Justice Revati Mohite Dere of Bombay HC recuses from hearing bail plea of Mahesh Raut, others (India Legal / March 2023)

US government report flags ‘significant human rights issues’ in India

21/03/2023 Asha

US government report flags ‘significant human rights issues’ in India

22/03/2023

Scroll.in / by Scroll Staff

The report was released nearly a year after US Secretary of State Antony Blinken expressed concern about the ‘rise in human rights abuses’ in India.
An annual report released by the United States government on Monday flagged “significant human rights issues” in India, including extra-judicial killings, torture and arbitrary arrests.
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Country Reports on Human Rights Practices for 2022

20/03/2023

By United States Department of State Bureau of Democracy, Human Rights and Labor

…
Arbitrary Arrest: The law prohibits arbitrary arrest or detention, however, police reportedly continued to arrest persons arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants…
Multiple courts denied bail to the majority of the 16 activists incarcerated on conspiracy charges related to the Elgaar Parishad Bhima Koregaon protests that Page 10 resulted in several deaths. The accused claimed the charges were politically motivated. In 2021, human rights activist and Jesuit priest Father Stan Swamy, age 84, died in a private hospital after contracting COVID-19 in prison and after being denied bail on medical grounds by an NIA special court. On August 10, the Supreme Court granted bail on medical grounds to Varvara Rao, age 82, a poet and human rights activist, and directed that he should not leave Mumbai without the court’s permission. On November 26, the Supreme Court affirmed the Bombay High Court’s order to release Anand Teltumbde, age 73, on bail on the condition that he remain within the Mumbai jurisdiction until the trial concludes. Additionally, activist Sudha Bharadwaj was released on bail in December 2021.
Read full report

Civic Freedoms in India ‘Repressed’: Global Monitor Civicus

17/03/2023 Asha

The Wire / by The Wire Staff

The section on India talks about the use of draconian laws like the UAPA and the use of the FCRA to target NGOs who do not toe the government’s line.
Civicus, a global civil society alliance, has kept India’s status as ‘repressed’ when it comes to civic freedoms in its new report, People Power Under Attack 2022. In 2018, India’s civic freedoms had been categorised as ‘obstructed’ – but it was downgraded to ‘repressed’ in 2019 has stayed in that zone ever since.
The section on India talks about the use of draconian laws like the UAPA and the use of the FCRA to target NGOs who do not toe the government’s line:
“In India, anti-terror laws such as the repressive Unlawful Activities (Prevention) Act have been systematically used by the government of Prime Minister Narendra Modi to keep student activists and HRDs – such as people the state alleges to have instigated violence in the village of Bhima Koregaon in 2018 – in detention.
Read more
Read full report „People Power Under Attack 2022“

Bhima Koregaon Case: An Analysis Of The Legal Framework, Evidence, And Implication for Civil Liberties

12/03/2023 Asha

Journal of Legal Research and Juridical Sciences / by Olivia Hati, Yuvraj Singh

ABSTRACT
The Bhima Koregaon case refers to the arrests of several human rights activists and lawyers in India in 2018 for their alleged involvement in inciting violence during the Bhima Koregaon incident 2018. The Bhima Koregaon incident was a violent clash between Dalits (a historically marginalized community in India) and upper-caste groups in Maharashtra. The activists were accused of having links with Maoist organizations and were charged under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA), which allows for prolonged detention without bail and has been criticized for its potential for misuse. The case has been controversial, with many civil society groups and human rights organizations alleging that the arrests were politically motivated and an attempt to silence dissenting voices. The case has also drawn international attention, with several UN experts expressing concern about the treatment of the activists and the potential for human rights violations in the case.
Read more