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HC grants bail to Sagar Gorkhe to attend brother’s wedding

HC grants bail to Sagar Gorkhe to attend brother’s wedding

Sagar Gorkha, Ramesh Gaichor. Poster by #bakeryprasad

Hindustan Times / by Sahyaja MS

The cultural activist and member of Kabir Kala Manch is set to be released from Taloja Central Jail on May 1. He must return to the prison by May 4
The Bombay high court has granted temporary bail to Sagar Tatyaram Gorkhe, an accused in the Bhima-Koregaon conspiracy case, to attend his brother’s wedding in Pune. The cultural activist and member of Kabir Kala Manch is set to be released from Taloja Central Jail on May 1. He must return to the prison by May 4 and would be escorted by police personnel in the interim period.
Read more


Also read/watch:
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

What is Kabir Kala Manch, the cultural group accused of being a Maoist front?

What is Kabir Kala Manch, the cultural group accused of being a Maoist front?

The Indian Express / by Chandan Haygunde

The KKM was formed by a Pune activist, Amarnath Chandaliya, after the Gujarat riots in 2002 for promoting unity.
An alleged operative of the banned CPI-Maoist, Santosh Vasant Shelar alias Vishwa alias Painter, who went missing from Pune in November 2010, returned home over a week ago in bad health.
… The KKM was among the outfits that organised Elgaar Parishad at Shaniwar Wada in Pune on December 31, 2017, to commemorate the 200th anniversary of the battle of Koregaon Bhima, fought between Peshwas and Britishers on January 1, 1818.
Read more


Also read/watch:
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022
The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)
Who are the three Kabir Kala Manch artistes arrested in the Bhima Koregaon case this week? (Scroll.in / Sep 2020)

‘How Long Can the Moon be Caged?’ documents increasing suppression of free speech in India

‘How Long Can the Moon be Caged?’ documents increasing suppression of free speech in India

WBUR / Deepa Fernandes speaks with Suchitra Vijayan

Host Deepa Fernandes speaks with Suchitra Vijayan, co-author of the new book “How Long Can the Moon be Caged?,” which documents how people who speak in favor of Muslims and minority communities have increasingly been arrested and imprisoned by the Indian government.
Podcast
en | 9:45min | 2023
Listen to the podcast

Book excerpt: ‘How Long Can the Moon be Caged?’
By Suchitra Vijayan and Francesca Recchia
A Dalit activist we spoke to said that most people do not encounter the state the way Dalits, Adivasis and Muslims do. She told us: ‘The state has always had a boot on our necks.’ Forget living; imagine what it takes to survive this. The boot is always pressed against minorities’ necks, making it hard to breathe, demanding that they beg for dignity every day. She added: ‘[For us] it doesn’t matter who is in power; oppression is the only thing that hasn’t changed’.
Read more


Also read/watch:
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

Will See If Jyoti Jagtap’s Bail Plea Will Fit In Formula Of ‘Vernon’ Judgment, Says Supreme Court

01/11/2023

Live Law / by Awstika Das

The Supreme Court on Wednesday (November 1) adjourned until November 30 the hearing of activist and Bhima Koregaon-accused Jyoti Jagtap’s bail application.
A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Jagtap’s petition challenging the Bombay High Court’s decision to reject her bail application. She has been lodged in jail since September 2020 for offences under the Unlawful Activities (Prevention) Act, 1967 after being arrested in connection with the 2018 caste-based violence that broke out at Bhima Koregaon in Pune, and for having alleged links with the proscribed far-left outfit, Communist Party of India (Maoists).
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SC says principles of Arun and Vernon bail judgment to apply to Jyoti Jagtap

01/11/2023

The Leaflet / by Sarah Thanawala

A division Bench of the Supreme Court today observed that as per the parameters set in the bail judgment of co-accused Vernon Gonsalves and Arun Ferreira, the contents of the recovered electronic evidence will be analysed to check whether it constitutes an offence under Chapters V and VI of the Unlawful Activities (Prevention) Act, 1967.
Today, the Supreme Court observed that the parameters set in the judgment granting bail to co-accused Vernon Gonsalves and Arun Ferreira will be applied to the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
Read more


Also read:
Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea (The Leaflet / Sep 2023)
Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

Jyoti Jagtap

Supreme Court allows Jyoti Jagtap time to file rejoinder in support of her bail plea

21/09/2023

The Leaflet / by Sarah Thanawala

The matter is posted for further hearing after three weeks.
On Thursday, the Supreme Court granted three weeks time to anti-caste activist and musical performer, Jyoti Jagtap, to file a rejoinder in support of her bail plea.
A division Bench of the Supreme Court comprising Justices Aniruddha Bose and Bela M. Trivedi was hearing Jagtap’s plea for grant of regular bail.
Read more


Supreme Court adjourns hearing on activist Jyoti Jagtap’s plea against HC order

21/09/2023

The Telegraph / by pti

Jagtap has moved the apex court challenging the October 17, 2022 order of the high court that refused to grant her bail
The Supreme Court on Thursday adjourned for four weeks a plea moved by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order denying her bail.
Read more


Also read:
Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
Hany Babu, three Kabir Kala Manch members denied bail in Bhima-Koregaon case (Free Press Journal / Feb 2022)

Three years have passed since Ramesh, Jyoti and Sagar were arrested in the Bhima Koregaon case

Three years have passed since Ramesh, Jyoti and Sagar were arrested in the Bhima Koregaon case

By Kabir Kala Manch via fb

… Three years have passed today since Ramesh Gaichor, Jyoti Jagtap, Sagar Gorkhe, the three artists and activists of Kabir Kala Mancha were arrested in the false case of Bhima Koregaon without any evidence under UAPA …
#FreeAllBK16
#FreeAllPoliticalPrisoners
Read more [Marathi]



by Apeksha Priyadarshini / @apeksha_9 (Sep 9)
Three Years of Injustice!
Free People’s Artists Jyoti, Ramesh and Sagar!
Free All Activists wrongfully incarcerated in the Bhima Koregaon case!
Repeal UAPA!
#FreeBK15 #baso



by ajay kasbe / @journalistajay_ (Sep 8)
#FreeAllPoliticalPrisoners #freeBk16 #releasesagar #releasejyoti #releaseramesh #bhimakoregaon #jaybhim #jaibheem


Also read/watch:
Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap (The Leaflet / Aug 2023)
Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022
Kabir Kala Manch: A History of Revolutionary Singing and State Repression (ritimo / April 2022)
The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)
Who are the three Kabir Kala Manch artistes arrested in the Bhima Koregaon case this week? (Scroll.in / Sep 2020)

SC asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap

SC asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap

Jyoti Jagtap

Supreme Court asks whether Gonsalves and Ferreira judgment “formula” can be applied to Jyoti Jagtap

22/08/2023

The Leaflet / by Sarah Thanawala

While granting bail to Vernon Gonsalves and Arun Ferreira, the Supreme Court had observed that the materials eluded to as part of incriminating evidence against the accused persons cannot justify their continued custody.
On Tuesday, the Supreme Court inquired whether the “formula” adopted in granting bail to Vernon Gonsalves and Arun Ferreira can be applied to the bail plea of anti-caste activist and musical performer, Jyoti Jagtap.
Read more


Does Jyoti Jagtap’s Case Fit `Formula´ in Which Gonsalves an Ferreira Were Granted Bail? Supreme Court Asks

22/08/2023

Live Law / by Awstika Das

Deciding the bail application of activist and Bhima Koregaon-accused Jyoti Jagtap would involve a determination of whether her case ‘fits the formula’ in which the bail pleas of co-accused Vernon Gonsalves and Arun Ferreira were decided, the Supreme Court orally observed on Tuesday, while adjourning Jagtap’s bail hearing until September 21.
Read more


On Jyoti Jagtap’s appeal for bail, Supreme Court gives NIA 2 more weeks to respond

22/08/2023

Hindustan Times / by Abraham Thomas

The Supreme Court said that it would assess at the next hearing in September if Jyoti Jagtap’s bail case fits into the formula it had laid down in July
The Supreme Court on Tuesday directed the National Investigation Agency (NIA) to respond to the bail request filed by Jyoti Jagtap, an accused in the Bhima Koregaon violence of 2018, and indicated that it may go by the “formula” laid down in the verdict that led to the grant of bail to two other accused, Vernon and Arun Ferreira, last month.
… Jagtap, who is a member of Kabir Kala Manch, was accused of having links with the banned terrorist organisation Communist Party of India (Maoist) and was denied bail by the Bombay High Court on October 17 last year.
Read more


Also read:
Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 2023)
● Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap (The Leaflet / Jul 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)

Birthday greetings to Jyoti Jagtap, who is spending her 3rd birthday in prison

Birthday greetings to Jyoti Jagtap, who is spending her 3rd birthday in prison

by InSAF India / @IndInsaf
On her 3rd birthday in prison we remember #JyotiJagtap who described #KabirKalaManch‘s songs as “grounded in our own life experiences to educate, give direction to laboring people and document their struggles …” #BhimaKoregaon16

by Meera Sanghamitra/ @meeracomposes

by Clifton D’ Rozario / @clifroz
The continued incarceration of Jyoti Jagtap and others arrested in the Bhima Koregaon case, after judgement of the Supreme Court granting bail to Vernon Gonsalves and Arun Ferreira, is unconscionable. Free them all!

by Dissc-Jamia Millia islamia @Dissc_jmi
Release Jyoti Jagtap
Free all Political Prisoners


Also read:
● Supreme Court allows respondents to file counter affidavits to bail plea of Jyoti Jagtap (The Leaflet / Jul 2023)
● SC issues notice to Maha, NIA on activist Jyoti Jagtap’s plea for bail (The Print / May 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)

The SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is Significant – Various Statements

The SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is Significant – Various Statements

Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here?

05/08/2023

The Leaflet / by Sarah Thanawala

The recent Supreme Court judgment granting bail to Vernon Gonsalves and Arun Ferreira after five years of incarceration without trial reiterates several established principles of law for the protection of individual liberty and overturns the infirmities in Zahoor Ahmad Watali and Arup Bhuyan (2023), but will it have a ripple effect on the cases of the more than four lakh undertails incarcerated in Indian prisons?
… the bail judgment holds that the letters recovered from the other co-accused persons, witness statements, or the mere possession of literature propagating violence or promoting the overthrow of democratically elected government, does not prove that the two accused were involved in terrorist acts within the definition of the UAPA.
Read more


Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant

30/07/2023

The Wire / by Mihir Desai

The judgment has substantial implications not just for the others still in jail in the Elgar Parishad case but also for the bail jurisprudence in UAPA cases.
The restrictive bail provisions of the Unlawful Activities (Prevention) Act have been widely used to deny personal liberty to activists, students, journalists and others.
… It is in this context that the July 28 bail judgment of the Supreme Court in Vernon Gonsalves and Arun Ferreira’s case needs to be seen. Undoubtedly for the two of them, who have been in jail for nearly five years, it has immense significance. But what should not be lost sight of is that the judgment also has substantial implications not just for the others still in jail in the Elgar Parishad case but also for the bail jurisprudence in UAPA cases.
Read more


Not Thwarted by Watali: Why Bail for Vernon Gonsalves & Arun Ferreira Matters

01/08/2023

The Quint / by Mekahala Saran

The Supreme Court judgment flatly refuses to accept the prosecution’s submissions without its own analysis.
In the days that followed Father Stan Swamy’s demise in 2021, the Bombay High Court is believed to have noted that he was “a wonderful person”. The eighty-four year old, a UAPA accused in the Bhima Koregaon case, was awaiting bail at the time of his death.
… So, when his co-accused Vernon Gonsalves and Arun Ferreira were finally granted bail, with the apex court shredding the prosecution’s case for their continued incarceration, Fr Stan Swamy’s friend Fr Joseph Xavier told The Quint that Fr Swamy would have been “very happy and proud to hear of this”, had he been alive.
Read more


On merits: On the Bhima Koregaon violence case

31/07/2023

The Hindu / Editorial

Following the Supreme Court bail order, the Bhima Koregaon case needs a re-look.
The Supreme Court order granting bail to activists Vernon Gonsalves and Arun Ferreira demonstrates how even under a stringent anti-terrorism law, denial of bail need not be the norm, and a preliminary assessment can lay bare the weaknesses of a police case. It is difficult for someone arrested under serious provisions of the Unlawful Activities (Prevention) Act (UAPA) to get bail.
… This is the first time in the Bhima Koregaon violence case, in which activists and lawyers were arrested in 2018 on the charge of being part of a Maoist conspiracy, a court has recorded a finding that the accusations may not be true.
Read more


Indian Church leaders welcome grant of bail to activists

31/08/2023

UCA News / by Michael Gonsalves

Arun Ferreira and Vernon Gonsalves with Father Stan Swamy and others were accused of plotting to overthrow government
Church leaders and rights activists have hailed the bail granted by India’s top court to co-accused of the late Jesuit priest Father Stan Swamy, booked under a terror-related law.
India’s Supreme Court granting bail to lawyer Arun Ferreira and trade unionist Vernon Gonsalves “is indeed a significant move,” Father Nicholas Barla, secretary of the Catholic Bishops’ Conference of India (CBCI) Commission for Tribal Affairs, told UCA News.
It will boost the morale of the other “activists working for the rights of tribal people, forest-dwellers, and Dalits (former untouchables),” he said.
Read more


What Next after the Vernon Gonsalves Judgment

30/07/2023

The Proof of Guilt / by by Abhinav Sekhri

A Division Bench of the Supreme Court has allowed appeals filed by Vernon Gonsalves and Arun Ferreira [Reported as Vernon v. State of Maharashtra, Crl. Appeal No. 639 / 2023 (Decided on 28.07.2023) (“Vernon”)] which challenged the dismissal of their bail applications by the Bombay High Court, and has directed that they must be released on bail. The judgment comes almost five years after their arrests, and has been welcomed as a ray of light in what is possibly one of the darkest corners of present Indian jurisprudence — grant of bail in cases under the Unlawful Activities (Prevention) Act 1967 (“UAPA”). I need not elaborate the reasons for this praise for Vernon here, all of which is merited, as these have been comprehensively discussed on the ICLP Blog. Instead, I wish to flag the challenges ahead that must be resolved to make sure that the judgment in Vernon is not reduced to a forgotten relic by the sands of time.
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Recovering the Basics: The Supreme Court’s Bail Order in Vernon Gonsalves’ Case

29/07/2023

Indian Constitutional Law and Philosophy / by Gautam Bhatia

Over the last decade, the bail provisions of the Unlawful Activities Prevention Act [“UAPA”] have been one of the most significant sites of constitutional struggles for personal liberty and State impunity (see  and ). A number of convergent factors (as discussed by Abhinav Sekhri in ) are responsible for this: the UAPA’s broadly-worded provisions (e.g. “membership” of terrorist gangs) lowers the threshold for initial arrest and custody, and the pace of the trial process means that years will pass before a final determination of guilt or innocence. In that context, bail is the only remedy that stands between an individual and a decade in jail without trial.
Read more


‘Brings Hope, But…’ Bhima Koregaon Families React to Gonsalves, Ferreira Bail

29/07/2023

The Quint / by Fatima Khan & Mekhala Saran

The Supreme Court has granted bail to Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon case.
Even as the Supreme Court granted bail on Friday, 28 July, to two accused in the Elgar Parishad case, Vernon Gonsalves and Arun Ferreira, the families of the other accused in the same case said that the verdict inspired some hope “but should not be celebrated too much.” Moreover, some even questioned the “insensitive bail conditions.”
Read more


Also read:
Why the Bombay High Court granted regular bail to Dr. Anand Teltumbde: An explainer (The Leaflet / Dec 2022)
A Professor’s Supreme Court Bail Hearing Is A Bellwether Case For Govt’s Use of India’s Anti-Terror Law (article14 / Nov 2022)

SC seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen

SC seeks response of NIA, Maharashtra government in bail pleas of Jyoti Jagtap, Shoma Sen

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


Also read:
Shoma Sen moves Supreme Court seeking bail (The Leaflet / Apr 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
Kabir Kala Manch incited hatred, passion at Elgar Parishad: Bombay High Court (India Today / Oct 2022)
The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn (article 14 / March 2022)