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Gadling in jail. Reason? As lawyer-activist he has been ‘unpleasant’ to India’s topcops

Gadling in jail. Reason? As lawyer-activist he has been ‘unpleasant’ to India’s topcops

Counterview / by Nilkantha Mandal, Sandeep Pandey, Kushagra Kumar

Surendra Gadling, now in jail in the Bhima-Koregoan violence case, is a human rights lawyer and Dalit rights activist based in Nagpur. He is known for taking up cases of extra-judicial killings, police excesses and atrocities against Dalits and Adivasis in Gadchiroli and Gondia districts of Maharashtra.
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The cost of voicing dissent: UAPA against G.N. Saibaba, Gautam Navlakha, Father Stan Swamy and others

26/12/2020

Countercurrents / by Kunal Pant

In 2016, a Supreme Court Judge asked the state of Maharashtra, “Do you want to extract a pound of flesh?” The statement was directed against the state for contesting the bail plea of Delhi University Professor G. N. Saibaba. Saibaba was arrested in 2014, a justification for which was to prevent him from committing what the police called “anti-national activities.”
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Unfair To Target A Lawyer For Appearing For A Particular Client: Justice Lokur

Unfair To Target A Lawyer For Appearing For A Particular Client: Justice Lokur

‘Unfair To Target A Lawyer For Appearing For A Particular Client’: Justice Lokur

21/11/2020

Live Law / by Radhika Roy

I think that it’s unfair to target a lawyer for appearing for a particular client”, said Justice (Retd.) Madan B. Lokur, former Judge of the Supreme Court of India at a virtual session hosted by Delhi High Court Women Lawyers Forum and Women in Criminal Law Association.
“If a lawyer is dealing with hundreds of COFEPOSA cases, you can’t say that he is also a smuggler. I don’t think the Judge should ever get involved in the relationship between a lawyer and a client”, the judge commented.
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Video: Justice (retd.) Madan Lokur speaks on „Defending Liberties“

20/11/2020


en | 1h 29min | 2020

By Bar & Bench

The former Supreme Court judge is speaking at a virtual discussion hosted by the Delhi High Court Women Lawyers Forum and WCLA.
Former Supreme Court Judge, Justice (retd.) Madan Lokur is speaking on the theme Defending Liberties in a virtual discussion to be hosted by the Delhi High Court Women Lawyers Forum and WCLA. Justice (retd.) Lokur will interact with Warisha Farasat, Tara Narula, Shalini Gera and Sowjhanya Shankaran during the discussion.
Watch video
Read tweets/summaries by Live Law

2 years, 3 charge sheets & 16 arrests — Why Bhima Koregaon accused are still in jail

2 years, 3 charge sheets & 16 arrests — Why Bhima Koregaon accused are still in jail

The Print / by Apoorva Mandhani

Since 2018, stringent UAPA rules, SC’s Zahoor Watali order, NIA takeover and allegedly ‘inadmissible’ evidence has made sure that all accused remain in custody.
On 31 December 2017, a group of activists, political leaders and even retired judges came together at Shaniwar Wada in Pune.
Called the Elgar Parishad (Congress for Speaking Aloud), the organisers of this event included former Supreme Court judge, Justice P.B. Sawant, and former Bombay High Court judge, Justice B.G. Kolse-Patil. The event saw songs, street plays and speeches on various issues, including Dalit rights and criticism of the Narendra Modi government. 
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Jyoti Jagtap – The Young Woman Who Would Not Cry

Jyoti Jagtap – The Young Woman Who Would Not Cry

Article 14 / by Jyoti Punwani

Jyoti Jagtap sang against Hindutva, casteism, inequality. In September, unafraid and resolute, she became the third member of a cultural troupe to be arrested in the Bhima-Koregaon case and its youngest accused. Like 15 others, she faces charges of sedition and waging war against the government of India.
“You can counsel the other inmates in jail. That way your time inside won’t be wasted.”
With these words, Rupali Jadhav bid farewell to her Kabir Kala Manch (KKM) colleague Jyoti Jagtap in the Pune office of the Maharashtra Anti-Terrorism Squad (ATS) on 8 September 2020.
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NIA Claims Arrested Accused Were Attempting to Create a ‘Dalit Militia’

NIA Claims Arrested Accused Were Attempting to Create a ‘Dalit Militia’

NIA Claims Arrested Accused Were Attempting to Create a ‘Dalit Militia’

21/10/2020

The Wire / by Sukanya Shantha

The NIA chargesheet has sidelined the Pune police’s earlier claim that the accused were plotting to assassinate Prime Minister Narendra Modi.
Mumbai: In the over 10,000-page chargesheet recently filed in the Elgar Parishad case, the National Investigation Agency (NIA) has stacked together statements by witnesses who have made claims ranging from arms training undertaken by a few arrested accused in the forests of central India to some trying to “reinvent Dalit militancy” in the country.
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Teltumbde brought Maoist literature, videos from abroad: NIA chargesheet

21/10/2020

The Indian Express / by Sadaf Modak

The National Investigation Agency (NIA) has alleged in its chargesheet filed in the Elgar Parishad case that former IIT professor Anand Teltumbde attended international conferences “under the guise of… academic visits abroad” and brought back Maoist literature and videos on “ideology, tactics, weapons” to show members of the banned Communist Party of India (Maoist).
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CPI(M) gets Rs 3 crore a year from Maharashtra, MP & Chhattisgarh zone, says NIA chargesheet

21/10/2020

The Indian Express / by Sadaf Modak

The National Investigation Agency’s (NIA) 10,000-page chargesheet in the Elgaar Parishad case relies on witness statements to draw up details about the banned CPI (Maoist), including its means of funding, training and recruitment.
According to a witness, members of the organisation collect Rs 350 per bag of tendua leaves – containing 1,000 pouches – as tax.
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NIA chargesheet claims triangular links between Delhi student front, accused and CPI (Maoist)

21/10/2020

Free Press Journal / by Bhavna Uchil

The chargesheet filed by the National Investigation Agency (NIA) in the Bhima Koregaon – Elgar Parishad case has claimed a “concrete triangular link between a student’s organization functioning in New Delhi, arrested accused and CPI (Maoist) operating from the deep forest”.
It states that the issues related with the student front at JNU DSU are highlighted with some of the communication made with Maoist.
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NIA opposes Sudha Bharadwaj´s bail plea [read NIA reply]

NIA opposes Sudha Bharadwaj´s bail plea [read NIA reply]

The Leaflet / by The Leaflet

The National Investigating Agency (NIA) has filed an affidavit challenging the bail application filed by lawyer and former professor Sudha Bharadwaj in the Elgaar Parishad case, at the Bombay High Court. It argues that she is “taking undue benefit” of the Covid-19 pandemic in seeking interim bail on medical grounds.
Read more / read NIA reply

NIA OPPOSES INTERIM BAIL SOUGHT BY SUDHA BHARADWAJ ON MEDIACL GROUNDS

01/07/2020

LiveLaw / by Nitish Kashyap

The National Investigation Agency filed an affidavit before the Bombay High Court on Friday, June 26, opposing the bail plea of advocate and activist Sudha Bharadwaj contending that the accused is trying to take undue advantage of the current situation due to the Covid-19 pandemic and seeking bail on medical grounds.
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ON BHARADWAJ´S BAIL PLEA, NIA SAID – TAKING UNDUE BENEFIT OF PANDEMIC

01/07/2020

The Indian Express/ by Express News Service

The National Investigation Agency (NIA) last week opposed the bail application of lawyer and former professor Sudha Bharadwaj, arrested in the Elgaar Parishad case, before the special NIA court stating that she is “taking undue benefit” of the Covid-19 pandemic in seeking interim bail on medical grounds … The matter was listed on Tuesday but did not come up for hearing.
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The Day Justice Hosbet Suresh Was Threatened With Arrest

The Day Justice Hosbet Suresh Was Threatened With Arrest

The Wire / by Susan Abraham

The police’s relentless pursuit of human rights activists in connection with the Bhima Koregaon violence did not spare judges either.
The Bhima Koregaon case, in which 11 prominent human rights activists, lawyers and academics languish behind bars, that too during a pandemic, has now become the template for similar arrests taking place in different parts of the country 2014 under the Narendra Modi-Amit Shah regime.
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Who is Sudha Bharadwaj?

Who is Sudha Bharadwaj?

Sudha Bharadwaj

Nov 2019

By Mumbai Rises to Save Democracy

Maaysha, Sudha’s daughter: “If fighting for the rights of adivasis, fighting for workers and peasants, fighting against repression and exploitation and giving up one s whole life for them is being a naxalite then I guess naxalites are pretty good.”

“The 6th Annual Harvard Law International Women’s Day Portrait Exhibit showcases the astounding contributions of women around the world to the areas of law and policy. The honorees — each of whom were nominated by HLS students, faculty or staff — are powerful voices in their respective fields, whether they are sitting on a high court bench, standing in front of a classroom, or marching in the streets.”

Or whether they are sitting in jail.

Advocate Sudha Bharadwaj is a 2019 honoree of the Harvard Law International Women’s day exhibition and is sitting in a jail cell in Pune. How did these conflicting positions come about?

Sudha grew up to illustrious parents, and spent the first part of her life as an American citizen. In the next 30 years of her life, she worked tirelessly in Chhattisgarh Mukti Morcha (CMM) as a trade unionist and eventually as a lawyer after the CMM, hamstrung in their legal battles by unscrupulous lawyers, found in her the courage and integrity needed to challenge powerful opponents in the courtrooms.

She founded Janhit, giving rigorous legal aid to several industrial workers, villages fighting acquisition and mining, Adivasi communities fighting for forest rights, environmental cases and PIL litigation. Janhit led cases against powerful industrial houses such as Jindal, Vedanta, BALCO, Lafarge Holcim, D.B. Power, Vandana Vidyut, SECL, Bhilai Steel Plant, Monnet Steel, Adani, Hindalco, Grasim, Ultratech and others.

Sudha was instrumental in rebuilding the PUCL group after the arrest and incarceration of its then-President, Dr. Binayak Sen. During this time, she was appointed as the General Secretary of People’s Union for Civil Liberties (PUCL) and worked on issues of human trafficking and attacks on minorities. She also assisted families of victims of human rights violations looked upon as casualties in the conflict zone of Bastar and supported journalists and activists who dared raise their voices and pen against the State excesses in Bastar. She was elected recently as Vice President of the Indian Association of Peoples’ Lawyers (IAPL) and was active in campaigns against attacks on Dalit and human rights lawyers in Chhattisgarh and facilitated an IAPL fact-finding into it.

Sudha was arrested from her Faridabad home which she was sharing with her daughter, Maaysha. During this time, she was a Visiting Professor at the National Law University Delhi, taking Seminar Courses on tribal rights, land acquisition, and the Fifth and Sixth Schedules. This year she was to have taught “Law and Justice in a Globalising World”. Sadly, and ironically, she can’t teach the class as she is in jail. The loss, the students inform us, is all theirs.

Her daughter Maaysha, has in several letters candidly brought to fore Sudha’s tireless spirit and her commitment to her work, “If fighting for the rights of Adivasis, fighting for workers and peasants, fighting against repression and exploitation and giving up one’s whole life for them is being a Naxalite then I guess Naxalites are pretty good.”

Guneet Ahuja, Advocate, Delhi, in an open letter writes about Sudha, “On my first meeting with Sudha ji, I asked her about the competing narratives regarding the condition of indigenous communities in Bastar. Her reply left a deep impact on me: “For a pedestrian on a narrow lane, the car driver is causing the trouble. For the car driver, the pedestrian is the nuisance. Your perspectives change based on where you are placed.”

Sudha is the pedestrian along with all the people she fights for. She believes the road belongs to us. The State is the car who doesn’t want nuisance pedestrians in the way, believes the road belongs to it, and wants it lined with the businesses of its cronies. To the State, Sudha belongs in jail. To us, she is a defender of human rights.

“If you try to be safe and in the middle, you will never succeed.”
Sudha, The Wire


Sudha Bharadwaj Speaks – A Life in Law and Activism


Publisher: Peoples Union for Civil Liberties (PUCL)
Edition: January 2021
Language: English
Sudha Bharadwaj’s interview by: Darshana Mitra and Santanu Chakraborty
Pictures credit: PUCL
Cover Design / Layout: Vinay Jain
Paperback: 316 pages

PDF copy: Sudha Bharadwaj speaks – A Life in Law and Activism (PUCL, Jan 2021)

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Fadnavis: Same activists were arrested when Cong-NCP was in power

Fadnavis: Same activists were arrested when Cong-NCP was in power

The Indian Express / by Express News Service

Expressing surprise at the comments of NCP chief Sharad Pawar on the arrests of activists in the Elgaar Parishad case, former Maharashtra chief minister Devendra Fadnavis on Monday said many of these activists had been arrested and charged for similar offences when the Congress-NCP government was in power in the state and the Centre.
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Draft charges cite `plot to kill PM Modi´

Draft charges cite `plot to kill PM Modi´

The Times of India / by Vishwas Kothari

PUNE: The state prosecution has proposed the charges of ‘waging a war against the country’ and ‘conspiracy to assassinate Prime Minister Narendra Modi’ as well as other terrorism acts in the draft charges submitted to the special UAPA court here on Wednesday against 19 accused named in the Elgar Parishad case.
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