Stan Swamy – free them all

Different memories: Editorial on a farmer’s fight to put up a memorial for Stan Swamy

30/11/2024 Asha

Different memories: Editorial on a farmer’s fight to put up a memorial for Stan Swamy

30/11/2024

The Telegraph / by The Editorial Board

In the perception of the district authorities, the priest was marked as ‘anti-social,’ because the govt had arrested him in the Bhima-Koregaon case for his alleged link with extremists
Certain figures show up the widely varying perceptions between administrative authorities and the people. The Jesuit priest, Stan Swamy, who died in prison waiting for bail, is a striking example. A farmer from Tamil Nadu, engaged in teaching other farmers about sustainable practices and in cooperative watershed development, had wished to erect a pillar on his private land at his own cost in memory of the priest. He was an admirer of Stan Swamy’s work with tribal communities and considered the priest his mentor.
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Madras High Court removes government hurdle to Stan Swamy memorial in Tamil Nadu

28/11/2024

The Telegraph / by M.R. Venkatesh

The court ruled that the petitioner had decided to build the pillar in remembrance of Fr Stan as he was ‘impressed by the work done by him for the welfare of tribals’ and that the construction site was Sethia’s private land.
Madras High Court has allowed a farmer who reveres the life and work of Fr Stan Swamy, the 84-year-old tribal rights defender who died waiting for bail after spending nine months in jail, to erect a pillar in his memory in Tamil Nadu’s Dharmapuri district, overriding the district authorities’ contention that Fr Swamy was related to “Naxals and Maoists”.
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‘Father Stan Swamy Has Taken Efforts For Tribal Welfare’: Madras High Court Allows Installation Of His Statute In Private Land

26/11/2024

Live Law / by Upasana Sajeev

The Madras High Court has allowed a man to install a stone pillar containing Father Stan Swamy’s photo on his private land, honoring the work done by the latter for the Tribal persons.
Quashing a notice issued by the State authorities, Justice M Dhandapani remarked that Fr Stan Swamy had taken a lot of efforts for the welfare of the tribal persons. The court also noted that citizens had a right to install statues in their private property and the only restriction was that communal conflicts should not result from such erection.
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Madras High Court allows activist to install statue of Stan Swamy despite State opposition

26/11/2024

Bar & Bench / by Ayesha Arvind

The petition was opposed by the State and the district authorities who argued that the proposed memorial was to commemorate the work of a person “related to the Naxals and Maoists.”
The State cannot stop an individual from installing a memorial or a statue on his or her private land, the Madras High Court recently said while permitting a Salem-based activist to construct a memorial in honour of Jesuit priest and tribal rights activist late Stan Swamy.
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Madras HC quashes govt notice banning installation of memorial to Stan Swamy

24/11/2024

The News Minute / by Bharathy Singaravel

Contrary to the public stand taken by Chief Minister MK Stalin and his government, Dharmapuri district authorities claimed in court that Stan Swamy “had relations with Naxals and Maoists” and that “tribal villages are a paradise for the convergence and breeding of anti-social elements”.
The Madras High Court has quashed a notice from the tahsildar of Nallampalli in Dharmapuri district that banned an environmentalist from installing a memorial pillar for Stan Swamy on private land. Environmental activist Piyush Manush had been forced to approach the Madras High Court after the Dharmapuri Superintendent of Police (SP), district Collector and the Nallampalli tahsildar banned him from installing the memorial pillar on his own land.
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HC nod for statue of Stan Swamy on private land

22/11/2024

Times of India / TNN

Citizens have the right to install statues on their own private property. The only restriction is that such statues should not cause any conflicts between communities or in a way that would hurt the feelings of any segment of the society, Madras high court has said.
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Madras HC allows construction of memorial structure for Father Stan Swamy

21/11/2024

The New Indian Express / by R Sivakumar

The judge says that the government authorities can’t stop a person from raising statues on private land.
Holding that government authorities cannot stop a person from raising statues in private land unless it may cause serious issues, the Madras High Court has permitted a Salem-based activist to raise a memorial structure for late Father Stan Swamy who had rendered service for the upliftment of the highly oppressed tribal communities in Central India.
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Also read/watch:
▪ Bombay HC Benches Recuse From Hearing Plea To Clear Father Stan Swamy’s Name (Live Law / Oct 2024)
▪ Indian court again refuses to hear Stan Swamy case (UCA News / Sep 2024)
▪ 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)

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

en | 7:48 min | Oct 6, 2020
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India: Death of human rights defender and continued repression of dissent highlights risks facing activists

20/11/2024 Asha

CIVICUS / by CIVICUS

India’s civil space is rated as ‘repressed’ by the CIVICUS Monitor. In recent years, the government has misused the draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) and other laws to keep activists behind bars and fabricate cases against activists and journalists for undertaking their work. The authorities have blocked access to foreign funding for NGOs and human rights defenders, using the restrictive Foreign Contribution (Regulation) Act (FCRA).
… There are other human rights defenders who have remained in jail for years under the draconian UAPA and also died in custody.
They include those implicated on baseless charges linked to the Bhima Koraegon violence in 2018 including Surendra Gadling, Hany Babu, Rona Wilson, Sagar Gorkhe, Ramesh Gaichor, Sudhir Dhawale, Mahesh Raut and Jyoti Jagtap.
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Also read:
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Jul 2024)
▪ Civic Freedoms in India ‘Repressed’: Global Monitor Civicus (The Wire / Oct 2023)

Dhananjaya Yeshwant Chandrachud: The New Right liberal

05/11/2024 Asha

Dhananjaya Yeshwant Chandrachud: The New Right liberal

05/11/2024

The Leaflet / by Indira Jaising

Does the outgoing Chief Justice of India represent the emergence of a New Right in India, one that is modern and yet able to rely on a norm above the Constitution to perform the judicial function, writes Indira Jaising.
… It was during this period that pre-trial jail and not bail became the norm of the Supreme Court of India. The accused in the Bhima Koregaon case, granted bail by the Bombay High Court, had their bail Orders stayed by the Supreme Court of India by a Bench of which Justice Trivedi was a member. Many withdrew their petitions for bail rather than have them dismissed by the Supreme Court.
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I Have Always Granted Bail From A To Z, From Arnab To Zubair: CJI DY Chandrachud

05/11/2024

Live Law / by Gursimran Kaur Bakshi

Speaking at yesterday’s discussion organised by The Indian Express, Chief Justice of India D.Y. Chandrachud answered many pressing issues and controversies including whether the Supreme Court stands true to the ‘bail is the rule, jail an exception’ principle.
Set to demit the office on November 10, CJI was asked by Apurva Vishwanath, The Indian Express, what institutional processes and mechanisms are required to prevent cases such as that of G.N. Saibaba and Stan Swamy, who have languished as undertrial prisoners for years in jail.
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Also read:
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)
▪ #BhimaKoregaonVerdict: Between the majority and the minority judgments of the Supreme Court (The Leaflet / Oct 2018)

Demonising dissent: GN Saibaba’s death and the dark siede of UAPA’s manipulation

19/10/2024 Asha

en | 13:32 | 2024

The News Minute / by Pooja Prasanna

From 2014 to 2022, 8,719 people were charged under the draconian UAPA. A majority are languishing in jail, with trials delayed and bail denied, as in the case of Professor GN Saibaba.
… In this week’s Let Me Explain, Pooja Prasanna looks at how jails mistreat people, how courts are complacent in denying justice and the blatant abuse of power by the police and governments where evidence and witnesses are fabricated or manipulated.
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GN Saibaba’s death puts spotlight back on plight of incarcerated activists / Various Statements

14/10/2024 Asha

G.N. Saibaba’s 2017 Prison Letter Sheds Light on the Rights of Disabled Prisoners

17/10/2024

The Wire / by Sukanya Shantha

‘I have refused to be carried to a government hospital outside the prison because I was once treated like baggage.’
Professor G.N. Saibaba wrote a letter to disability rights activist Muralidharan from Nagpur central prison in October 2017.
It had been only a few months since Saibaba, a wheelchair user with over 90% disability, was handed a life sentence under the Unlawful Activities (Prevention) Act.
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‘Failing to grasp’ his immense pain, would GN Saibaba’s death haunt judiciary?

16/10/2024

Counterview / by Vidya Bhushan Rawat

The death of Prof. G.N. Saibaba in Hyderabad should haunt our judiciary, which failed to grasp the immense pain he endured. A person with 90% disability, yet steadfast in his convictions, he was unjustly labeled as one of India’s most ‘wanted’ individuals by the state, a characterization upheld by the judiciary. In a democracy, diverse opinions should be respected, and as long as we uphold constitutional values and democratic dissent, these differences can strengthen us.
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People, politicians pay last tributes to Sai Baba

15/10/2024

Times of India / by TNN

“Long live, long live, Sai Baba long live” slogans reverberated as people paid tributes to the former Delhi University (DU) professor GN Sai Baba on Monday. Sai Sai Baba died on Saturday while undergoing treatment for a gall bladder ailment at Nizam’s Institute of Medical Science (NIMS).
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A Decade In Jail And A Death Foretold

15/10/2024

Free Press Journal / by FPJ Editorial

The death of G N Saibaba at the age of 57 is a severe indictment of the political system and the judiciary of the country that kept the wheel-chair bound academic incarcerated for nearly 10 years under the draconian Unlawful Activities Prevention Act until he was finally acquitted of all charges by the Nagpur bench of the Bombay High Court earlier this year.
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GN Saibaba death: UAPA has no place in a democracy | Mihir Desai Inverview | Pooja Prasanna

en | 21:40 | 2024
Former Delhi University professor and activist Dr GN Saibaba, who had become a symbol of state repression, passed away on Saturday, October 12, at the age of 58. This comes just seven months after his acquittal in a UAPA case which alleged that he was involved with Maoists.
…TNM’s Pooja Prasanna spoke to senior advocate Mihir Desai on Dr Saibaba’s death, UAPA and indian prisons. Mihir Desai as been the legal counsel for many who have faced UAPA including Father Stan Swamy and Dr Saibaba
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G N Saibaba was killed by wrongful imprisonment and medical neglect

14/10/2024

Peoples Dispatch / by Peoples Dispatch

Human rights defender and academic G N Saibaba was over 90% handicapped and during his years in prison was repeatedly denied bail by the courts and denied timely treatment for his various medical issues.
Human rights defender and academic, G N Saibaba (57) died on Saturday, October 12 at Nizam Institute of Medical Sciences Hospital in Hyderabad due to cardiac arrest. His death took place merely seven months after being released from a decade of wrongful imprisonment in Indian jails.
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When the state turns rogue even protests dry up, Salutes & Apologies Professor Saibaba!

14/10/2024

Sabrangindia / by Teesta Setalvad

If there is one unique and malevolent achievement of the present Indian state in its third, albeit less armoured term, it is, how it has through its venal acts, battered down alliances and voices of protest; GN Saibaba’s death after a long and deliberately negligent incarceration is the latest of one such
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GN Saibaba’s death puts spotlight back on plight of incarcerated activists

14/10/2024

The Federal / by The Federal

Dissent is not easy in India. After his acquittal this March, Saibaba publicly said he was repeatedly tortured and subjecte to abuse while in prison
The demise of former Delhi University professor and human rights activist GN Saibaba in Hyderabad on Saturday (October 12) has once again put the spotlight on the alleged injustice and torture being faced by the activists who are in prison under various charges like having links with Maoists.
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Stan Swamy parallel in former DU professor Gokarakonda Naga Saibaba’s death after 10-year jail

14/10/2024

The Telegraph / by Pheroze L. Vincent

A polio patient, Saibaba was paralysed below his waist and developed life-threatening complications in his Nagpur prison that he blamed on poor living conditions and inadequate medical treatment. Saibaba had gone on hunger strike several times in protest
Former Delhi University professor Gokarakonda Naga Saibaba, a paraplegic acquitted seven months ago after spending a decade in jail on terror charges, died on Saturday of complications following gall bladder surgery at a Hyderabad hospital. He was 57.
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The National Platform for the Rights of the Disabled expresses deep shock and profound anguish at the untimely death of Dr. G N Saibaba

13/10/2024

Countercurrents / by National Platform for the Rights of the Disabled (NPRD)

The National Platform for the Rights of the Disabled expresses deep shock and profound anguish at the untimely death of Dr. G N Saibaba.
It was just a few months ago that he was released after being incarcerated for ten long years. He was implicated in false cases and had to continuously wage legal battles before finally being acquitted by the Supreme Court. Unfortunately, it was a freedom that was short-lived.
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Saibaba’s Death Was Institutional Murder by the Centre: Activists

13/10/2024

Deccan Chronicle / by DC Correspondent

Rights activists and political parties termed the death of Prof. G.N. Saibaba as institutional murder resulting from his incarceration for nine years. They drew parallels with Father Stan Swamy, an 84-year-old Jesuit priest and tribal rights activist, who died in hospital while in custody after being denied basic needs like a drinking straw and sipper.
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G.N. Saibaba’s Life Is Not Just a Chronicle of His Times, but Also What the Times Refused to Chronicle

13/10/2024

The Wire / by Saroj Giri

He was just letting us back into his life after all the pain and suffering he had endured. And then he was taken away.
We must now think of Saibaba as someone who could not finish telling us his story. We must have imaginary conversations with him, so that we can hear him. We gasped for Father Stan Swamy, for Pandu Narote, to commune with them. Now, we are gasping for Saibaba, who has been snuffed out of our lives so suddenly.
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Prof G N Saibaba a victim of our insensitive system

13/10/2024

Countercurrents / by Vidya Bhushan Rawat

The death of Prof G N Saibaba in Hyderabad yesterday should haunt our judiciary which were unable to rise up and understand the pain he was going through. That a person with 90% disability yet full of convictions was made as India’s most ‘wanted’ person by the state, equally endorsed by the judiciary as well. I have mentioned it many time that in democracy people might have divergent views and as long as we have faith in constitutional values and democratic dissent, these views ultimately strengthen us.
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▪ Video: State’s Job is to Serve People, Not Punish Them: G N Saibaba

en | 38:33 | 2024

Newsclick / by Newsclick Team

Former DU professor G.N. Saibaba, who passed away in Hyderabad on Saturday, had recounted his harrowing ordeal during 10 years in jail at a press conference in New Delhi in March this year.
Watch video

Also read:
▪ Some personal reflections on prison medical care (The Leaflet | Vernon Gonsalves | Apr 2024)
▪ Was the trial judge who convicted G.N. Saibaba biased? We will never know, and that is part of the injustice (The Leaflet / March 2024)
▪ ‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

Bombay HC Benches Recuse From Hearing Plea To Clear Father Stan Swamy’s Name

05/10/2024 Asha

Live Law / by Narsi Benwal

Last month, Bombay High Court judge Justice Revati Mohite-Dere recused from hearing a plea filed in December 2021 by the next of kin of Father Stan Swamy, who sought clearing the now deceased (Swamy’s) name from the Bhima-Koregaon case.
The plea filed by Father Fraser Mascarenhas, the former principal of Xavier’s College in Mumbai, recently came up for hearing before a bench of Justices Mohite-Dere and Prithviraj Chavan.
Read more

Also read/watch:
▪ Indian court again refuses to hear Stan Swamy case (UCA News / Sep 2024)
▪ When Push Comes to Shove: Tracking Judicial Recusals and Transfers (The Wire / Apr 2023)

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

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

Indian court again refuses to hear Stan Swamy case

22/09/2024 Asha

Indian court again refuses to hear Stan Swamy case

23/09/2024

UCA News / by UCA News reporter

This is the eighth time that a judge has declined to perform the legal duties citing a conflict of interest
The top court of India’s Maharashtra state has, for an eighth time, refused to hear a plea seeking to clear late Jesuit Father Stan Swamy from an anti-terror case that includes a plot to kill Prime Minister Narendra Modi.
Justice Revati Mohite-Dere of the Bombay High Court recused herself from hearing the plea on Sept. 20 that wanted to remove Swamy’s name from the seven-year-old Elgar Parishad-Bhima Koregaon case filed against 16 leading activists in the country.
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HC’s Justice Revati Mohite-Dere Recuses Self From Hearing Plea For Late Father Stan Swamy

22/09/2024

Free Press Journal / by Urvi Mahajani

Justice Revati Mohite-Dere of the Bombay High Court recused herself from hearing the plea filed by Father Frazer Mascarenhas, former principal of St Xavier’s College, seeking clearance of Father Stan Swamy’s name from the 2018 Elgar Parishad-Bhima Koregaon case.
Justice Revati Mohite-Dere of the Bombay High Court recused herself from hearing the plea filed by Father Frazer Mascarenhas, former principal of St Xavier’s College, seeking clearance of Father Stan Swamy’s name from the 2018 Elgar Parishad-Bhima Koregaon case.
Read more

Also read/watch:
▪ Apologize for what happened to Father Stan Swamy: Ex-SC judge Kurian Joseph (The New Indian Express / Sep 2024)
▪ When Push Comes to Shove: Tracking Judicial Recusals and Transfers (The Wire / Apr 2023)
▪ 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)

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

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

Apologize for what happened to Father Stan Swamy: Ex-SC judge Kurian Joseph

14/09/2024 Asha

The New Indian Express / by Express News Service

He added that this was a failure on the part of courts, civil societies and the media to project what was right and truthful.
The three pillars of the Constitution – legislature, executive and judiciary – have lost their credibility, and their core ideas have been shaken, said former Supreme Court judge Kurian Joseph on Friday.
Read more

Also read/watch:
▪ US House Urges India To Probe Activist Stan Swamy’s Death In Custody (NDTV / Jul 2024)
▪ Jesuit Missions repeats call to clear Indian priest’s name (Indcatholic News / Jul 2024)
▪ 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)

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

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

What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

15/08/2024 Asha

What Freedom Means For India’s Political Prisoners

15/08/2024

Outlook / by Apsksha Priyadarshini

For political prisoners, freedom becomes a longing for small mercies that make us human
Maryam was six—the youngest of three siblings—when her father, Khalid Saifi, was arrested following the sectarian violence in northeast Delhi in February 2020. The violence took place against the backdrop of months of protests led by Muslim women at several sites across the national capital and in the country, against the Citizenship (Amendment) Act (CAA) and the proposed updates to the National Register of Citizens (NRC) and the National Population Register (NPR). Maryam’s mother Nargis recalls the day as the beginning of “a dark, endless night” that has been written into their fates.
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The Freedoms Our Martyrs Won Are Under Seige

15/08/2024

Outlook / by Anand Teltumbde

This Independence Day, we are in an age in which we need assurances from our leader that the Constitution will survive
Seventy-seven years ago, our martyrs won freedom from British colonial rule. Three years later, we gave ourselves a Constitution that guaranteed a plethora of freedoms, inspired not by the Universal Declaration of Human Rights (UDHR) but the indigenous ethos of our own freedom movement. Today, having traversed into the Amrit Kaal, these guarantees appear to have expired, needing a new guarantee from our supreme ruler that the Constitution itself will survive. If the likes of Bhagat Singh were to see the state of India’s freedom today, they would certainly ask themselves what was wrong with the British rule that they went to the gallows fighting them.
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India Cries for Freedom!

13/08/2024

Countercurrents / by Cedric Prakash

India cries for Freedom: Thanks to the relentless struggles and sacrifices of our freedom fighters, on 15 August 1947, India made her tryst with destiny! After years of colonial rule, she finally became an independent nation. Ever since (during these past 77 years), India has made rapid strides in every sphere, and this fact must be applauded; however, one must also humbly admit that, India still has an unimaginable long way to go in the internalisation and actualisation of her freedom!
…
India cries for Freedom for Human rights defenders (HRDs), right to information seekers and others who take a stand for truth, justice and human rights. They are at the receiving end of a vicious and vindictive system. The are intimidated, incarcerated and even killed! These include those in the Bhima Koregaon conspiracy case; Jesuit Father Stan Swamy is a case in point.
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‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA

13/08/2024 Asha

Hindustan Times / by HT News Desk
All India Majlis-e-Ittehadul Muslimeen (AIMIM) supremo Asaduddin Owaisi on Saturday raised his concerns over the future of Muslims, tribals and Dalit people who are being held under Unlawful Activities Prevention Act (UAPA). Taking a jibe, the Hyderabad MP said he hoped that Prime Minister Narendra Modi would learn something from the Lok Sabha election results, but they poured cold water on his expectation.
… The AIMIM chief further claimed that the stringent law became the reason for the death of 85-year-old Stan Swamy. Swamy, a tribal activist, died in judicial custody in 2021. He was arrested under the UAPA in connection with the 2018 Bhima-Koregaon violence case.
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Also read:
▪ Legal experts call for a repeal of UAPA over misuse and rights violations (Frontline / May 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report