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Hunger strike called off for now | Not Produced in Court Despite Directions – Elgar Parishad Accused Go on Hunger Strike

Hunger strike called off for now | Not Produced in Court Despite Directions – Elgar Parishad Accused Go on Hunger Strike

Elgaar Parishad case undertrials on protest path for not being produced in court for successive hearings

20/10/2024

The Telegraph / by Pheroze L. Vincent

Non-availability of police escorts is a common reason for undertrials not being produced in courts across India
Seven inmates at the Taloja Central Prison in Navi Mumbai, awaiting trial in the 2018 Elgaar Parishad case, on Saturday evening ended the hunger strike that they had started on Friday to protest against police who didn’t produce them in court for successive hearings.
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by Sukanya Shantha @ sukanyashantha (Oct 20)

Update: The hunger strike has been called off for now.
The prison officials submitted an urgent application to the court & have assured them that they’ll be a produced before the NIA court on Oct 24.
If the seven men aren’t presented then, they plan to resume their hunger strike.

Not Produced in Court Despite Directions, Seven Elgar Parishad Accused Go on Hunger Strike

18/10/2024

The Wire / by The Wire Staff

The activists have not been produced before the court for the last three hearings in the case. Seven human rights defenders facing prolonged incarceration in the infamous Elgar Parishad case went on a hunger strike on Friday (October 18).
The activists have not been produced before the court for the last three hearings in the case. Today, despite a court order, the Navi Mumbai police failed to provide an escort team to take the incarcerated individuals from the Taloja central prison to the special National Investigation Agency (NIA) court located in south Mumbai, prompting the activists to announce their hunger strike.
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The SC Is Making Bail Easier In Terrorism, Money Laundering Cases – Except When It Ignores Itself

The SC Is Making Bail Easier In Terrorism, Money Laundering Cases – Except When It Ignores Itself

Article 14 / by Areeb Uddin Ahmed

11 Supreme Court rulings over 10 months appear to be reshaping bail jurisprudence in India, especially with regard to India’s terrorism and money laundering laws, often used to incarcerate many without bail for years. Despite these landmark judgements, the Supreme Court has also avoided deciding bail on high-profile cases important to the government, in so doing ignoring its own rulings.
At least 11 Supreme Court rulings over 10 months granting bail appear to be gradually reshaping bail jurisprudence in India, especially with regard to India’s terrorism and money laundering laws. 
The restrictive bail provisions of these laws have been frequently used to keep accused, mostly protestors, poets, Opposition politicians, dissidents, academics and artists, in jail with no sign of trial.
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Also read:
▪ SC adjourns hearing on bail plea of Bhima Koregaon case accused Jyoti Jagtap (Hindustan Times / Jul 2024)
▪ Bombay HC rejects default bail of five accused in Bhima Koregaon case (Scroll.in / Jul 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

How the State uses ‘national security’ to spellbind the process of justice

How the State uses ‘national security’ to spellbind the process of justice

The Leaflet / by Gursimran Kaur Bakshi

As the J&K High Court recently reiterated, allegations of ‘terrorism’ have become a copy-paste template that the State uses to muffle dissent, but why do courts freeze the process of criminal justice on hearing ‘national security’?
…
The jurisprudence has resulted in widening the coercive powers of the police and investigation agencies. Since the court only forms its assessment on broad probabilities, a pattern has emerged from the evidence submitted by the prosecution in a wide range of UAPA cases where there is a similarity in terms of enormous allegations running into thousands of pages, generalised testimonies of witnesses; most of which are protected witnesses, lack of incriminating evidence and heavy reliance on electronic evidence and literature.
There are similarities in three specific instances: those arrested in the backdrop of the 2018 Bhima-Koregaon violence, deoperationalisation of Article 370, and 2020 Northeast Delhi riots.
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Also read:
▪ Article 21 ‘overturned’ by new criminal laws: Lawyers, activists remember Stan Swamy (Counterview / Jul 2024)
▪ Authorities must immediately repeal repressive new criminal laws (Amnesty International / Jul 2024)
▪ A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism (The Wire 7 Jul 2024)
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)

HC Rejects Default Bail To Surendra Gadling, Shoma Sen, Mahesh Raut, Sudhir Dhawade & Rona Wilson

HC Rejects Default Bail To Surendra Gadling, Shoma Sen, Mahesh Raut, Sudhir Dhawade & Rona Wilson

Bombay HC rejects default bail of five accused in Bhima Koregaon case

26/07/2024

Scroll.in / by Scroll Staff

The petitioners had moved the High court challenging special court orders in 2022 that denied them default bail.
The Bombay High Court on Friday rejected the default bail petitions of five persons accused in the Bhima Koregaon case, Bar and Bench reported.
A division bench of Justices AS Gadkari and Shyam C Chandak issued the order on petitions filed by lawyer Surendra Gadling, activist and researcher Rona Wilson, poet and political commentator Sudhir Dhawale, forest rights activist Mahesh Raut, and former Nagpur University professor Shoma Sen.
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Bombay High Court rejects default bail of five accused

26/07/2024

Bar & Bench / by Satyendra Wankhade

A Division Bench of Justices AS Gadkari and Shyam C Chandak passed the order on pleas filed by the five accused challenging 2022 special court orders that denied them default bail.
The Bombay High Court on Friday denied default bail to Surendra Gadling, Mahesh Raut, Rona Wilson, Sudhir Dhawale and Shoma Sen in connection with the Bhima Koregaon violence case.
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Bombay HC dismisses default bail pleas of 5 accused in Elgaar Parishad case

26/07/2024

The Indian Express / by Express News Service

The case dates back to the Elgaar Parishad event held in Shaniwar Wada in Pune on December 31, 2017, following which violent clashes broke out the next day between Maratha and Dalit groups near Bhima Koregaon in Maharashtra.
The Bombay High Court on Friday dismissed default bail pleas by five Elgaar Parishad case accused Surendra Gadling, Rona Wilson, Sudhir Dhawale, Mahesh Raut and Shoma Sen who were arrested by the Pune police in June 2018. The Supreme Court had granted regular bail to Sen in April.
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Bombay High Court Rejects Default Bail To Surendra Gadling, Shoma Sen, Mahesh Raut, Sudhir Dhawade & Rona Wilson

26/07/2024

Live Law / by Narsi Benwal

The Bombay High Court today rejected the default bail to Dalit rights’ activist and advocate Surendra Gadling and co-accused Mahesh Raut, in the infamous Elgar Parishad case of 2018.
A division bench of Justices Ajay Gadkari and Shyam Chandak pronounced the order in their chamber. Bail was also denied to Nagpur University professor Shoma Sen, Sudhir Dhawade and researcher Rona Wilson.
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Also Read:
▪ Explained: The Shoma Sen bail judgment (The Leaflet / Apr 2024)
▪ 4 accused seek bail from Bombay HC on parity with Sudha Bharadwaj (India Today / March 2023)
▪ Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused (The Leaflet / Dec 2021)

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Jacobin.com / by Safa Ahmed

Since reaching power, Narendra Modi’s Bharatiya Janata Party has jailed political critics using bogus terrorism and incitement charges. But an electoral setback for his party offers hope of change in India and a crack in his authoritarian Hindutva order.
… There are those who do make it out of prison. But in one harrowing case, imprisonment under the UAPA became a death sentence. In 2018, violent clashes broke out between Dalits and Hindu militant groups in Bhima Koregaon, a village in Maharashtra state. Instead of arresting any militants, police in the state arrested sixteen eminent activists, academics, and lawyers over the next two years — all of whom were involved in civil rights work supporting marginalized Dalits and tribal Adivasi communities.
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Video: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

By The Telegraph

en | 4:45 | 2024
From Kashmir to Pune, from the barrage of detainees from the CAA-NRC protests to the Delhi riots case accused to the infamous Bhima Koregaon arrests, Prime Minister Narendra Modi’s time in office has been marked by a number of ‘political prisoners’ who remain indefinitely behind bars, with their trials still pending.
Watch video

Read more: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial (The Telegraph / June 2024)

Also Read:
▪ How The Indian Prison System Denies Basic Freedoms, Rights And Dignity To Political Prisoners (The Polis Project / June 2024)
▪ The Opposition Must Demand the Release of all Political Prisoners (The Wire / June 2024)
▪ Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)

Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

The Telegraph / by Telegraph Web Desk

From Kashmir to Pune, here are some of the most high-profile names in India’s prisons for whom the criminal justice process has been made the punishment
From the barrage of detainees from the CAA-NRC protests to the infamous Bhima Koregaon arrests, Prime Minister Narendra Modi’s time in office has been marked by a number of ‘political prisoners’ who remain indefinitely behind bars, with their trials still pending.
Read more

Also read:
▪ 7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence (Live Law / May 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

In What Language Does Truth Speak to A Tormented People. Statement by Sudhir, Rona, Surendra & Mahesh

In What Language Does Truth Speak to A Tormented People. Statement by Sudhir, Rona, Surendra & Mahesh

The Wire / by Sudhir Dhawale, Rona Wilson, Surendra Gadling and Mahesh Raut

Intimations on the sixth year of continuing incarceration of the BK-16.
We live in a moment where truth is treason. Under the fascist onslaught of Brahmanical Hindutva, truth has become consumed with fear – the fear of being watched, being surveilled, being criminalised, neutralised, or even eliminated. But the fear, at the end, is itself a whistleblower.
We, the BK 16, known after the eponymous Bhima Koregaon case, complete six years of incarceration on June 6, 2024 under the stringent anti-terror law, UAPA [Unlawful Activities (Prevention) Act], where the onus is on the accused to prove their innocence; under heavy odds against the Modi dispensation that dubs speaking truth to power treason, anti-Hindu, an act of terror.
Read full statement

Also read:

‘We are all prisoners of conscience’, say those facing trial in Bhima Koregaon case on the occasion of fourth anniversary of their arrests (The Leaflet / June 2022)

Join Protest: June 6 Marks The Sixth Year Of Wrongful Incarceration In Bhima Koregaon Case

Join Protest: June 6 Marks The Sixth Year Of Wrongful Incarceration In Bhima Koregaon Case

by Campaign Against State Repression (May 27):
6 Years Of Wrongful Incarceration In Bhima Koregaon case
JOIN Demonstration at Jantar Mantar 6 June
Release All Political Prisoners !!
Repeal UAPA !!
Repeal NIA !!

Also read:
▪ CASR: Release activists incarcerated in Bhima Koregaon Case (Countercurrents.org / June 2023)
▪ Five years behind bars for five activists – Without bail, without charges being framed, without justice! (PUDR / June 2023)
▪ CDRO: Five Years Since The First Arrests In Bhima-Koregaon Case (Countercurrents.org / June 2023)


‘We are all prisoners of conscience’, say those facing trial in Bhima Koregaon case on the occasion of fourth anniversary of their arrests (The Leaflet / June 2022)

▪ IAPL: Unite against State Repression on Peoples Movements! (Indian Association of People’s Lawyers (IAPL) / July 2018)
▪ IAPL press note about arrest of Advocate Gadling & other people’s activists (Sanhati / June 2018)
▪ PUCL Statement condemning Arrests of Activists in Maharashtra (Kractivist.org / June 2018)

Arrested: June 6, 2018

 

by Campaign Against State Repression

Release All Political Prisoners !!

JOIN Demonstration at Jantar Mantar 6 June
Release All Political Prisoners !!
Repeal UAPA !!
Repeal NIA !!


Also read:
▪ 7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence (Live Law / May 2024)
▪ SC grants bail to Gautam Navlakha: All about the Bhima Koregaon violence case, other accused (The Indian Express / May 2024)
▪ Bhima Koregaon: The process continues to clot as punishment as another year passes by (The Leaflet / Jan 2024)

‘BK 16’: Victims of Digital Invasion of the State / The Bhima Koregaon saga of injustice

‘BK 16’: Victims of Digital Invasion of the State / The Bhima Koregaon saga of injustice

‘BK 16’: Victims of Digital Invasion of the State

31/05/2024

Countercurrents.org / by Mubashir VP

Hindutva fascism grew and rose to power by abusing the facilities of formal democracy, spreading hatred under the guise of freedom of speech.
The Bhima Koregaon case and the arrests and imprisonment of human rights activists under the UAPA Act, which critics point out as an example of human rights violations stretching back to the two terms of the Narendra Modi government, have drawn much attention internationally. Moreover, it became notorious as a sign of the government’s reactionary approach to democratic rights, intolerance of dissident voices, and an attempt to terrorise civic life.
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The Bhima Koregaon saga of injustice

31/05/2024

Tribune India / by Julio Ribeiro

Charges yet to be framed against the accused, even though the first arrests were made in 2018
ALPA Shah, whose family hailed from Gujarat, was raised in Nairobi, where my deceased wife, Melba, was born and lived till the age of 10. The Mau Mau movement in Kenya forced many families of Indian origin to leave that country. The Menezes of Goa – to which my wife belonged – was among the few families that returned to India. They sailed back to Goa, while Alpa emigrated to England.
Read more


March 2024 | Scroll.in | by Alpa Shah
An excerpt from ‘The Incarcerations: Bhima Koregaon and the Search for Democracy in India’, by Alpa Shah.
Read excerpt

The Bhima Koregaon Case: A Grave Injustice and Human Rights Crisis

31/05/2024

Radian News / by Mohd Naushad Khan

The Bhima Koregaon case is a complex legal and political matter in India, stemming from the violence that occurred on January 1, 2018, during the bicentenary celebration of the Battle of Bhima Koregaon in Maharashtra. This event holds significant historical importance, particularly for Dalits, who commemorate the British East India Company’s defeat of the Peshwa forces as a symbol of resistance against caste oppression.
Read more

Also read:
▪ Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
▪ Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case (Mumbai Rises to Save Democracy / Dec 2022)
▪ Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
▪ Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)
▪ They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Was the trial judge who convicted GN Saibaba biased? We will never know, and that is part of the injustice

Was the trial judge who convicted GN Saibaba biased? We will never know, and that is part of the injustice

Was the trial judge who convicted G.N. Saibaba biased? We will never know, and that is part of the injustice

24/03/2024

The Leaflet / by Nihalsing Rathod

The injustice of a trial judge filling the gaps in the prosecution’s case (which relied on ‘evidence’ in the form of bananas, umbrellas and newspaper cuttings) with judicial overreach to chop ten years off Professor G.N. Saibaba’s life.
The Nagpur Bench of the Bombay High Court heard the appeal against the conviction of Prof. G.N. Saibaba and five others, twice. In both the judgments, it set aside the conviction.
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Branded Maoist, ex-political prisoners narrate how they were wrongfully incarcerated

21/03/2023

Counterview.net / by Our Representative

Celebrating the International Day of Solidarity with Political Prisoners, which fell on March 18, the Campaign Against State Repression (CASR), a joint platform of 35+ organizations, held a public gathering in Delhi titled “Life in Anda Cell: Political Prisoners and Wrongful Incarcerations” at the Press Club of India, Delhi, in order to mark the acquittal and prison experience of cultural activist Hem Mishra and his family. 
… Hem Mishra added, “it is not about just the 6 of us in my case. It is about all political prisoners. As long as the fight for jal-jangal-jameen remains, as long as the fight of Dalits, Adivasis, workers, peasants, oppressed nationalities remains, as long as the question of creating a better world for all people and a better state for all people remains, the fight of all political prisoners will rage on. At the end of the day, I am a bard who sings the songs of the people and I will continue to echo their cries. I am out of prison, but as long as all other political prisoners like Rona Wilson, Surendra Gadling, Sudhir Dhawale are inside prison, I feel I am only out from a smaller cage into a bigger one.”
Read more

By Adv Surendra Gadling Defence Committee (Jan 2021):
With due credit to anonymous artist and to the jailed, to be jailed lawyers

IO Whose Role Bombay HC Questioned in Saibaba Case Was Also Part of Elgar Parishad Probe

13/03/2024

The Wire / by Sukanya Shantha

The Pune police, at multiple places in the Elgar Parishad chargesheet, claimed that some of those arrested in the Elgar Parishad case had a “direct association” with Saibaba.
At the end of 2018, when the Pune police first filed a chargesheet in the Elgar Parishad case, they claimed to be “heavily relying” on the investigation conducted in the case involving former Delhi University professor G.N. Saibaba. By then, Saibaba and five others had already been convicted by the Gadchiroli sessions court.
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Also watch:

▪ Video: INTERNATIONAL SOLIDARITY MEETING

en | 1:07 min | 2024

By INTERNATIONAL SOLIDARITY FOR ACADEMIC FREEDOM IN INDIA (InSAF)
Celebrating the Second Acquittal of Professor GN Saibaba, Prashant Rahi, Mahesh Tirki, Hem Mishra and Vijay Tirki and the late Pandu Narote
Years in solitary confinement Years of shuttling from one bail plea to another Endless health ordeals, systematic discrimination The custodial death of 32-year old co-accused Pandu Narote The shocking overnight reversal of an acquittal order The life and trials of GN Saibaba and his co-accused remind us of the extent the repressive Indian state will go to in order to silence voices of dissent But on 7 March 2024, they finally walked free, after being acquitted for the second time on 5 March 2024, exonerated of all charges On 10 March 2024, we came together to celebrate this overdue step
We will not be silenced

Co-sponsored by
International Solidarity for Academic Freedom in India (InSAF India) South Asian Diaspora Action Collective (SADAC) Indian Workers Association (Great Britain) (IWA-GB) India Labour Solidarity (UK) Foundation The London Story The Humanism Project, Australia Hindus for Human Rights Free Saibaba Coalition (USA) Boston South Asian Coalition (BSAC) India Civil Watch International (ICWI) South Asia Solidarity Group, London

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