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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A bench of justices allowed the petition to be withdrawn as “not pressed” while recording the statement of Babu’s lawyer Payoshi Roy that he would like to pursue the matter before the high court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Pankaj Mithal was slated to hear the matter today when Babu’s counsel informed the Court that the bail plea was being withdrawn.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.
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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.
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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.
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“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.
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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.
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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.
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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)

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)

Three years ago on this day Hany Babu was arrested in the infamous Bhima Koregaon case

Three years ago on this day Hany Babu was arrested in the infamous Bhima Koregaon case

Three years ago on this day, around 4.30 in the evening, Hany Babu was arrested in the infamous Bhima Koregaon case

28/07/2023

By Jenny Rowena @ insta

Three years ago on this day, around 4.30 in the evening, Hany Babu was arrested in the infamous Bhima Koregaon case.
Today, so many marginalised students miss a teacher who always stood by them, and so many more who could have gained from the way he interrogated the elite brahminical pedagogy of the English department are denied of his presence.

And my daughter and me, miss a father and husband who was so deeply committed to us. And was always growing together with us.

Yet in one sense, Babu’s incarceration is just one among the many cruel injustices happening around. A sign of the times when the Savarna Hindu State is destroying whole communities and regions and has invaded even the insulated university space, and is crushing any kind of oppositional voice that stands in its way. But in another sense, this is our very own personal pain. Which cannot be conveyed in words. But we are not defeated, and Babu is doing all that he was doing outside, inside in prison too – reading, writing, teaching and helping inmates to fight their cases.

I do not know what exactly we need to do to gain Babu’s release and the release of so many other political prisoners who have all been punished for their public stances of resistance. No campaign and no pressure seem to touch this government and the violent and blood thirsty groups that support it. Sometimes it’s easy to fall into despair. But that’s not how political prisoners live. They live with the power of being on the side of compassion and justice. With the solidarity and prayers of those who bravely stand with them in this. And the undying intellectual curiosity that I see in each of the Bhima Koregaon people, and Babu, really makes it clear that prisons are never enough to crush some people. And that they will come out of this stronger and better than before. And till then, some of us will continue to fight for their release.

In whatever way you can, please support us in this.



Hany Babu completes three years in prison, “we are not defeated,” says wife Jenny Rowena

28/07/2023

Maktoobmedia.com / by Maktoob Staff

Delhi University professor and noted academic Dr. Hany Babu, who is one of the UAPA prisoners in the Bhima Koregaon-Elgar Parishad case, completed three years of incarceration on Friday, 28 July, 2023.
On 28 July, 2020, the National Investigation Agency arrested Babu, an anti-caste activist and a staunch proponent of social justice.
Read more

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)

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

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

poster by @/bakeryprasad

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.
Read more


Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive

05/07/2023

Vernon Gonsalves

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”.
Read more


“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.
Read more