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In Criminalising Political Action, Judges Are Helping the State Bring Politics Into India’s Court

In Criminalising Political Action, Judges Are Helping the State Bring Politics Into India’s Court

The Wire / by Shahrukh Alam

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

Also read:
● Kabir Kala Manch Incited Hatred By Ridiculing Phrases Acche Din, Demonetization In Plays: Bombay HC [read order] (Live Law / Oct 2022)
● Supreme Court’s suspension of Dr. G.N. Saibaba’s acquittal: ‘Technical grounds are also substantive’, says senior advocate, Mihir Desai (The Leaflet / Oct 2022)

New generation freedom fighters, GN Saibaba, others are victims of ‘state terrorism’

New generation freedom fighters, GN Saibaba, others are victims of ‘state terrorism’

Counterview / by Counterview Desk

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

Also read:
● Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)

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

Statement by CASR: Release Saibaba and Others / Mining in Gadchiroli

Statement by CASR: Release Saibaba and Others / Mining in Gadchiroli

Countercurrents.org / by Campaign Against State Repression

Campaign Against State Repression (CASR) Strongly condemns the Supreme Court’s order to suspend the Acquittal of Saibaba and Others in Gadchiroli case pertaining to alleged ‘Maoist link’.
… They want to keep in jail, every voice that foisted the state’s attempt to militarily loot the people of their resources and livelihood through Operation Green-Hunt, which Saibaba and other’s jailed in Gadchiroli case and Bhima Koregaon case have strongly resisted. They want to do so to continue the exploitation of people and their resources in far off Central Indian Regions, in North Eastern states, Kashmir and everywhere. This is not just an attack on Saibaba and others, but a clear sign of continuing and ever sharpening attack on all involved in the struggle for a democratic society.
Read full statement

Also read:
● Appeal to Supreme Court of India to review and reconsider Saibaba’s and Others Case (Countercurrents.org / by Defense Committee for the Release of Saibaba / Oct 18, 2022)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● DISINHERITING ADIVASIS – THE GADCHIROLI GAME PLAN (KAFILA / June 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / June 2017)

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

Pic credits: Committee for the Defence and Release of GN Saibaba

● Supreme Court Stays Release Of Prof GN Saibaba & Others In UAPA Case, Suspends Bombay HC’s Acquittal Order (Live Law / Oct 15, 2022)

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

15/10/2022

The Times of India / by Vaibhav Ganjapure

After securing acquittal for Prof GN Saibaba and four others primarily based on absence of sanction under UAPA’s Section 45 (1), his lawyers now have plan to rely on the Nagpur bench of the Bombay high court’s verdict for securing the release of several accused who are also behind bars in the Elgar Elgar Parishad case.
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As GN Saibaba gets bail in Maoist link case, let’s recall the Elgar Parishad–Bhima Koregaon case

15/10/2022

Free Press Journal / by Urvi Mahajan

More than eight years after his arrest, the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case for want of valid sanction for prosecution under the stringent anti-terror law UAPA…
With GN Saibaba getting acquitted by the Bombay High Court’s Nagpur bench on Friday, here’s a look at the other Maoist-link case which is the Elgar Parishad-Bhima Koregaon case.
In the Bhima-Koregaon case, the investigation was taken over by the National Investigation Agency (NIA) in 2020, the initial probe being done by the Pune police. Most of the accused have spent years in custody, being arrested in August 2018.
Read more

Bombay HC Frees Saibaba, Others in ‘Maoist Link’ Case

14/10/2022

The Wire / by The Wire Staff

The Nagpur bench of the high court allowed the appeal of all six convicted persons, including Pandu Narote who died in August this year.
Former Delhi University professor G.N. Saibaba and five others were acquitted in the Maoist links case by the Bombay high court, allowing their appeal against conviction and life sentence…
After Saibaba’s conviction, his lawyer in the lower court, Surendra Gadling; his colleague Hany Babu; and his close friend Rona Wilson were also arrested in years to come under the UAPA charges. While Gadling fought his case in court, Babu and Wilson had run a campaign for his release. All three are named as prime accused in the Elgar Parishad case of 2018.
Read more

Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report
● Silencing critics: Apex Court view ‘brain is more dangerous’ revoking Saibaba acquittal (Counterview / Oct 16, 2022)
● “Urban Naxals” Are Making Frequent Requests For House Arrest: Solicitor General Tushar Mehta Tells Supreme Court [read order] (Live Law / Oct 15, 2022)

Press Release: India Behind Bars – The Cost Of Free Speech

Press Release: India Behind Bars – The Cost Of Free Speech

by AILAJ (Oct 8, 2022):
AILAJ co-organised ‘India Behind Bars’ press conference in the Press Club of India with
@AISA_tweets and @ryaindia. Hundreds of students, teachers, activists and concerned citizens of Delhi joined us.

By AISA (Oct 8, 2022):
Despite heavy rains, students, citizens of Delhi flooded the Press Club of India in solidarity with different political prisoners incarcerated under acts like UAPA, PSA, NIA etc. #FreeAllPoliticalPrisoners #IndiaBehindBars

Recording by Millat Times: India Behind Bars: The Cost Of Free Speech (Excerpt)


En/Hindi/Urdu | 30min | 2022
Watch video

click to enlarge posters

by Akash (Oct 6, 2022):
To quote Com. Ravi Rai @ravirai2015: “Those behind bars spoke up for us, it’s time for us to speak up for them.” #DelhiPogrom #bhimakoregaon
Join the Press Conference on 8 October at the Press Club.
#FreeAllPoliticalPrisoners #RepealUAPA

by AILAJ_HQ (Oct 5, 2022)
Join us on 8th Oct at 4 p.m. at the Press Club of India, New Delhi for a press conference on India Behind Bars: The Cost of Free Speech where we demand the scrapping of draconian laws and release of political prisoners.

click to enlarge poster

#ReleaseAllPoliticalPrisoners

click to enlarge posters

Also read:

Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Bombay High Court Refuses Bail To DU Professor Hany Babu [read judgment]

Bombay High Court Refuses Bail To DU Professor Hany Babu [read judgment]

Bombay HC rejects Hany Babu’s bail plea: ‘Prime facie conspired and abetted terrorist act’

20/09/2022

The Indian Express / Omkar Gokhale

Babu was arrested by the NIA in 2020 for being “actively involved” with banned CPI (Maoist) and booked under charges, including criminal conspiracy and under the Unlawful Activities (Prevention) Act.
The Bombay High Court Monday turned down an appeal filed by Elgaar Parishad case accused and former Delhi University associate professor Hany Babu, challenging the rejection of his bail plea by a special NIA court. The court had concluded the hearing on Babu’s plea on August 29 before reserving its verdict.
Read more

Bombay High Court Refuses Bail To DU Professor Hany Babu In Elgar Parishad Case [read judgment]

19/09/2022

Live Law / by Sharmeen Hakim

Delhi University Professor Hany Babu mobilising rallies and co-ordinating the defence of convicted professor GN Saibaba was not just helping a fellow academic, but prima facie following a leftist handbook, the Bombay High Court said in its order refusing him bail.
Prof Babu was arrested by the National Investigating Agency on July 28, 2020 in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
he court relied on a “Secrecy Handbook” allegedly recovered from Babu on setting up a secret network and avoiding surveillance, which explicitly states that “if one comrade is arrested, other comrades must do everything to help…by providing legal representation, publicity and organising protest.”
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Bombay HC refuses bail to DU professor Hany Babu

19/09/2022

Bar & Bench / by Neha Joshi

A bench of Justices Nitin Jamdar and NR Borkar rendered the verdict today in an appeal filed by Babu challenging an order of the Special National Investigation Agency (NIA) Court rejecting his bail application.
The Bombay High Court on Monday rejected the regular bail application filed by Delhi University professor Hany Babu, one of the accused in the Bhima Koregaon riots case of 2018.
Read more

Bombay HC Denies Bail to Hany Babu in Elgar Parishad Case, Upholds Trial Court Verdict

19/09/2022

The Wire / by The Wire Staff

The National Investigation Agency has accused Babu of being a “co-conspirator” in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist).
Bombay high court on Monday, September 19, rejected the bail plea filed by Delhi University’s associate professor Hany Babu, who is an accused in the Elgar Parishad-Maoist links case.
A division bench of Justices N. M. Jamdar and N.R. Borkar upheld the earlier ruling of a special National Investigation Agency (NIA) court, which had denied him bail.
Read more

Also read:
● Profile of Hanybabu Musaliyarveetil Tharayil – Associate Professor of linguistics at Delhi University, anti-caste scholar and social activist arrested in the Bhima Koregaon case. (By Prisoners of Sconscience India)
● The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? (The Guardian / Aug 2021)

BK16 Relatives Flag Prison Authorities’ ‘Criminal Negligence’ of Undertrials / Custodial Violence, Judicial Negligence & State Apathy

BK16 Relatives Flag Prison Authorities’ ‘Criminal Negligence’ of Undertrials / Custodial Violence, Judicial Negligence & State Apathy

NewsClick / by Relatives and Representatives of the BK16; NewsClick

The relatives and representatives of the accused persons in the Bhima Koregaon case have released a statement drawing attention to the deteriorating health of several undertrials – including Vernon Gonsalves – and the brazen negligence of the prison authorities...

Statement:
In yet another act of criminal negligence, the prison authorities of Taloja Central Jail, Maharashtra, have delayed medical treatment for Vernon Gonsalves, a prominent activist and one of the accused in the Bhima Koregaon – Elgar Parishad case.
Gonsalves, who is 65 years old, fell ill with fever on August 30th, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail, for almost a week. After much pleading, he was taken to JJ hospital on September 7 and was given oxygen support. However, instead of continuing his treatment, he was callously brought back to jail where his condition continued to worsen. It is only after his lawyer and wife, Susan Abraham, approached the court and obtained an order, that the prison authorities finally admitted him to the emergency ward of JJ hospital, where he is still under treatment.
Read full statement

Video: Custodial Violence, Judicial Negligence and State Apathy

12/09/2022

en │ 52min │2022

By The Polis Project

On 5 October 2020, Atikur Rahman, journalist Siddique Kappan, student Masood Ahmad, and taxi driver Mohammad Alam were arrested in Mathura, in Uttar Pradesh in, India They were on their way to meet the family of a Dalit woman who was raped and murdered by a group of men from the dominant caste in Hathras…
The denial of medical treatment and bail must be seen as a part of a larger pattern of abuse of power directed toward dissenters and political prisoners in India. On 5 July 2021, 84-year-old Jesuit priest and human rights defender Father Stan Swamy died in judicial custody at the Holy Family Hospital in Mumbai, India.
Watch video

► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)

Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

NIA court demands explanation from Taloja authorities on delay of treatment

09/09/2022

Hindustan Times / by Charul Shah

Only on September 5 Gonsalves was shifted to prison hospital as his condition had worsened.
The special NIA court on Thursday directed the superintendent of the Taloja Jail to provide proper medical treatment to Vernon Gonsalves, an accused in the Elgar Parishad case, who has been diagnosed with dengue.
It has also reprimanded the prison authority for failing to respond to Gonsalves’s plea for medical treatment till Thursday.
Read more

Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

08/09/2022

The Wire / by Sukanya Shantha

JJ Hospital has confirmed that Gonsalves has been suffering from dengue for close to two weeks and that he could have developed pneumonia too.
Over 10 days ago, Vernon Gonsalves, a Mumbai-based human rights activist and one of the 16 persons arrested in the Elgar Parishad case, had a high-grade fever. He fainted several times in jail and at one point couldn’t move. The Taloja central prison staff, however, only administered him paracetamol and refused to refer him to a hospital.
Read more

Vernon Gonsalves on oxygen support after contracting dengue in prison

08/09/2022

Scroll.in / by Scroll Staff

His wife, lawyer Susan Abraham, told Scroll.in that the 65-year-old undertrial should have been admitted to hospital ‘long back’.
Activist Vernon Gonsalves, who is among those accused in the Elgar Parishad case, is on oxygen support in Mumbai’s JJ Hospital after contracting dengue in prison, his wife, lawyer Susan Abraham, told Scroll.in on Thursday.
Read more

Pandu Narote’s Death: A Reminder of Stan Swamy’s Demise, GN Saibaba’s Struggles

08/09/2022

The Quint / by Mekhala Saran

When Pandu Narote died on 25 August, once again questions arose regarding the treatment of ailing inmates.
In February 2020, granting bail to Bhima Koregaon accused Varavara Rao, on medical grounds, the Bombay High Court had noted that “sending him back to prison is fraught with risk.”
… In May, 2021, while the second wave of COVID-19 wreaked devastation across the country, the family and friends of the accused in the Bhima Koregaon case, who have been lodged in Mumbai’s Taloja and Byculla jail, held a press conference drawing attention to the purportedly dangerous living conditions there. These included overcrowding, the lack of medical care, paucity of clean water, and flimsy access to basic human rights.
Read more

► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)
► Also read: Crowded Jails & COVID: 16 Bhima Koregaon Accused’s Kin Share Fears (The Quint / May 2021)

Is India Really a Democracy? The Answer, My Friend, Is Blowing in the Wind: Nayantara Sahgal

Is India Really a Democracy? The Answer, My Friend, Is Blowing in the Wind: Nayantara Sahgal

The Wire / by Nayantara Sahgal

The author’s lament about the attacks on individual rights and freedoms in present-day India.
… Recently I heard that the government wants a strong opposition. But when members of the opposition such as the Elgar Parishad prisoners, to name one case, are in jail for criticising some official measure or not falling in line with the ruling ideology, is this the way that a democracy treats dissent?
Read more