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Why UAPA is a threat to media freedom in India

Why UAPA is a threat to media freedom in India

By Free Speech Collective

NewsClick and patterns of repression: The tiredness of being a journalist

07/10/2023

Newslaundry / by Jayashree Arunachalam

For a particular kind of journalist, life is supposed to play out in sanctimonious technicolour, just like The Newsroom. Speaking truth to power, telling the stories that matter, separating fact from fiction, holding people accountable. Did you annoy a government or local bigwig in the process? No problem! That’s par for the course in the quest for truth. It’s a badge of pride, almost, because you must be doing something right.
… Think back on arrests that made headlines over the past three years. Siddique Kappan travelled to Hathras when he was arrested. Mohammed Zubair referenced a movie trope. Disha Ravi edited a Google Doc. In the Bhima Koregaon case, an extraordinary example of police audacity, the police produced outlandish letters as “proof”, even as the police themselves were accused of planting evidence.
Read more


Why UAPA is a threat to media freedom in India

06/10/2023

Frontline / by Venkatesan V

The Unlawful Activities (Prevention) Act serves as a powerful tool for the state to stifle media dissent and intimidate truth-seeking journalists.
The arrest of the NewsClick founder and Editor-in-Chief, Prabir Purkayastha and its Human Resources head, Amit Chakraborty under the UAPA has brought into focus the gross abuse of the Act by those in power to curb dissent. The First Information Report (FIR) names Purkayastha, the activist Gautam Navlakha (who is under house arrest in the Bhima Koregaon case) and the U.S. businessman Neville Roy Singham.
Read more


Also read:
FIR Given Only Yesterday, Allegations Untenable and Bogus: Newsclick (newsclick.in | by Newsclick Team | Oct 6, 2023)
Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)
In India, 16 journalists under UAPA ; seven behind bars (Freespeechcollective.in / Oct 5, 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Civic Freedoms in India ‘Repressed’: Global Monitor Civicus (The Wire / March 2023)


Gautam Navlakha

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 NewsClick, Economic & Political Weekly and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

Gautam Navlakha, farm stir, Kashmir map: in Delhi cops’ application for Newsclick founder custody

Gautam Navlakha, farm stir, Kashmir map: in Delhi cops’ application for Newsclick founder custody

Police FIR draws on ED claims, links NewsClick to Navlakha-Maoist case

05/10/2023

The Indian Express / by Mahender Singh Manral, Jignasa Sinha, Nirbhay Thakur

Portal rejects China link; Purkayastha, Chakraborty in 7-day police custody
A day after it invoked the stringent Unlawful Activities (Prevention) Act to arrest Prabir Purkayastha, founder and editor-in-chief of news portal NewsClick, and Amit Chakraborty, the portal’s administrative officer, the Special Cell of Delhi Police obtained their custody Wednesday for 7 days in connection with its probe into alleged routing of funds to the portal and Purkayastha’s “friendship since 1991” with rights activist Gautam Navlakha who is under house arrest in the Elgar Parishad-Maoist link case.
Read more


Gautam Navlakha, farm stir, Kashmir map: in Delhi cops’ application for Newsclick founder custody

04/10/2023

newslaudry / by Prateek Goyal

NewsClick’s founder Prabir Purkayastha and its HR head Amit Chakravarty have been sent to seven-day police custody following their arrest in a UAPA case against the organisation. However, the Delhi Police Special Cell had initially sought 15-day police custody for the two, alleging that there was electronic evidence suggesting a “conspiracy” against the sovereignty of India.
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This Is the Biggest Crackdown on the Indian Press by the Indian State

04/10/2023

The Wire / by Ajoy Ashirwad Mahaprashasta

And yet, none of the drastic actions taken by the police made much sense.
October 3, 2023 will go down in history for the biggest crackdown on Indian journalism by the Indian state. Homes of 46 journalists, including nine women, who are said to be directly and indirectly associated with the news portal NewsClick were raided by the Delhi police’s special cell that usually probes cases of terrorism in the wee hours of Tuesday.
… We still don’t know the specific charges slapped against the news portal, but some television channels, known for pro-government coverage, claimed that the portal had routed some of the Chinese funds to human rights activists Gautam Navlakha and Teesta Setalvad, who are already under the government’s scanner.
Read more


‘Set narrative on CAA stir, Bhima Koregaon using Chinese funds’ — Delhi Police’s case against NewsClick

04/10/2023

The Print / by Bismee Taskin

Delhi Police have accused news portal of ‘receiving Chinese funds routed via US’ & publishing reports ‘with set narrative about protests & violence to tarnish India’s image’, it is learnt.
NewsClick used funds received illegally from China to set and propagate through its coverage a narrative about protests and violence across the country like the farmers’ agitation, the Citizenship Amendment Act protests, and the Bhima Koregaon violence — this is what the Delhi Police has alleged in its case lodged 17 August under the Unlawful Activities (Prevention) Act, ThePrint has learnt.
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18 Media Organisations Write to CJI; Call for Steps to end Repressive Use of Probe Agencies Against Scribes

04/10/2023

NewsClick / by Newsclick Report

Citing the raids on Newsclick, seizure of devices without following due processes and slapping of UAPA, the letter calls for framing of interrogation norms to prevent intimidation of the media.
A coalition of 18 media organisations across states has written a letter to Chief Justice of India (CJI) Y V Chandrachud seeking the judiciary’s intervention to ensure that the freedoms enshrined in the Constitution are protected so that journalists can carry out their duty without ‘threat of reprisal’.
Read the full text of the letter


Poster by #bakeryprasad

NewsClick raids: Indian law has few safeguards when electronic devices are seized

03/10/2023

Scroll.in / by Abhik Deb

In an earlier case, forensics experts have said that documents cited as evidence had been planted on their devices.
As the Delhi Police raided the homes of several journalists on Tuesday in connection with an investigation into the funding of news website Newsclick, it confiscated electronic devices such as mobile phones, laptops and hard drives.

Fabrication of evidence in Bhima Koregaon case
However, even more serious allegations were raised with the Bhima Koregaon case in which several activists and writers were charged with making inflammatory speeches at a conclave in Pune in December 2017.
Read more


Also read:
Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)

● Statement by Newsclick on Oct 3 Raids by Special Cell of Delhi Police (By Newsclick Team / Oct 4, 2023)


We have not been provided FIR copy, or informed about the exact particulars of the alleged offences. Electronic devices have been seized from Newsclick premises and homes of employees without any adherence to due process.
Yesterday, on 3rd October, 2023, raids were carried out by the Special Cell of the Delhi Police at various locations including Newsclick’s offices, residences of journalists and employees – past and present, consultants, and freelance contributors associated with Newsclick.
Several persons were questioned and continue to be questioned. As of now, our Founder-Editor 76-year old Prabir Purkayastha and our administrative officer Amit Chakraborty, who happens to be physically challenged, have been arrested.
Read full statement

Truth and dare in Bhima Koregaon

Truth and dare in Bhima Koregaon

poster by @/bakeryprasad

The Leaflet / by Susan Abraham

The Bhima Koregaon–Elgar Parishad ‘Maoist’ conspiracy case is a grand experiment with truth where the State is daring the people to stand up for justice.
‘TRUTH or dare’ is a mostly verbal party game requiring two or more players. Players are given the choice between answering a question truthfully, or performing a ‘dare’. The premise is simple: Players take turns asking one another ‘truth or dare?’ If they choose truth, they have to answer a question of the asker’s choosing. If they choose dare, the asker dares them to do something rather than make a confession.
Suppose the State were to subject its citizens to a macabre version of this game by cooking up a conspiracy case and locking up people behind bars. Then tell them that in order to win their freedom, they have to choose the ‘truth’ of the conspiracy or the ‘dare’ to dissent.
This is the absurd logic that plays out when you try to make sense of the Bhima Koregaon conspiracy case.
Read more


Also read:
Five years of Bhima Koregaon arrests: CDRO marks ‘black day’ (The Leaflet / Jun 2023)

SC adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks

SC adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks

Gautam Navlakha

Supreme Court adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks

01/09/2023

The Leaflet / by Sarah Thanawala

The Bench comprising Justices M.M. Sundresh and J.B. Pardiwala expressed “reservations” over the grant of house arrest to Navlakha by the predecessor Bench.
Today, the Supreme Court directed the National Investigation Agency (NIA) to file a counter-affidavit on Gautam Navlakha’s plea to change the location of his house arrest.
A division Bench comprising Justices M.M. Sundresh and J.B. Pardiwala adjourned the hearing for eight weeks.
Read more


Supreme Court Doubts Earlier Order Allowing House Arrest For Bhima Koregaon Accused Gautam Navlakha

01/09/2023

Live Law / by Awstika Das

The Supreme Court on Friday doubted its November 2022 order allowing human rights activist and Bhima Koregaon-accused Gautam Navlakha to be released from detention and placed under house arrest on grounds of his deteriorating health. Such an order, the court orally observed, might set the ‘wrong precedent’.
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Video: SC Doubts Earlier Order Allowing House Arrest For Gautam Navlakha

02/09/2023

Live Law / by Anuj Nakade


en | 7:11 | 2013
Watch video


Supreme Court expresses reservations over earlier order to allow plea by Gautam Navlakha for house arrest

01/09/2023

Bar & Bench / by Abhimanyu Hazarika

A bench of Justices MM Sundresh and JB Pardiwala orally observed that the order in question did not deal with the merits of the overall case and proceedings against the activist.
The Supreme Court on Friday orally remarked that it may have reservations over its earlier decision to allow the plea filed by Bhima Koregaon violence accused Gautam Navlakha to shift him from jail and place him under house arrest [Gautam Navlakha vs National Investigation Agency and anr].
Read more


Also read:
NIA opposes Gautam Navlakha’s plea for moving house arrest from Mumbai to Alibag (The Leaflet / May 2023)
Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)

NIA claims fact-finding conducted by Gautam Navlakha was sponsored to further terrorist activities

NIA claims fact-finding conducted by Gautam Navlakha was sponsored to further terrorist activities

poster campaign 2020

by Bar & Bench – Live Threads / @lawbarandbench (Aug 9, 2023)
NIA arguments in bail hearing of Bhima Koregaon accused Gautam Navlakha will continue on August 24, 2023.


NIA claims fact-finding conducted by Gautam Navlakha was sponsored to further terrorist activities

09/08/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency has also claimed that the perception of resistance from members of the banned organisation Communist Party of India (Maoist) against Navlakha was deliberately created. 
On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige continued hearing the bail application filed by journalist and human rights activist Gautam Navlakha.
Read more


NIA emphasises charges of conspiracy and common intention to further terrorist activities against Gautam Navlakha

08/08/2023

The Leaflet / by Sarah Thanawala

The National Investigation Agency argued that the individual roles of the accused persons in the Bhima Koregaon case should not be looked into in isolation from the larger conspiracy.
On Monday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige continued hearing the bail application filed by journalist and human rights activist Gautam Navlakha.
Read more


Gautam Navlakha part of urban naxal movement which arranges manpower, funds for rural naxal struggle: NIA to Bombay High Court

08/08/2023

Bar & Bench / by Neha Joshi

Responding to Navlakha’s claims that he was not involved in any violent acts for seeking bail in the Bhima Koregaon case of 2018, ASG Devang Vyas argued that Navlakha was assigned a role in the larger conspiracy.
Human rights activist and journalist Gautam Navlakha was part of an urban movement to arrange for logistics for the rural naxal movement, the National Investigation Agency (NIA) told the Bombay High Court on Monday while opposing Navlakha’s bail application.
Read more


Probe agency opposes Gautam Navlakha’s bail plea, says ‘Part of Urban Naxals’

08/08/2023

India Today / by Vidya

The National Investigation Agency opposed the bail plea of Elgar Parishad case accused, Gautam Navlakha, in the Bombay High Court.
Opposing the bail plea of Gautam Navlakha, an accused in the Elgar Parishad case, the National Investigation Agency told the Bombay High Court that Navlakha was part of “Urban Naxals” to arrange logistics for Naxal movements in rural areas.
Read more


Also read:
‘Urban Naxal’ is a label to terrorise intellectuals: Prabhat Patnaik (The Telegraph / Feb 2023)
From Anti-National to Urban Naxal: The Trajectory of Dissent in India – How the term Urban Naxal came to being (Newsclick / Sep 2018)


Gautam Navlakha

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

Probe agency opposes Gautam Navlakha’s bail plea in Bombay High Court

Probe agency opposes Gautam Navlakha’s bail plea in Bombay High Court

NIA Opposes Bail Application Of Accused Gautam Navlakha

25/07/2023

Free Press Journal / by Urvi Mahajani

NIA has claimed that Navlakha is an active member of a banned terror organisation and engages in activities furthering its objectives. The NIA also recovered incriminating documents from gadgets in his house.
The National Investigation Agency (NIA) has opposed bail plea of former journalist Gautam Navlakha, an accused in the Elgar Parishad – Bhima Koregaon case, stating that the lower court rejected his bail plea on the grounds that the accusations against him are prima facie true. NIA has also claimed that Navlakha was an active member of a banned terror organisation and engages in activities furthering its objectives.
Read more


Probe agency opposes Navlakha’s bail plea in Bombay High Court

25/07/2023

India Today / by Vidya

The NIA cited its chargesheet that claims that Gautam Navlakha was recruited by Ghulam Nabi Fai on the direction of Pakistan’s spy agency, the Inter-Services Intelligence (ISI).
The National Investigation Agency (NIA) has requested a one-week adjournment for the hearing of Gautam Navlakha’s bail plea, as the newly appointed Additional Solicitor General (ASG) is yet to assume office.
Read more


Also read:

Gautam Navlakha

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

NIA gets more time to reply to plea for furnishing copies of evidence to the accused

NIA gets more time to reply to plea for furnishing copies of evidence to the accused

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 Tuesday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria allowed the agency time to file an additional reply to the applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
… The matter is posted for further hearing on the applications filed under Section 207 of the CrPC on July 28.
Read more


Also read:
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)

Bombay HC directs NIA to file reply on Gautam Navlakha’s fresh bail application, next hearing on July 25

Bombay HC directs NIA to file reply on Gautam Navlakha’s fresh bail application, next hearing on July 25

The Leaflet / by Sarah Thanawala

On Wednesday, a division Bench of the Bombay High Court comprising Justices A.S. Gadkari and Shivkumar Dige heard a fresh bail application filed by journalist and human rights activist Gautam Navlakha.
The Bench also directed the National Investigation Agency (NIA) to file its reply. The NIA counsel told the court that the reply would be filed by this evening or tomorrow.
Read more

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

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

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

CPJ calls on Biden administration to press India prime minister on media freedom during visit

CPJ calls on Biden administration to press India prime minister on media freedom during visit

By Committee to Protect Journalists (CPI)

Ahead of Indian Prime Minister Narendra Modi’s visit to the U.S. from June 21 to 24 and meeting with U.S. President Joe Biden, the Committee to Protect Journalists on Wednesday issued the following statement calling on the U.S. government to urge India to end its media crackdown and release the six journalists arbitrarily detained in retaliation for their work:
Read full statement


Also read:
Number of Jailed Journalists at New Global Record, Seven Behind Bars in India (The Wire / Dec 2022)


Gautam Navlakha

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