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At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India

At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India

At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India

18/07/2024

The Wire / by The Wire Staff

The writers’ body cited a growing number of writers, journalists, academics and other critics of the government being subjected to legal harassment in the form of arbitrary arrests and prolonged detentions without trial.
…
The writers’ body mentioned the Unlawful Activities (Prevention) Act (UAPA) being used as a tool to “unjustly prosecute” the government’s critics. Citing the detention of those accused in the Bhima Koregaon/Elgar Parishad case, the report highlighted the ill treatment of professor Hany Babu and poet Varavara Rao, and denial of bail despite medical grounds.
Read more
Read PEN International’s full report here

‘28% rise in sedition cases’: Top global NGO alliance rates India’s civil space ‘repressed’

17/07/2024

Counterview / by Rajiv Shah

Rating India’s civic space as repressed, Civicus, a global civil society alliance, in its new report submitted to the UN Human Rights Committee (UNHRC) on the state of civic space in the country has said that the use of sedition law against the Modi government’s critics continues. “Under the government of Prime Minister Narendra Modi, sedition cases have increased by 28 per cent with over 500 cases against more than 7,000 people”, it says.
Read more

Also read:
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS /Jul 2024)
Read/download full submission
▪ RSF and national civil society organisations give new government 10 recommendations to guarantee press freedom (RSF / June 2024)
▪ India among top 10 countries to jail writers, academics in 2021, shows Pen America’s report (Scroll.in / Apr 2022)
▪ International Mother Language Day: Take Action for Hany Babu (Pen International | Feb 2022)
▪ Joint Statement: Freedom for Varavara Rao (Pen International | Oct 2021)
▪ A Dark Day for Democracy and Freedom of Expression (Pen International | Aug 2018)

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Jacobin.com / by Safa Ahmed

Since reaching power, Narendra Modi’s Bharatiya Janata Party has jailed political critics using bogus terrorism and incitement charges. But an electoral setback for his party offers hope of change in India and a crack in his authoritarian Hindutva order.
… There are those who do make it out of prison. But in one harrowing case, imprisonment under the UAPA became a death sentence. In 2018, violent clashes broke out between Dalits and Hindu militant groups in Bhima Koregaon, a village in Maharashtra state. Instead of arresting any militants, police in the state arrested sixteen eminent activists, academics, and lawyers over the next two years — all of whom were involved in civil rights work supporting marginalized Dalits and tribal Adivasi communities.
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Video: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

By The Telegraph

en | 4:45 | 2024
From Kashmir to Pune, from the barrage of detainees from the CAA-NRC protests to the Delhi riots case accused to the infamous Bhima Koregaon arrests, Prime Minister Narendra Modi’s time in office has been marked by a number of ‘political prisoners’ who remain indefinitely behind bars, with their trials still pending.
Watch video

Read more: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial (The Telegraph / June 2024)

Also Read:
▪ How The Indian Prison System Denies Basic Freedoms, Rights And Dignity To Political Prisoners (The Polis Project / June 2024)
▪ The Opposition Must Demand the Release of all Political Prisoners (The Wire / June 2024)
▪ Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)

BK-16 PRISON DIARIES: JENNY ROWENA ON THE FEAR OF PRISONS AND THE BRAHMINICAL SYSTEM BEHIND IT

BK-16 PRISON DIARIES: JENNY ROWENA ON THE FEAR OF PRISONS AND THE BRAHMINICAL SYSTEM BEHIND IT

To mark six years of the arbitrary arrests and imprisonment of political dissidents in the Bhima Koregaon case, The Polis Project is publishing a series of writings by the BK-16, and their families, friends and partners. By describing various aspects of the past six years, the series offers a glimpse into the BK-16’s lives inside prison, as well as the struggles of their loved ones outside. Each piece in the series is complemented by Arun Ferreira’s striking and evocative artwork.

The Polis Project / by Jenny Rowena

As a space that takes away our liberties, marked by deep deprivation and suffering, the prison often gets framed as the point at which the liveable modern life ends. The fear of prisons, then, becomes all-pervading, with language itself constantly pointing to it as a dead end. Thus, for the ordinary person, the police and the prison system evoke extreme anxiety, and they design their lives to evade any encounters with it. Yet, those who come face to face with this system observe not an end, but the continuing flow of life inside, behind massive, impenetrable walls, even as their family and friends navigate a completely new reality outside. For academics like Hany Babu, the twelfth person incarcerated in the Bhima Koregaon case, who was active in social justice projects in the university space, the prison also offers a glimpse into the stark structural inequalities of Indian society and the many resistances against them.
Read more

Also read:
▪ BK-16 PRISON DIARIES: ANAND TELTUMBDE REFLECTS ON HIS ARREST AND INCARCERATION (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: STORIES OF LOVE, MURDER AND CHILD MARRIAGE FROM SHOMA SEN’S YEARS IN PRISONS (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: ARUN FERREIRA ON THE FARCE AND TRAGEDY OF THE PANDEMIC IN PRISON (THE POLIS PROJECT / JUNE 2024)
▪ BK-16 PRISON DIARIES: VERNON GONSALVES ON THE STRUGGLE TO READ AND WRITE BEHIND BARS (THE POLIS PROJECT / JUNE 2024)
▪ INTRODUCING THE BK-16 PRISON DIARIES SERIES (THE POLIS PROJECT / JUNE 2024)

Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

The Telegraph / by Telegraph Web Desk

From Kashmir to Pune, here are some of the most high-profile names in India’s prisons for whom the criminal justice process has been made the punishment
From the barrage of detainees from the CAA-NRC protests to the infamous Bhima Koregaon arrests, Prime Minister Narendra Modi’s time in office has been marked by a number of ‘political prisoners’ who remain indefinitely behind bars, with their trials still pending.
Read more

Also read:
▪ 7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence (Live Law / May 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

Hany Babu withdraws bail plea in Supreme Court; says will approach Bombay High Court afresh

Hany Babu withdraws bail plea in Supreme Court; says will approach Bombay High Court afresh

Hany Babu

Ex-DU prof Hany Babu withdraws bail plea in Supreme Court

03/05/2024

Hindustan Times / by Abraham Thomas

A bench of justices allowed the petition to be withdrawn as “not pressed” while recording the statement of Babu’s lawyer Payoshi Roy that he would like to pursue the matter before the high court
The Supreme Court on Friday allowed former Delhi University (DU) professor Hany Babu, who is an accused in the Bhima Koregaon violence case, to withdraw his bail plea citing “change of circumstance” claiming that he would be moving the Bombay high court which had granted bail to five co-accused.
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Professor Hany Babu withdraws bail plea from Supreme Court

03/05/2024

Bar & Bench / by Abhimanyu Hazarika

A Bench of Justices Bela M Trivedi and Pankaj Mithal was slated to hear the matter today when Babu’s counsel informed the Court that the bail plea was being withdrawn.
Professor Hany Babu, an accused in the 2018 Bhima Koregaon violence case, withdrew his bail plea from the Supreme Court today citing a change in circumstances [Hany Babu vs National Investigation Agency and anr].
Read more

Also read:
▪ Branded Maoist, ex-political prisoners narrate how they were ‘wrongfully’ incarcerated (Counterview.net / March 2024)
▪ SC notice to Maharashtra, NIA on bail plea of DU professor Hany Babu (The Hindu / Jan 2024)
▪ Bombay HC rejects Hany Babu’s bail plea: ‘Prime facie conspired and abetted terrorist act’ (The Indian Express / Sep 2022)
▪ No bail; ‘prima facie evidence Hany Babu part of Maoist outfit’: court (The Indian Express / Feb 2022)

Was the trial judge who convicted GN Saibaba biased? We will never know, and that is part of the injustice

Was the trial judge who convicted GN Saibaba biased? We will never know, and that is part of the injustice

Was the trial judge who convicted G.N. Saibaba biased? We will never know, and that is part of the injustice

24/03/2024

The Leaflet / by Nihalsing Rathod

The injustice of a trial judge filling the gaps in the prosecution’s case (which relied on ‘evidence’ in the form of bananas, umbrellas and newspaper cuttings) with judicial overreach to chop ten years off Professor G.N. Saibaba’s life.
The Nagpur Bench of the Bombay High Court heard the appeal against the conviction of Prof. G.N. Saibaba and five others, twice. In both the judgments, it set aside the conviction.
Read more

Branded Maoist, ex-political prisoners narrate how they were wrongfully incarcerated

21/03/2023

Counterview.net / by Our Representative

Celebrating the International Day of Solidarity with Political Prisoners, which fell on March 18, the Campaign Against State Repression (CASR), a joint platform of 35+ organizations, held a public gathering in Delhi titled “Life in Anda Cell: Political Prisoners and Wrongful Incarcerations” at the Press Club of India, Delhi, in order to mark the acquittal and prison experience of cultural activist Hem Mishra and his family. 
… Hem Mishra added, “it is not about just the 6 of us in my case. It is about all political prisoners. As long as the fight for jal-jangal-jameen remains, as long as the fight of Dalits, Adivasis, workers, peasants, oppressed nationalities remains, as long as the question of creating a better world for all people and a better state for all people remains, the fight of all political prisoners will rage on. At the end of the day, I am a bard who sings the songs of the people and I will continue to echo their cries. I am out of prison, but as long as all other political prisoners like Rona Wilson, Surendra Gadling, Sudhir Dhawale are inside prison, I feel I am only out from a smaller cage into a bigger one.”
Read more

By Adv Surendra Gadling Defence Committee (Jan 2021):
With due credit to anonymous artist and to the jailed, to be jailed lawyers

IO Whose Role Bombay HC Questioned in Saibaba Case Was Also Part of Elgar Parishad Probe

13/03/2024

The Wire / by Sukanya Shantha

The Pune police, at multiple places in the Elgar Parishad chargesheet, claimed that some of those arrested in the Elgar Parishad case had a “direct association” with Saibaba.
At the end of 2018, when the Pune police first filed a chargesheet in the Elgar Parishad case, they claimed to be “heavily relying” on the investigation conducted in the case involving former Delhi University professor G.N. Saibaba. By then, Saibaba and five others had already been convicted by the Gadchiroli sessions court.
Read more

Also watch:

▪ Video: INTERNATIONAL SOLIDARITY MEETING

en | 1:07 min | 2024

By INTERNATIONAL SOLIDARITY FOR ACADEMIC FREEDOM IN INDIA (InSAF)
Celebrating the Second Acquittal of Professor GN Saibaba, Prashant Rahi, Mahesh Tirki, Hem Mishra and Vijay Tirki and the late Pandu Narote
Years in solitary confinement Years of shuttling from one bail plea to another Endless health ordeals, systematic discrimination The custodial death of 32-year old co-accused Pandu Narote The shocking overnight reversal of an acquittal order The life and trials of GN Saibaba and his co-accused remind us of the extent the repressive Indian state will go to in order to silence voices of dissent But on 7 March 2024, they finally walked free, after being acquitted for the second time on 5 March 2024, exonerated of all charges On 10 March 2024, we came together to celebrate this overdue step
We will not be silenced

Co-sponsored by
International Solidarity for Academic Freedom in India (InSAF India) South Asian Diaspora Action Collective (SADAC) Indian Workers Association (Great Britain) (IWA-GB) India Labour Solidarity (UK) Foundation The London Story The Humanism Project, Australia Hindus for Human Rights Free Saibaba Coalition (USA) Boston South Asian Coalition (BSAC) India Civil Watch International (ICWI) South Asia Solidarity Group, London

Watch video

Hany Babu defends bail plea in Supreme Court

Hany Babu defends bail plea in Supreme Court

Campaign poster, 2021

by Live Law / @LiveLawIndia (March 20):
Bhima Koregaon accused Hany Babu defends bail plea in #SupremeCourt, arguing that the only evidence against him was that he raised awareness and legal defence on behalf of recently-acquitted GN Saibaba.
#BhimaKoregaon #SupremeCourtofIndia

Bench ultimately declines to hear the matter today after time is sought on behalf of the NIA to file a counter-affidavit.
Two week is granted to the agency to file its response.

Also read:
▪Supreme Court Issues Notice To NIA On Professor Hany Babu’s Bail Plea (Live Law / Jan 2024)

▪ Bombay High Court Refuses Bail To DU Professor Hany Babu

(Live Law / Sep 2022)
Delhi University Professor Hany Babu mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook, the Bombay High Court said in its order refusing him bail.
Read more

‘It Is Only by Chance That I Came Out of Prison Alive’ / GN Saibaba’s long struggle for justice / Video

‘It Is Only by Chance That I Came Out of Prison Alive’ / GN Saibaba’s long struggle for justice / Video

by Nihalsing / @Nihalsingrathod (March 7, 2024):
#GNSaibaba and #prashantrahi released

#hemmishra also released from Kolhapur jail

#prashantrahi with his daughter @shikharahi

And finally #maheshtirki also walks out

Injustice And Impunity: How The Justice System Failed G.N. Saibaba

19/03/2024

Feminism India / by Hajara Najeeb

A professor of the Department of English at Ram Lal College in New Delhi, G.N. Saibaba was incarcerated under the draconian Unlawful Activities Prevention Act 1967, accusing him of having Maoist links
On March 8th, a frail G.N. Saibaba made his first public statement in ten years after a decade of torture and a lifetime of injustice. A professor of the Department of English at Ram Lal College in New Delhi, he was incarcerated under the draconian Unlawful Activities Prevention Act 1967, accusing him of having Maoist links.
Read more

“I Don’t Know How I Survived” Professor G. N. Saibaba says the reality of being free is yet to sink in

09/03/2024

The Citizen / by Nikita Jain

There was excitement and anticipation as former Delhi University Professor G. N. Saibaba entered the room in his wheelchair. Accompanied by his wife Vasantha Kumari, daughter, Communist Party of India (CPI) leader D. Raja amongst others, Prof. Saibaba smiled and waved at a few friends he recognised in the audience.
… Speaking about one his lawyers, Surendra Gadling, who himself is in jail for another case related to Elgar Parishad, Prof. Saibaba said that it was because of him that his case became stronger and it breaks his heart to see him behind bars. “Surendra Gadling is languishing behind the bars only for one reason, he stood for me and he argued most effectively in the sessions court during the trial.
Read more

It’s by chance I came out of prison alive: G N Saibaba after release from Nagpur jail

08/03/2024

Indian Express / by Express News Service

Saibaba also said he was “sad” that Surendra Gadling, his lawyer during the trial in the case, was behind bars in the Elgaar Parishad case.
Former Delhi University professor G N Saibaba, who had been sentenced to life imprisonment over his alleged Maoist links, was released from Nagpur Central Jail on Thursday morning, two days after his acquittal by the Nagpur bench of the Bombay High Court.
Read more

‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba

07/03/2024

The Wire / by Sukanya Shantha

“It is only by chance that I came out of prison alive,” 56-year-old former Delhi University professor S.N. Saibaba said in his first press briefing since his release from Nagpur Central jail on Thursday (March 7).
The Nagpur bench of the Bombay high court on March 5 acquitted him and five others on “terrorism” charges.
…
The trial in the lower court was handled by Nagpur-based human rights lawyer Surendra Gadling. Soon after the trial was completed in the Gadchiroli sessions court, Gadling was arrested in the Elgar Parishad case. Saibaba, on Thursday, said that his lawyer Gadling was targeted only for handling his case.
Read more

GN Saibaba’s long struggle for justice: Why the Bombay HC had to overturn his conviction – twice

09/03/2024

Scroll.in / by Vineet Bhalla

The former DU professor was arrested in 2014 and sentenced to life imprisonment in 2017. The High Court has now acquitted him, finding no evidence against him.
Human rights activist and former Delhi University professor GN Saibaba’s acquittal by the Bombay High Court for terror-related offences under the stringent Unlawful Activities (Prevention) Act on Tuesday and release from the Nagpur Central Jail on Thursday was the culmination of an arduous legal struggle.
Read more

Saibaba Acquittal: From Lack of Sanction to Dodgy Evidence, HC Judgment Tears Into State’s Case

06/03/2024

The Wire / by Sukanya Shantha

‘The prosecution has failed to establish the seizure of incriminating material from the house search of G.N. Saibaba,” the judges said. “The prosecution has also failed to prove the electronic evidence in terms of the provisions of the Indian Evidence Act, and the Information Technology Act.”
In its detailed judgment acquitting former Delhi University professor G.N. Saibaba and five others of ‘terrorism’ charges, the Nagpur bench of the Bombay high court has virtually shredded the state’s case against the six to pieces.
…
Saibaba’s lawyer jailed in Bhima Koregaon case
Incidentally, Saibaba’s defence in the trial court was handled by the Nagpur-based human rights lawyer Surendra Gadling, who, soon after the completion of trial, was himself arrested in the Elgar Parishad case.
Read more

Video: INTERNATIONAL SOLIDARITY MEETING

en | 1:07 min | 2024

By INTERNATIONAL SOLIDARITY FOR ACADEMIC FREEDOM IN INDIA (InSAF)
Celebrating the Second Acquittal of Professor GN Saibaba, Prashant Rahi, Mahesh Tirki, Hem Mishra and Vijay Tirki and the late Pandu Narote
Years in solitary confinement Years of shuttling from one bail plea to another Endless health ordeals, systematic discrimination The custodial death of 32-year old co-accused Pandu Narote The shocking overnight reversal of an acquittal order The life and trials of GN Saibaba and his co-accused remind us of the extent the repressive Indian state will go to in order to silence voices of dissent But on 7 March 2024, they finally walked free, after being acquitted for the second time on 5 March 2024, exonerated of all charges On 10 March 2024, we came together to celebrate this overdue step
We will not be silenced

Co-sponsored by
International Solidarity for Academic Freedom in India (InSAF India) South Asian Diaspora Action Collective (SADAC) Indian Workers Association (Great Britain) (IWA-GB) India Labour Solidarity (UK) Foundation The London Story The Humanism Project, Australia Hindus for Human Rights Free Saibaba Coalition (USA) Boston South Asian Coalition (BSAC) India Civil Watch International (ICWI) South Asia Solidarity Group, London

Watch video

Also read/watch:
▪Wives of Khalid Saifi, Hany Babu, GN Saibaba demand release of ‘political prisoners’ (Maktoob / Jan 2023)

▪ Bombay High Court Refuses Bail To DU Professor Hany Babu

(Live Law / Sep 2022)
Delhi University Professor Hany Babu mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook, the Bombay High Court said in its order refusing him bail.
Read more

▪ Video: Personal Liberty and the Indian Courts

25/10/2022


en | 1h 42min | 2022
The discussion examines the recent three judgements relating to
► The denial of bail of Jyoti Jagtap by the Bombay High Court in the Bhima Koregaon Conspiracy case.
► The stay on the Bombay High Court judgement of acquittal/discharge of Dr. GN Saibaba and others by the Supreme Court
► The denial of bail by the Delhi High Court of Umar Khalid in the Conspiracy case of the Delhi Riots of 2020.
Watch video (PUCL fb page)

▪ Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report

(The Wire / Dec 2021)
Arsenal Consulting was engaged by Wilson’s defence lawyers to study the electronic evidence submitted against him in the Elgar Parishad case.
… Wilson, who was a core part of the 17- member Committee for Defence and Release of G. N. Saibaba, also received a message which said “Free Dr Saibaba and Oppose the suppression of Dissent in India. Please sign the petition here clicking [link]” on October 8, 2017.
Read more

▪ Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

05/02/2024

The Wire / by The Wire Staff

Their co-accused who is out on bail, Teltumbde has been conferred the Basava National Award – Karnataka’s highest honour.
… Although a few have been granted bail on medical and technical grounds, nine remain behind bars at Byculla and Taloja prisons in Maharashtra. The latter have written a congratulatory letter to co-accused Dr Anand Teltumbde, on his being given the Karnataka government’s highest award, the Basava Award.
The letter, which the prisoners released through their lawyers, is being produced below.
Read more

‘A small streak of light’: Seven BK prisoners congratulate Anand Teltumbde on award

04/02/2024

Scroll.in / by Scroll Staff

The writer, who is on bail in the same case, was honoured with the Basava Award by the Karnataka government on January 31.
The seven people who are still in jail in the Bhima Koregaon case have congratulated their co-accused Anand Teltumbde for having been granted the Karnataka government’s Basava Award on January 31 and pushing “forward the wheel of democratic revolution of annihilating the caste system”.
Read more

Also read:
▪ ‘My state has done the greatest honour by putting me in jail’: Anand Teltumbde after receiving award (Indian Express / Feb 2024)

Supreme Court seeks NIA response to bail plea by Professor Hany Babu

Supreme Court seeks NIA response to bail plea by Professor Hany Babu

Supreme Court Issues Notice To NIA On Professor Hany Babu’s Bail Plea

03/01/2024

Live Law / by Awstika Das

The Supreme Court on Wednesday (January 3) issued notice in the bail plea of Delhi University professor Hany Babu, who was arrested by the National IInvestigating Agency (NIA) in the Bhima Koregaon-Elgar Parishad case.
A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Babu’s special leave petition challenging a September 2022 decision of the Bombay High Court to reject his bail application in this case.
Read more

Supreme Court seeks NIA response to bail plea by Professor Hany Babu

03/01/2024

Bar & Bench / by Abhimanyu Hazarika

Babu was arrested in July 2020 on charges of being a member of the Communist Party of India (Maoist) and being involved in conspiracy to attack Prime Minister Narendra Modi.
The Supreme Court on Wednesday sought the response of the National Investigation Agency (NIA) to a bail plea filed by professor Hany Babu in the 2018 Bhima Koregaon violence case [Hany Babu vs National Investigation Agency and anr].
Read more

Also watch/read:
▪ Video: “Plan to curtail civil society,” says Hany Babu’s wife Jenny Rowena (Maktoobmedia.com / March 2023)
▪ Why Courts Are Ignoring Concerns Of Planted Evidence In The Bhima-Koregaon Prosecution (article14 / Jan 2023)