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Should anyone be jailed for shouting ‘murdabad’?/ Video: Personal Liberty and the Indian Courts

Should anyone be jailed for shouting ‘murdabad’?/ Video: Personal Liberty and the Indian Courts

posters by @/bakeryprasad

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).
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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.
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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).
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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.
…

Read full thread

Also read:
● Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
● Kabir Kala Manch Incited Hatred By Ridiculing Phrases Acche Din, Demonetization In Plays: Bombay HC [read order] (Live Law / Oct 2022)
● Supreme Court Stays Release Of Prof GN Saibaba & Others In UAPA Case, Suspends Bombay HC’s Acquittal Order (Live Law / Oct 15, 2022)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)

Download report

Video: Sudha Bharadwaj on activism, her time in jail & why Chhattisgarh will always be home

Video: Sudha Bharadwaj on activism, her time in jail & why Chhattisgarh will always be home


en | 13:32min | 2022

Newslaundry / by Manisha Pande; NL Interview

The trade unionist and lawyer sits down with Manisha Pande in Mumbai.
Sudha Bharadwaj loves mathematics, wonders whether she gave her daughter the “right” kind of childhood, and became a lawyer when she was 40 years old.
“Had I not become a lawyer,” she says, “I don’t think I would have been very easily accepted as a leader.”
Sudha was released from Mumbai’s Byculla Jail in December last year after spending three years in prison. She was arrested in connection with the #BhimaKoregaon violence and was repeatedly denied bail until December 1. She was also dubber an ‘urban naxal’ by TV channels that made little attempt to understand her work. Sudha says she now wants to go to her real home, to Chhattisgarh, where she’s lived since the 1980s.
In this interview, she talks about her childhood in Bilaspur and her educational journey, culminating in IIT Kanpur. Her mother, a #JNU professor, helped shape the ideology of this self-proclaimed #Marxist – though she confesses her mother had many “apprehensions” – who began working with trade unions at the age of 25.
Working with people on the ground, Sudha is only too aware of how “alien” the judicial process is to the majority of India’s population. “The notification comes out in the gazette. You are somewhere, miles away in a village which is not even accessible, and nobody even tells you about it,” she says. She also thinks it’s important for young lawyers to cut their teeth by representing the most marginalised.
In Byculla jail, where she remembers she once saw #RheaChakraborty, Sudha continued her work, trying to secure legal aid for those imprisoned with her. She believes in the importance of a “united front” – the farm law protests are an example, with people holding differing ideologies coming together – and worries that the lack of this unity gives rise to dogma.
Watch 13 min video clip here

by newslaundry (Oct 21, 2022):
‘He was never an opportunist in his politics.’ @Sudhabharadwaj talks about labour law leader and founder of the #Chhattisgarh Mukti Morcha Shankar Guha Niyogi and the actual movement that led to his assassination.
Watch video clip (3:46min)

by newslaundry (Oct 20, 2022):
In conversation with @MnshaP @Sudhabharadwaj details the #Sarkeguda encounter case in #Chhattisgarh’s Bijapur district in which unarmed villagers including minors were killed, and the legal battle that ensued.
Watch video clip (4:30min)

by newslaundry (Oct 19, 2022):
‘So much money goes to defend the state.’ Speaking with @MnshaP, @Sudhabharadwaj
talks about legal aid in India and how there is no level playing field for citizens.
Watch video clip (2:34min)

Watch the full interview (for subscribers only) here

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

28/09/2022

By V. Suresh, Madhura SB and Lekshmi Sujatha (PUCL)

Study of UAPA Abuse in India, 2009 – 2022
Published: Sep 28, 2022
41 pages
PUCL’s study on the use and abuse of UAPA covering the period between 2009 and 2022, with special emphasis on the NIA. A first in the series of a larger collaborative work as part of #RepealUAPA campaign.
Download report

PUCL report alleges abuse of Unlawful Activities (Prevention) Act

02/10/2022

The Hindu / by The Hindu Bureau

Report by the People’s Union for Civil Liberties says ‘suo motu power’ by Centre to transfer investigation from the State police was a ‘serious threat to federalism’
The People’s Union for Civil Liberties (PUCL) has released a report titled ‘UAPA: Criminalising Dissent and State Terror’ on the alleged abuse of the legislation during 2009-22, and demanding the law be repealed.
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97.2% of UAPA accused jailed for long periods and eventually acquitted, study finds

02/10/2022

The News Minute / by Jahnavi Reddy

The PUCL study found that 8,371 persons were arrested under the Unlawful Activities Prevention Act between 2015 and 2020, while only 235 were convicted under the draconian anti-terror law in the same period.
A total of 8,371 persons were arrested in 5,924 cases under the draconian Unlawful Activities Prevention Act (UAPA) across India between 2015 and 2020, according to a report by the People’s Union for Civil Liberties (PUCL), which sheds light on the Union government’s alleged abuse of the anti-terror law and calls to repeal it. In the same period, however, only 235 persons were convicted under the UAPA.
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MRSD: Release Activist Vernon Gonsalves on immediate Medical bail

MRSD: Release Activist Vernon Gonsalves on immediate Medical bail

By Mumbai Rises to Save Democracy

PRESS STATEMENT
Statement by Mumbai Rises to Save Democracy – a campaign of 40+ civil society groups

MRSD is distressed to learn about the health situation of 65 year old activist, poet, and writer Vernon Gonsalves, incarcerated since 2018 in the Bhima Koregaon/Elgar Parishad case. Gonsalves started developing several symptoms, such as fever, cough, dizziness, and nausea starting on August 30, as per the affidavit filed by his lawyers in Court. However, his health condition was met with neglect and it was only after pleading several times that he was finally taken to the state-run JJ hospital on September 6. Instead of continuing his treatment there, he was taken back to jail the same day. Upon hearing about this from other co-accused, Gonsalves’ lawyers and family members moved the NIA court seeking temporary bail on medical conditions. During the hearing, the lawyers told the Court that apart from Dengue, he may also be suffering from Pneumonia. …

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“Free them all!” A call of solidarity with political prisoners in India, America, and beyond

“Free them all!” A call of solidarity with political prisoners in India, America, and beyond

“Free them all!” A call of solidarity with political prisoners in India, America, and beyond

08/08/2022

SASW / by Padma B and Beena Sarwar

… Whereas ‘fascism’ isn’t a phrase to be taken evenly, it’s tough to keep away from given how political dissent is being crushed in numerous nations. This got here by in shows at a current seminar within the Boston space about political repression and incarceration in India and the USA.
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Video: Political Incarceration and Resistance in India and the United States

31/07/2022

en | 1h26min | 2022

By Boston South Asian Coalition & Jericho Boston

1. Resisting the Political Incarceration in India. Speakers: Kavita Srivastava is the national secretary of the People’s Union of Civil Liberties (PUCL). She is a dedicated human rights worker, working collectively towards restoring democracy, justice and ending inequalities. Prachi Teltumbde is a doctor and researcher based in London. She is also the daughter of Anand Teltumbde, a prominent public intellectual and one of the BK 15.
2. Mumia Abu Jamal’s Monumental Struggle Against Corruption and Empire. Speaker: JD

The demand to release incarcerated political activists in South Asia and the United States is gaining momentum. The incarceration of Bhima Koregaon 15 (BK 15), the institutional murder of Father Stan Swamy, and recent arrest of Teesta Setalwad and Mohammad Zubair has been condemned worldwide. In the US, the struggle continues to release the famous political prisoner Mumia Abu Jamal, well known for his powerful struggle against the Philadelphia political machine and analysis of current events. Boston South Asian Coalition’s (BSAC) and Jericho Boston are holding a joint event on July 30th (Saturday) 11:30am EST to discuss the state of political prisoners in India and the US.
Watch video

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

12/05/2022

By Peoples Union for Civil Liberties (PUCL)

Press release
The Peoples Union for Civil Liberties welcomes the order of the Supreme Court dated 11.05.22 in the petition filed by Army veteran Major-General SG Vombatkere (Retired) as well as PUCL and a range of other petitioners challenging the constitutional validity of Section 124-A of the Indian Penal Code, 1860.  In its petition, the PUCL had pleaded that owing to the development of constitutional law, the law of sedition of the colonial era had no place; it was overbroad, vague, arbitrary, violating the sacrosanct freedom of speech and expression, hence it was imperative to strike it down as it was unconstitutional.
Read full statement

Will SC’s Sedition Order Mean Relief for Delhi Riots, Bhima Koregaon Accused?

12/05/2022

The Quint / by Mekhala Saran

Simply put: the Supreme Court’s order in the pleas challenging the sedition law is unlikely to do so. Here’s why…
“I have every right to criticise the government. BJP-RSS do not constitute country. They do not constitute nation. They have taken a jibe against Modi, against his policies. How is this sedition?” Advocate Nihalsingh Rathod, appearing for Ramesh Gaichor and Sagar Gorkha — two of the accused in the Bhima Koregaon case — had told a special court in November 2021.
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Suspending sedition: No cause for celebration

13/05/2022

Deccan Herald / by Shikha Mukerjee

There really is no cause for celebration after the conditional suspension of the infamous Section 124 A, otherwise known as the Sedition Act of 1870. The statute books have so many other equally infamous laws, starting with the Unlawful Activities (Prevention) Act amended and strengthened in 2019, and the 2019 expansion of the National Investigation Agency Act that dumping a “colonial-era” law and claims to be respectful of human rights and liberties is a phoney gesture.
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Umar Khalid statement that he was invited to Elgar Parishad among additional evidence submitted by NIA

Umar Khalid statement that he was invited to Elgar Parishad among additional evidence submitted by NIA


Drawing by Arun Ferreira

Umar Khalid Claims He Was Invited To Elgar Parishad By Former Judge Of Bombay High Court

17/04/2022

Live Law / by Live Law News Network

The National Investigating Agency (NIA) submitted a bunch of additional documents and witness statements to the court in the 2018 Bhima Koregaon – Elgar Parishad Case, in which student rights activist Umar Khalid claims that he heard that BJP-RSS persons had attacked visitors at the Bhima-Koregaon, near Pune.
On January 1, 2018 several Dalit’s had gathered to commemorate a 200th anniversary of the battle in which the British, with the support of Dalits, defeated the Peshwa army.
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Former Bombay High Court judge Justice BG Kolse-Patil invited me to Elgar Parishad: Umar Khalid to NIA

15/04/2022

Bar & Bench / by Neha Joshi

The statement by Khalid forms part of the additional documents which the central agency submitted to the Special NIA Court in Mumbai in the Bhima Koregaon riots case of 2018 allegedly linked to the Elgar Parishad event.
The National Investigation Agency (NIA) has recorded statement of former Jawaharlal Nehru University (JNU) student and member of Unite against Hate organisation Umar Khalid in connection with the Bhima Koregaon case of 2018 allegedly linked to the Elgar Parishad event of December 31, 2017.
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Umar Khalid statement among additional evidence submitted by NIA to court

15/04/2022

The Indian Express / by Sadaf Modak

In the evidence submitted to the court, the NIA has included the statement of Khalid, recorded in the office of the deputy superintendent of Tihar jail in New Delhi, where he is lodged in connection with the Delhi riots case.
Nearly two years since the last arrests were made in the Elgaar Parishad case, the National Investigation Agency (NIA) last week submitted before the special court additional evidence running into seven volumes, including the statement of student activist Umar Khalid and documents related to Stan Swamy, the Jesuit priest who passed away last year while in judicial custody.
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Heard of BJP-RSS attack day after being at Elgar Parishad, says Umar Khalid

15/04/2022

The Times of India / by Rebecca Samervel

Among the additional documents submitted as evidence against the accused in the Elgar Parishad case is the statement of former JNU student leader Umar Khalid, who said that a day after attending the Elgar Parishad meeting in Pune, where he delivered a speech, he came to know that BJP and RSS members attacked those who had come to visit Koregaon Bhima.
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Opposition MPs urge Narendra Modi to free jailed activist / Full statement

Opposition MPs urge Narendra Modi to free jailed activist / Full statement

MPs write to PM, asking for immediate release of all arrested in Bhima Koregaon case

01/02/2022

By CPI (M)

click to enlarge

Bhima Koregaon case: Opposition MPs urge Narendra Modi to free jailed activists

07/02/2022

Scroll.in / by Scroll Staff

The MPs alleged that evidence was planted against the accused persons.
Members of several Opposition parties have written a letter to Prime Minister Narendra Modi seeking immediate release of academicians, lawyers and activists detained in the Bhima Koregaon case.
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Grant Bail to Activists Arrested in Elgar Parishad Case, MPs Say In Letter to Modi

07/02/2022

The Wire / by The Wire Staff

The letter, signed by 20 MPs, expresses “deep concern at the media and cyber-forensic expert reports indicating that Indian citizens have been attacked with illegal cyber weapons”
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Also read:
● Arsenal Report No. 4 Confirms Pegasus Attack on IPhone of Rona Wilson, Key BK Accused (PUCL / Dec 2021)

India’s government unleashing controversial UAPA as means of silencing civil rights activists

India’s government unleashing controversial UAPA as means of silencing civil rights activists

Daily Maverick / By Anandaroop Sen

In this interview, Anandaroop Sen, a senior lecturer in history at the University of Cape Town, talks to Kavita Srivastava, the President of the Rajasthan Chapter of the People’s Union for Civil Liberties and one of India’s most respected activists, about the clampdown and what it represents for the future of human rights in India.

Anandaroop Sen (AS): Could you begin by giving the context in which the 16 Indian academics, activists, lawyers, popularly known as the Bhima Koregaon 16 (BK 16) have been imprisoned by the Narendra Modi-led BJP government for the last three years.
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Indian anti-terror law snags more than terrorists / 4,690 UAPA arrests; 3.1% convictions

Indian anti-terror law snags more than terrorists / 4,690 UAPA arrests; 3.1% convictions

Indian anti-terror law snags more than terrorists

22/12/2021

Yahoo News / by Sarita Santoshini

Pendyala Pavana is no stranger to the world of social activism and government repression. Ever since she was a child she has seen her father, a revolutionary poet and activist, subjected to repeated criminal charges, accused of everything under the sun, including murder.
Twenty-four times he has been charged; 24 times he has been found not guilty. Still, Ms. Pavana is shocked by the way her father, Varavara Rao, is being treated in his latest ordeal. “It’s quite against natural justice, and his rights are completely denied,” she says.
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4,690 UAPA arrests between 2018-21; only 3.1% convictions

22/12/2021

The Federal / by The Federal

Authorities arrested 4,690 people across India under the Unlawful Activities (Prevention) Act (UAPA) between 2018 and 2021, but only 149 detainees have so far been convicted, according to figures provided by the government.
That means only 3.1 per cent of the arrests under the draconian law in the past three years have ended in convictions.
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