Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap
11/07/2023
The Leaflet / by Sarah Thanawala
The division Bench of the Supreme Court directed the National Investigation Agency (NIA) and Maharashtra government to file counter affidavits within a period of three weeks.
On Tuesday, the Supreme Court allowed the respondents to file counter affidavits within a period of three weeks in the bail plea of anti-caste activist and musical performer, Jyoti Jagtap. Read more
Supreme Court Adjourns Jyoti Jagtap’s Bail Plea; Judgments On Pleas Of Vernon Gonsalves & Arun Ferreira Expected Next Week
11/07/2023
Live Law / by Awstika Das
The Supreme Court on Tuesday adjourned the hearing in the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap, saying that the judgments on the bail applications of co-accused Vernon Gonsalves and Arun Ferreira are expected to be delivered next week. Read more
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. Read more
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
Who are the acclaimed ‘BK-16’? / HRDs and families await justice, five years down
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
Supreme Court Issues Notice On Bail Pleas Of Professor Shoma Sen & Jyoti Jagtap In Bhima Koregaon Case
04/05/2023
Live Law / by Sohini Chowdhury
The Supreme Court, on Thursday, issued notice in bail pleas filed by Jyoti Jagtap and Professor Shoma Sen, accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).
A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia issued notice in both the Special Leave Petitions. Read more
Supreme Court seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen
04/05/2023
Bar & Bench / by Abhimanyu Hazarika
The Supreme Court on Thursday sought the response of the Maharashtra government and the National Investigation Agency (NIA) on the bail pleas filed by, Jyoti Jagtap and Shoma Sen, accused in the Bhima Koregaon violence case.
A Bench of Justices Aniruddha Bose and Sudhanshu Dhulia issued notice to the State and NIA.
Sen, an English Literature professor and Dalit and women’s rights activist, was arrested on June 6, 2018. Read more
SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail
04/05/2023
The Print / by pti
The Supreme Court on Thursday sought the responses of the Maharashtra government and the National Investigation Agency (NIA) on a plea filed by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order declining her bail. Read more
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)
Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?
The remaining 11 continue to languish in jail — Who are they and what is the status of the case against them?
Anti-caste writer Anand Teltumbde, who walked out of jail on Saturday, 26 November, after he was granted bail on merits in connection with the Bhima Koregaon-Elgar Parishad case said:
“I am definitely happy. It has been 30 months that I have been in prison. The sad part, however, is that we had to spend time in jail after being booked in a fake case.”
In the same case, two others, poet Varavara Rao and lawyer-activist Sudha Bharadwaj – were granted bail earlier due to different reasons, while academic Gautam Navlakha was allowed house arrest on health grounds by a 19 November Supreme Court order. Read more
Will the bail granted to Anand Teltumbde help others in the Bhima Koregaon case to get out of jail?
28/11/2022
Scroll.in / by Umang Poddar
This is the first bail in the case granted on merits. But experts say that the case of each Bhima Koregaon accused will have to be considered individually.
On Friday, the Supreme Court upheld Bombay High Court’s November 18 order granting bail to Anand Teltumbde, an accused in the Bhima Koregaon case. Teltumbde is the first person accused in the matter to be granted bail on the merits of the case. Previously, others in the case have got bail only on medical grounds or due to procedural lapses by the investigating agency. Read more
Supreme Court’s Widely- Praised Bail for Anand Teltumbde should be Followed by Wider Justice in Elgar Case
28/11/2022
Countercurrents.org / by Bharat Dogra
Supreme Court’s firmness in upholding the Bombay High Court’s order granting bail to Anand Teltumbde has been widely appreciated. However, we must also listen to what this 73 year old distinguished scholar activist, coming out after spending 31 months in prison, had to stay regarding the case in which several other distinguished activists have also been implicated: “the sad thing is that this is the fakest case and it put us behind us behind bar for years.”
The reference here was of course to the notorious Elgar Parishad case which has been attracting strong criticism from several human rights and democracy activists during the last few years. Read more
I wish they’d recognise the arrests of political prisoners as a systemic pro-establishment political act, and then tell the state – and not the defendants – to not bring politics to the courts.
‘Submissions should be limited to law and not be political.’
This is a common refrain in the courts.
Yet the prosecuting state’s behaviour towards its prisoners has been rather erratic. On the one hand, it is seen to oppose, tooth and nail, the grant of bail to political activists such as Jyoti Jagtap, or Umar Khalid, alleged to have ‘ignited passions’ and provoked violence (in others). Read more
A Campaign Against State Repression (CASR) meeting on 28th October at the Gandhi Peace foundation on, ‘Dangerous Brain: Saibaba and Others’, held to scrutinise the Supreme Court judgement suspending Bombay High Court’s acquittal order of Prof GN Saibaba, Hem Mishra, Prashant Rahi, Vijay Tirki and Mahesh Tikri, has demanded that the Apex Court should uphold the Bombay High Court’s order granting acquittal to Saibaba and others…
Citing the case of Jyoti Jagtap, Apoorvanand said that she has been denied bail because she criticized the government through their songs, means that there is no space in this democracy for criticism of the government. Read more
Supreme Court’s suspension of Dr. G.N. Saibaba’s acquittal: ‘Technical grounds are also substantive’, says senior advocate, Mihir Desai
26/10/2022
The Leaflet / by Gursimran Kaur Bakshi
Three recent judgments, controversial for their adverse impact on civil liberties, came in for critical review at an online event, organised by the People’s Union for Civil Liberties.
On October 25, the human rights body, People’s Union for Civil Liberties (‘PUCL’) hosted a webinar on the effect of three recent judgments: Jyoti Japtap versus NIA (in which the Bombay High Court denied bail to activist and performer Jyoti Japtap, detained as an accused in the Bhima Koregaon case), State of Maharashtra versus Mahesh Kariman Tirki & Ors. (in which the Supreme Court stayed the acquittal by the Bombay high court of scholar, writer and activist Dr. G.N Saibaba’s conviction in a Maoist links case), and Umar Khalid versus State of NCT of Delhi (in which the Delhi High Court denied bail to activist Umar Khalid, detained as an accused in the Delhi riots case). Read more
Should anyone be jailed for shouting ‘murdabad,’ says senior advocate Mihir Desai
26/10/2022
Scroll.in / by Scroll Staff
He made the statement during a discussion on three judgements that denied bail to activists Jyoti Jagtap and Umar Khalid.
Should a person be jailed if he shouts murdabad (death to) slogans, asked senior advocate Mihir Desai during an event organised by People’s Union for Civil Liberties on Tuesday, reported Live Law.
He made the statement during a discussion on three judgements that denied bail to activists Jyoti Jagtap and Umar Khalid and stay on the acquittal of former Delhi University professor GN Saibaba. Read more
Conspiracy Allegation Used To Fill Gaps, Speeches Given A Criminal Colour: Gautam Bhatia On Umar Khalid, Jyoti Jagtap Bail Orders
26/10/2022
Live Law / by Padmakshi Sharma
People’s Union for Civil Liberties (PUCL) hosted an online event to discuss three recent judgements pertaining to civil liberties. The judgements included Bombay High Court’s denial of bail to Jyoti Jagtap (Jyoti Jagtap v. National Investigating Agency and Anr.), Supreme Court’s stay on the acquittal of Dr G.N. Saibaba (State of Maharashtra v. Mahesh Kariman Tirki And Ors.) and Delhi High Court’s denial of bail to Umar Khalid (Umar Khalid v. State of NCT of Delhi). 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.
Senior Advocate Mihir Desai and Advocate Gautam Bhatia spoke at the meeting and responded to these judgements.
An update on the delay in the release of Siddique Kappan was shared by Advocate Mohammed Danish from Kappan’s legal team
The discussion moderated by PUCL General Secretary, V Suresh, Arvind Narrain, VP Karnataka State PUCL and Kavita Srivastava, National Secretary PUCL Watch video (PUCL fb page)
by Live Law (Oct 25, 2022)
People’s Union for Civil Liberties (PUCL) hosts an online discussion on 3 recent judgements- denial of bail of #JyotiJagtap; Supreme Court’s stay on the acquittal of #DrGNSaibaba and; the denial of bail of #UmarKhalid
The judgments will be discussed by Senior Advocate Mihir Desai (@mihirde19079979) Advocate Tara Naruala (@taranarula1) and Advocate Gautam Bhatia (@gautambhatia88)
Advocate Gautam Bhatia: We often hear that the trial courts and the High courts, when they are dealing with UAPA, have their hand tied owing to the text of the UAPA and the Watali judgement. I believe that there is space for the courts to work around.
…
Desai: Jyoti’s name was there in FIR from Day 1 as having shouted slogans at Elgar Parishad and being part of a play which dealt with issues such as demonitisation and dalit rights, which is now considered by the court as serious.
Desai: Most important aspect is the question of frontal organization. Jyoti was a part of Kabir Kala Manch, which is a frontal organisation but no-one knew that it was a frontal organisation.
Desai: You can’t throw names that this is a frontal organisation unless you come with a clear government notification. What is the basis of holding Kabir Kala Manch as a frontal organisation? Nothing.
Desai: Just the other day the prime minister called narmada bachao andolan as an urban naxal movement – anything can be called…which is okay for politicians but for courts to hold such organisations as frontal organisation is wrong.
Desai: In Jyoti Jagtap’s case, even prosecution admitted that there were around 150 organisations…even retired HC and SC judges included in Elgar Parishad…how are you picking one or two members like that? There is no link.
…
