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7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence

7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence

Poster by @/bakeryprasad

Live Law / by Manu Sebastian

The Bhima Koregaon case, in which several activists and academicians have been incarcerated under the draconian Unlawful Activities(Prevention) Act 1967 over alleged Maoist links, raises a big question mark on India’s civil liberties framework. The fact that the trial has not yet commenced for nearly six years makes one question the seriousness of the allegations concerning national security. Moreover, the doubts about the sustainability of the allegations are fortified by the repeated observations made by the Bombay High Court and the Supreme Court in the judgments granting bail to some of the accused.
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Video by InSAF India / @IndInsaf (May 23, 2024)


Why has Adivasi land rights scholar-activist Mahesh Raut not been released yet from prison even though he was given bail in 2023?
en | 1:35 | 2024
Watch video


Also read:
The process continues to clot as punishment as another year passes by (The Leaflet / Jan 2024)
Recovering the Basics: The Supreme Court’s Bail Order in Vernon Gonsalves’ Case (Constitutional Law and Philosophy / July 2023)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

Draconian Laws Promoting Authoritarian Rule Should Be Repealed

Draconian Laws Promoting Authoritarian Rule Should Be Repealed

Poster campaign by PUDR || PUDR welcomes bail to civil rights activist Gautam Navlakha (pudr.org / May 15, 2024)

Draconian Laws Promoting Authoritarian Rule Should Be Repealed

19/05/2024

Peoples Democracy / by G Ramakrishnan CPI(M)

… After BJP came to power in 2014, the situation in our country has gone from bad to worse. The situation now is akin to an undeclared emergency. The last ten years of the Modi government have seen unprecedented attack on democracy and democratic rights. The lawless laws, Unlawful Activities Prevention Act (UAPA), National Security Act (NSA), Prevention of Money Laundering Act (PMLA) and the central Agencies like the Enforcement Directorate (ED), CBI and Income Tax department have been used to target the leaders of the opposition parties and those who criticise and oppose the policies of the Modi government at the centre.
Read more


Also read:
▪ Five years behind bars for five activists (PUDR / June 2023)
CASR: Release activists incarcerated in Bhima Koregaon Case (Countercurrents / June 2023)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report


Video: Who are the accused, how many are still in jail / Cases and Charges against the BK16

Video: Who are the accused, how many are still in jail / Cases and Charges against the BK16

By The Print @ youtube


en | 7:23min | 2024
Granting bail to Gautam Navlakha in the Bhima Koregaon violence case, the Supreme Court on Tuesday noted that the trial in the case was not likely to conclude any time soon. What was this case about, how many people have been arrested and how many are out on bail? Apoorva Mandhani tells you in this video.
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The cases and charges against the Bhima Koregaon 16 | Explained

18/05/2024

The Hindu / by Saumya Kalia

An update on the legal status of the 16 activists, lawyers, scholars and artists arrested in the Elgar Parishad-Bhima Koregaon case in 2018.
On March 16, human rights activist Gautam Navlakha penned a letter, piecing together words of lament and surrendering to imminent arrest. Mr. Navlakha, is among the 16 human rights defenders who were arrested without trial in 2018 under the Unlawful Activities (Prevention) Act, 1967, for their alleged role in instigating caste violence at Bhima Koregaon.
Read more


Bhima Koregaon case timeline

14/05/2024

Hindustan Times / by HT Correspondent

The case relates to alleged provocations at a conference that allegedly triggered unrest near the Koregaon-Bhima war memorial in Pune
The Supreme Court on Tuesday granted bail to civil rights activist Gautam Navlakha in the 2018 Bhima Koregaon violence case, saying it might take several years for the trial to conclude considering the number of witnesses and other pertinent factors. Navlakha was arrested for allegedly making provocative remarks in December 2017 at an Elgar Parishad conference a day before violence near the Koregaon-Bhima war memorial.
A timeline of the case:
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SC grants bail to Gautam Navlakha: All about the Bhima Koregaon violence case, other accused

14/05/2024

The Indian Express / by Express Web Service

Navlakha was placed under house arrest in Navi Mumbai subject to strict conditions following a Supreme Court order in November 2022, after he pleaded poor health

Timeline
Gautam Navlakha was arrested on April 14, 2020, over his alleged involvement in the violence that erupted in Bhima Koregaon village in Pune district on January 1, 2018. Sixteen activists have been arrested in the case — nine by Pune Police in 2018, and another seven by the NIA after it took over the investigation in January 2020 — and eight of them are currently out on bail.
Read more


Also read:
Bhima Koregaon: The process continues to clot as punishment as another year passes by (The Leaflet / Jan 2024)
Truth and dare in Bhima Koregaon (The Leaflet / Oct 2023)

PUDR welcomes bail to civil rights activist Gautam Navlakha / NAJ, DUJ, APWJF Welcome Bail

PUDR welcomes bail to civil rights activist Gautam Navlakha / NAJ, DUJ, APWJF Welcome Bail

PUDR welcomes bail to civil rights activist Gautam Navlakha

15/05/2024

pudr.org / by Peoples Union for Democratic Rights (PUDR)

In the Bhima Koregaon case, with relief PUDR welcomes the Supreme Court order upholding regular bail for Gautam Navlakha, a well-known civil rights activist, author and journalist. The Bombay High Court had granted Navlakha bail on December 19, 2023, but the Court also stayed his release and gave three weeks to the NIA to appeal in the Supreme Court. The Supreme Court had extended the stay. On May 14, 2024, the Supreme Court ended the stay on bail, stating that Gautam Navlakha has spent over four years in custody, the charges are yet to be framed, and the trial would take several years to complete.
Read full statement


NAJ, DUJ, APWJF Welcome Bail to Journalists

15/05/2024

Sabrangindia / by Sabrangindia

Three journalists’ unions have welcomed the bail given to journalists Prabir Purkayastha, Gautam Navlakha and Asif Sultan in three different UAPA cases. The National Alliance of Journalists (NAJ), the Delhi Union of Journalists (DUJ) and the Andhra Pradesh Working Journalists Federation (APWJF) in a joint statement hailing the bail orders warned against malicious prosecution and re-arrest of these journalists.
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Video | Modi’s India a modern Indian fascism: Alpa Shah / Book excerpt: The Incarcerations

Video | Modi’s India a modern Indian fascism: Alpa Shah / Book excerpt: The Incarcerations

Modi’s India a modern Indian fascism: Alpa Shah, Professor of Social Anthropology

19/04/2024

The Wire / by Karan Thapar


en | 44:51 | 2024
One of British academias most highly regarded anthropologists has said “we need to call Modi’s India a modern Indian fascism”. Alpa Shah says: “Indian fascism may not be of the classic kind, whatever that is, but it’s fascism nevertheless.”
In a 40-minute interview to Karan Thapar for The Wire, to mark the launch of her book, ‘The Incarcerations: Bhima Koregaon and the Search for Democracy in India’, Alpa Shah, who is presently Professor of Anthropology at the London School of Economics but has just been announced as the new Professor of Social Anthropology at Oxford University and a fellow of All Souls College, identified seven key characteristics of fascism each of which, it seems, applies almost fully to India under Narendra Modi. She, therefore, argues that terms like “majoritarianism or ethnic democracy or cultural nationalism” do not “convey the gravity of threat to democracy under way in India”.
Watch video


The Incarcerations: Bhima Koregaon And The Search For Democracy In India by Alpa Shah

19/04/2024

Article14 / by Alpa Shah

… In The Incarcerations, professor of social anthropology at the London School of Economics Alpa Shah now tells the chilling story of the Bhima-Koregaon case that transformed the 16 human rights defenders who were professors, lawyers, journalists and poets into alleged Maoist terrorists accused of waging a war against the Indian state and plotting to kill prime minister Narendra Modi.

Book excerpt
Only when the streets in Mumbai were deserted because of the Dalit protestors, did the conflict over the Bhima Koregaon British war memorial make it into international news, at The Guardian. In fact, the Indian broadsheets and mainstream TV mainly covered the events only when there was disruption in Mumbai, and then the focus of reporting was on mobs holding the city to ransom, not the casteist violence in Koregaon that they were protesting.
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A new book recounts how 16 activists were imprisoned as terrorists, without trial

27/03/2024

Scroll.in / by Alpa Shah

An excerpt from ‘The Incarcerations: Bhima Koregaon and the Search for Democracy in India’
Amnesty International India and Oxfam India released a joint response the day Sudha Bharadwaj, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves and Varavara Rao were arrested. “The nationwide crackdown on activists, advocates and human rights defenders is disturbing and threatens core human rights values.”
Read more

Space for Civil Society Groups, Fundamental Freedoms Shrank Further in Modi’s Second Term

Space for Civil Society Groups, Fundamental Freedoms Shrank Further in Modi’s Second Term

NewsClick / by Newsclick Report

The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in India as “Repressed”.
… On human rights defenders, the report pointed how those critical of the government were implicated and jailed in “politically motivated cases under the Unlawful Activities Prevention Act (UAPA), a draconian anti-terror law,”such as 16 activists in the Bhima Koregaon case, former JNU student Umar Khalid, student activist Gulfisha Fatima and several activists in Kashmir, such as Khurram Parvez, award-winning photojournalist Masrat Zahra, journalist Peerzada Ashiq among others,
Read more
Read full report: India – Fundamental Freedoms Deteriorate Further in Modi’s Second Term


Also read:
India: Weaponizing Counterterrorism: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty International / Sep 2023)
The Uses (and Abuses) of Investigative Agencies (The Wire / Nov 2022)
India | Civicus Monitor Watchlist – Overview Of Recent Restrictions To Civic Freedoms (March 2022)
AUTHORITIES HARASS AND SQUEEZE FUNDING OF NGOS WHILE ACTIVISTS, JOURNALISTS TARGETED IN INDIA (CIVICUS / Feb 2022)
Maharashtra is adding activists to a secret list of the enemies of state (Newslaundry / July 2021)
How Governments Avoid Due Process by Declaring Groups as ‘Front Organisations’ of Banned Entities (The Wire / Sep 2020)

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

Stay on bail for long period affects personal liberty and rights, feel experts / Status of the accused in BK case

Poster by #bakeryprasad

Stay on bail for long period affects personal liberty and rights, feel experts

09/04/2024

The Indian Express / by Sadaf Modak

Elgaar Parishad case accused Mahesh Raut and Gautam Navlakha remain in jail for over four months since grant of bail by the Bombay High Court.
The Supreme Court on Friday granted bail to activist and Nagpur University professor Shoma Sen, arrested six years ago in the Elgaar Parishad case. Two of her co-accused Mahesh Raut and Gautam Navlakha who were granted bail six and four months ago, respectively, by the Bombay High Court, continue to remain in jail awaiting their bail hearings in the SC which has stayed their release till it hears appeals against their bail.
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By @apeksha_9 (April 5):
Revolutionary Salutes to Prof. Shoma Sen! Free All the Activists wrongfully incarcerated in the Bhima Koregaon case. Repeal UAPA.

As Shoma Sen gets bail, what is the status of other accused in Elgaar Parishad case?

05/04/2024

The Indian Express / by Sadaf Modak, Omkar Gokhale

Eight accused, including prominent activists, lawyers, and academics, have now been given bail. Two of them are yet to be released from custody. The case dates back to the beginning of 2018, but the trial is yet to commence
… Among the 16 individuals arrested in the case, one – Father Stan Swamy, an 84-year-old-priest and tribal rights activist based in Jharkhand – passed away in custody in July 2021.
Before Sen, seven other accused have been given bail. Two of these eight accused, however, are yet to be released from custody because the NIA has appealed the High Court’s bail orders in the SC.
Read more


Thread by BehanBox / @BehanBox (Apr 5):

(1/5) Today the Supreme Court granted bail to women’s rights activist #ShomaSen, accused under the Unlawful Activities (Prevention) Act, in the #BhimaKoregaon violence case. #bhimakoregaon

(5/5) 8 of the activists, namely Jyoti Jagtap, Sagar Gorkhe, Ramesh Gaichor, Mahesh Raut, Surendra Gadling, Sudhir Dhawale, Rona Wilson and Hany Babu, continue to languish in prison without trial.


Bhima Koregaon: The process continues to clot as punishment as another year passes by

01/01/2024

The Leaflet / Arif Ayaz Parrey, Sarah Thanawala

Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused.
Read more


Also read:
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)

PUDR: Uphold Shoma Sen’s Bail Order – Release all Bhima Koregaon detainees!

PUDR: Uphold Shoma Sen’s Bail Order – Release all Bhima Koregaon detainees!

PUDR poster campaign, 2023.

pudr.org / by PUDR

PUDR expresses relief at the Supreme Court’s granting of bail to Prof. Shoma Sen on April 5, after nearly six long years of pre-trial incarceration. Charged under the Unlawful Activities (Prevention) Act in the infamous Bhima Koregaon (BK) conspiracy case, Shoma Sen is the fourth accused to be released on ‘bail on merits’ by the Supreme Court, after Anand Teltumbde, Vernon Gonsalves, and Arun Ferreira.
Read full statement


Also read:
PUDR welcomes the release on bail of Vernon Gonsalves and Arun Ferreira today, but protests onerous bail conditions (PUDR / Aug 2023)
Five years behind bars for five activists – Without bail, without charges being framed, without justice! (PUDR / June 2023)
Stop Denying Political Prisoners the Right to Healthcare in Jails (PUDR / Sep 2022)

Top Global Academics Flay Recent Pattern in India of Jailing Critics Without Trial

Top Global Academics Flay Recent Pattern in India of Jailing Critics Without Trial

Campaign poster, 2020

The Wire / by The Wire Staff

Nobel laureate Amartya Sen has voiced his support for the statement – among whose authors is Amitav Ghosh – saying such imprisonment without trial was “certainly among the worst injustices that the country has made into a regular arrangement”.
Sixteen prominent academics released a statement expressing concern over the prolonged detention without trial of writers, journalists and activists who were critical of the Union government.
Read more / read the full text of the two statements

New Book on Bhima Koregaon Case Tells Uncomfortable Truths, But Brings Hope / Book launch

New Book on Bhima Koregaon Case Tells Uncomfortable Truths, But Brings Hope / Book launch

New Book on Bhima Koregaon Case Tells Uncomfortable Truths, But Brings Hope

31/04/2024

The Quint / by Mekhala Saran

Alpa Shah’s book, ‘The Incarcerations’, is alive with stories of fearlessness, but also of the cost it extracts.

“Well, I am off to NIA custody and do not know when I shall be able to talk to you again. However, I earnestly hope that you will speak out before your turn comes.”

– Anand Teltumbde, on the eve of his incarceration in April 2020

Alpa Shah’s book on the Bhima Koregaon incarcerations is not an easy read. When I first decided to review the book – before laying my hands on it – I thought it would not take me longer than a week.
Read more


A new book recounts how 16 activists were imprisoned as terrorists, without trial

27/03/2024

Scroll.in / by Alpa Shah

An excerpt from ‘The Incarcerations: Bhima Koregaon and the Search for Democracy in India’
Amnesty International India and Oxfam India released a joint response the day Sudha Bharadwaj, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves and Varavara Rao were arrested. “The nationwide crackdown on activists, advocates and human rights defenders is disturbing and threatens core human rights values.”
Read more


by Shireen Azam / @shireenazam (March 26:)
A full full house at @LSEpublicevents for the book release of (Bhima Koregaon) Incarcerations by @alpashah001


Video| Book launch/discussion: The Incarcerations: BK-16 and the search for democracy in India

26/03/2024

Hosted by the International Inequalities Institute, LSE Human Rights, Department of Anthropology and Atlantic Fellows for Social and Economic Equity

IN-PERSON AND ONLINE PUBLIC EVENT

Speakers:
Professor Alpa Shah.
Discussants: Professor Christophe Jaffrelot, Professor Tarun Khaitan and Priyanka Kotamraju
Chair: Professor Deborah James

Join us to launch and discuss Alpa Shah’s new book, The Incarcerations: BK-16 and the search for democracy in India.
As general elections fast approach in the world’s largest democracy, this event asks what democracy today must urgently ensure for our common future. In her latest book, Alpa Shah pulls back the curtain on Indian democracy to tell the remarkable and chilling story of the Bhima Koregaon case, in which 16 human rights defenders (the BK-16) – professors, lawyers, artists – have been imprisoned, without credible evidence and without trial, as Maoist terrorists.
Read more

Watch on LSE’s YouTube channel.


Interview | Alpa Shah: India is not a safe place any more

23/03/2024

The News Statesman / by  Gavin Jacobson

Narendra Modi’s Hindu supremacism is capturing major state institutions while repressing minority groups and political activists.
… Shah exposes how the state engaged in a prolonged act of cyberwar against the so-called “BK-16”, hacking their emails and implanting incriminating evidence on their computers in order to prosecute them. It is the best book I’ve read about the full-scale assault on democracy in India, and with the general elections scheduled to conclude in June, it’s essential reading for an understanding of what is happening to the country right now.
On 18 March I met Shah at her office at the London School of Economics.

Gavin Jacobson: When did you decide to write a book about the BK-16?
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Hackers-for-Hire, Govt’s Media Control: Seven Takeaways From Studying the Arrests of the BK-16

15/03/2024

The Wire / by Alpa Shah

“…the evidence used to incarcerate the BK-16 was likely to have been implanted remotely through a hacker-for-hire mercenary gang infrastructure that has clients all over the world, but whose epicentre is in India.”
Excerpted with permission from Alpa Shah’s The Incarcerations: Bhima Koregaon and the Search for Democracy in India, HarperCollins 2024.
Read more


Hacker-for-hire gang with links to Pune police planted emails on the computers of Bhima Koregaon accused: new book

14/03/2024

The Hindu / by Vijaita Singh

The mercenary hacker gang, headquartered in India, remotely implanted evidence, according to LSE professor’s book; cites cybersecurity researchers to claim gang’s connection to a Pune police officer
The alleged evidence used to incarcerate 16 people in the Bhima Koregaon case was “likely to have been implanted remotely through a hacker-for-hire mercenary gang infrastructure that has clients all over the world, but whose epicentre is in India,” according to claims made in a new book.
Read more


The arrests putting Narendra Modi’s ‘fascist’ India on trial

14/03/2024

The Telegraph / by Andrew Whitehead

Stan Swamy, a Jesuit priest, died in custody in India in July 2021. He was 84. He had spent nine months in detention and had been repeatedly denied bail; yet he had not been convicted of any offence.
… Alpa Shah, an anthropology professor at the London School of Economics, argues in The Incarcerations that the arrest of Swamy and 15 others – lawyers, academics, poets, activists – in what has become known as the “BK case” reveals India’s authoritarian creep.
Read more


Also read:
Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)
Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)