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Video: Vernon v. State of Maharashtra: A Breakthrough in Bail Jurisprudence under the UAPA?

Video: Vernon v. State of Maharashtra: A Breakthrough in Bail Jurisprudence under the UAPA?

by PUCL India / @PUCLindia (Aug 7, 2023)

Arun Ferreira and Vernon Gonsalves were released after 5 years in jail!
Join our discussion on their bail order and to understand its implications! How can we advocate for the release of all political prisoners arrested under UAPA?


en | 1:29:01 | 2023
Watch video


UAPA disproportionately targets religious, ethnic minorities: Activist

10/08/2023

News Trail / by Umar Sharieef | NT

Discussing the Supreme Court’s decision in granting bail to activists Vernon Gonsalves and Arun Ferriera accused in connection with the Elgaar Parishad case, members from People’s Union for Civil Liberties said the bail order has significant implications for bail jurisprudence under the Unlawful Activities (Prevention) Act, UAPA, in the framework of criminal law.
The members highlighted the top court’s bail-granting powers under the UAPA, which flows from the Zahood Ahmad Watali judgment.
Read more


Also read/watch:
PUDR welcomes the release on bail of Vernon Gonsalves and Arun Ferreira today, but protests onerous bail conditions (PUDR / Aug 6, 2023)

● Video: Personal Liberty and the Indian Courts

en | 1h 42min | 2022
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)

● Repeal UAPA – Persecution by Prosecution

Three Day consultation on 20th, 21st and 22nd January, 2021

► Repeal UAPA – Day Three (en + … | 2h 51min | Jan 2021)
► Repeal UAPA – Day Two (en +… | 2h 22min | Jan 2021)
► Repeal UAPA – Day One (en + … | 2h 17min | Jan 2021)

National Campaign to Defend Democracy: 5 years of unjust incarceration under fabricated evidence

National Campaign to Defend Democracy: 5 years of unjust incarceration under fabricated evidence

Counterview / by National Campaign to Defend Democracy


The National Campaign to Defend Democracy which is a coalition of over 100 organisations working on human rights issues would like bring to your attention the situation of five years of unjust incarceration under false and fabricated evidence of some of India’s finest intellectuals, thinkers, activists and lawyers.
This injustice which goes by the name of the Bhima Koregaon – Elgar Parishad Conspiracy case – started its nightmarish journey five years ago. Even as of today, 16 noted academics, intellectuals, lawyers, writers, poets, activists, stand charged with conspiring to overthrow the elected government, indulging in terrorist acts, sedition etc., although the evidence the back these tall claims of high treason is still absent.
Read full statement


Also read:
NIA gets more time to reply to plea for furnishing copies of evidence to the accused (The Leaflet / July 2023)
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)

Video: Remembering Father Stan and demand justice for the BK-16!

Video: Remembering Father Stan and demand justice for the BK-16!

Remembering Father Stan and demand justice for the BK-16!

05/07/2023

By People’s Union for Civil Liberties (PUCL) / fb Videos

Announcement
Join us to remember Father Stan Swamy, and demand justice for his institutional murder.
We will have family members and friends of the accused in the Bhima Koregaon case, speak about the experience of the prison conditions and this unjust prolonged arrest.
We will also be joined by political leaders, international human rights organisations and lawyers, to help take the campaign forward to defend democracy!
Repeal UAPA!
Release all political prisoners!

en / hindi | 2:49:57 | 2023
Watch recording


Let’s Not Forget Father Stan Swamy!

08/07/2023

Rediff.com / by Jyoti Punwani

The tributes to Father Stan by his associates and his co-accused (which were read out) provided a clue to why his death continues to touch so many.
“We don’t want this to be forgotten or forgiven.” — senior advocate Mihir Desai.
“Do not forget, do not forgive.” This theme ran through the Zoom meeting organised by the National Campaign to Defend Democracy, a coalition of human rights groups, on the second anniversary of Father Stan Swamy’s death.
Read more


Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy

05/07/2023

People’s Union for Civil Liberties fb Videos / by Ashirvad and PUCL Karnataka

Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy
Fr. Frazer, Dr. V Suresh and Maitreyi

en | 18:19min | 2023
Watch recording Part 1

en | 1:07:37 | 2023
Watch recording Part 2

Let us remember Father Stan Swamy and take forward his legacy! Justice for the BK16!

Let us remember Father Stan Swamy and take forward his legacy! Justice for the BK16!

by PUCL India / @PUCLindia (July 4, 2023):
The National Campaign to Defend Democracy, a coalition of over 150 organisations, is hosting a discussion tomorrow at 9 PM to remember Father Stan Swamy & talk about the stories of the accused in the Bhima Koregaon case.
Let’s demand immediate bail and release of all the BK16!


by PUCL India / @PUCLindia (July 4, 2023)
PUCL Karnataka is hosting an event tomorrow at @AshirvadSocial at 5:45 PM!
Join @VSuresh_Rights, Fr. Frazer Mascarenhas and Maitreyi Krishnan (@AilajHq) for a discussion on the work & life of Father Stan Swamy, the abuse of draconian laws like UAPA & the rights of prisoners.


by Jesuit conference of South Asia / @JCSADelhi
On the occasion of the 2nd Death Anniversary of Stan Swamy, you are invited to join a panel discussion on civic literacy and political participation.
#StanSwamy

by Jesuit conference of South Asia / @JCSADelhi (Jul 4, 2023):
We pay tribute to our martyr, Fr. Stan Swamy, on the occasion of the second anniversary of his martyrdom.
#StanSwamy #ReleaseAllPoliticalPrisoners


Stan Swamy Commemorative Convention

by Justice for Father Stan Swamy / @FreeFrStanSwamy (June 23, 2023):
Stan Swamy Commemorative Convention
Children’s Theatre Park, Ernakulam
5th July,
3 p.m. IST


Human rights activists to hold Sankalp Sabhas on July 5

04/07/2023

The Telegraph / by Animesh Bisoee

Activists in Jharkhand have decided to take a pledge to continue their fight for jal, jungle and jameen, along with a demand for punishment to those responsible for ‘murder’ of Stan Swamy.
Human rights activists in Jharkhand have decided to take a pledge to continue their fight for jal (water), jungle (forest) and jameen (land), along with a demand for punishment to those responsible for the “murder” of Stan Swamy, on July 5 which marks the third death anniversary of the Jesuit priest.
Read more


The Challenge to Live Fr. Stan Swamy’s Legacy Today!

04/07/2023

Countercurrents.org / by Cedric Prakash

… Given the grim realities which throttle the nation today, one person whose physical presence is greatly missed today is that of Jesuit Father Stan Swamy. Two years ago on 5 July 2021, he said ‘good-bye’ to us, having completed his pilgrimage here on earth. He was arrested on 8 October 2020 on fabricated charges, incarcerated in the Taloja jail where he suffered very much. His terrible and untimely death is regarded by many as ‘institutional murder’. He has still not been declared ‘innocent’ by the courts. However, Stan (as he was called by all very lovingly) the man, mission and message -lives on in the hearts and lives of thousands everywhere. He has left us with a rich legacy and challenges us to live that legacy today.
Read more


Also read/watch:

Video: Testimony of Stan Swamy, two days before his arrest on 8 October 2020.


en | 7:48 min | Oct 6, 2020
Watch video

I am not a Silent Spectator – Why Truth has become so bitter, Dissent so intolarable, Justice so out of reach

An Autobiographical Fragment, Memory and Reflection


Indian Social Institute, Bangalore | by Stan Swamy | August 2021
Edition: Aug 2021
Publisher: Indian Social Institute, Bangalore
Language: English
Paperback: 149 pages
Access a free PDF copy of the book here

Digital archive on Adivasis named after Father Stan Swamy / Justice for Stan Swamy

Digital archive on Adivasis named after Father Stan Swamy / Justice for Stan Swamy

Independent filmmaker sets up digital archive on Adivasis named after Father Stan Swamy

25/06/2023

The Telegraph / by Animesh Bisoee

The Stan Swamy Archive of Adivasi Narratives is available on YouTube as a repository of videos on the tribal way of life, interviews with achievers and common Adivasis and their problems
An independent filmmaker and poet has set up a digital archive on Adivasis named after Father Stan Swamy, the Jesuit priest and tribal rights activist who died in custody in July 2021 and became a symbol of State repression.
Read more


Stan Swamy Commemorative Convention

by Justice for Father Stan Swamy / @FreeFrStanSwamy
Stan Swamy Commemorative Convention
Children’s Theatre Park, Ernakulam
5th July,
3 p.m. IST


Equality, Liberty, Fraternity: During Emergency and at Present

by Justice for Father Stan Swamy / @FreeFrStanSwamy / program by (PUCL Delhi)
Gandhi Peace Foundation,
New Delhi
24 June,
5.30 p.m. IST


Also read:
● Vigil for Stan Swamy (jesuits.org.uk / June 2023)
● Remembering Stan Swamy. July 5, 2022

PUCL: Five Years of Bhima Koregaon – Release Them All (video)

PUCL: Five Years of Bhima Koregaon – Release Them All (video)


hindi/en | 1h 55min | 2023

By People’s Union for Civil Liberties (PUCL)

Friends,
Join us in remembering the 16 human rights activists who are still charged in the Bhima Koregaon case – many of whom have now spent more than 5 years in jail!

Let us remember
– the quiet dignity of Fr Stan Swamy, even as he lost his life in jail, incarcerated under false charges;
– the mounting injustice of Surendra Gadling, Shoma Sen, Sudhir Dhawale, Rona Wilson,  Mahesh Raut, Arun Ferreira and Vernon Gonsalves  spending 5 years in jail,
– the trials and tribulations of the young Jyoti Jagtap, Ramesh Gaichor and Sagar Gorkhe of KKM,  and Prof Hany Babu, arrested later
– and Sudha Bharadwaj, Varvara Rao, Anand Teltumbde and Gautam Navlakha, who are on bail, but still not free

Watch recording @ PUCL fb

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).
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.

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.
Read more


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.
Read more

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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