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NIA gets more time to reply to plea for furnishing copies of evidence to the accused

NIA gets more time to reply to plea for furnishing copies of evidence to the accused

The Leaflet / by Sarah Thanawala

A few accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case have previously argued that their applications for cloned copies under Section 207 of the Code of Criminal Procedure have been pending for more than five years.
On Tuesday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria allowed the agency time to file an additional reply to the applications filed by accused persons in the Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case.
… The matter is posted for further hearing on the applications filed under Section 207 of the CrPC on July 28.
Read more


Also read:
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)

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

Stan Swamy’s second death anniversary: Stand Up for What Is Right, demand Co-Accused

poster by @/bakeryprasad

In a Letter From Jail, Stan Swamy’s Co-Accused Ask President Murmu to Stand Up for What Is Right

05/07/2023

The Wire / by The Wire Staff

Today is Father Stan Swamy’s second death anniversary.

Two years ago on this day, 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy breathed his last while in custody. His death exposed the state’s negligence and inability to protect prisoners. Swamy, a Parkinson’s patient, spent close to a year in jail, deprived of the most basic facilities – one of which was a sipper to drink water from.

On his second death anniversary, 11 of his co-accused (Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Hany Babu, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap) – all human rights activists and academics – write a letter to President of India Draupadi Murmu, who belongs to the tribal community that Swamy worked very closely with. Murmu, who recently spoke passionately about the conditions of Indian prisoners, was the governor of Jharkhand when Swamy’s organisation, Bagaicha, was raided and eventually he was arrested by the National Investigation Agency.
Along with the letter, the still-arrested human rights defenders also announced their one-day symbolic hunger strike in Mumbai’s Taloja and Byculla jails, where they are presently lodged.
The full text of their letter to the president is below.
Read more


Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive

05/07/2023

Vernon Gonsalves

Scroll.in / by Vernon Gonsalves

A fellow prisoner’s recollections of the Jesuit priest, who died on July 5, 2021.

“…I am ready to pay the price, whatever be it. But we will sing in chorus. A caged bird can still sing.”
– Father Stan Swamy

When Stan Swamy, in his last message before landing in Navi Mumbai’s Taloja Central Prison in October 2020, declared that a “caged bird can still sing”, he was not talking about the tunes prisoners sing in jail. He had then not been imprisoned before that and was probably not acquainted with prison-singing in its various forms.
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On Father Stan Swamy’s second death anniversary, two letters, a painting and the triumph of memory against forgetting

05/07/2023

The Leaflet / by Sarah Thanawala

Father Stan Swamy’s death was an international shock the ripples of which can still be felt, and a blot on the record of a State that treats criminal justice as its plaything. His legacy is treasured by his co-accused in the Bhima-Koregaon case inside the prison, and everyone who stands for justice and democracy outside the prison.
… The 11 incarcerated accused persons in the Elgar Parishad case are set to go on a day-long hunger strike today. They pen an imaginary letter from Swamy to the President of India Droupadi Murmu, terming it “Prayers that never came to be”.
Read more


“Hopefully waiting” writes Shoma Sen from prison

07/07/2023

InSAF India / by Shoma Sen

This handwritten note by Shoma Sen marks five years in prison for the activist and academic.
As we enter the sixth year of our incarceration the predominant feeling over the last five years is that of waiting. From waiting for default bail in the seventh month of our imprisonment, most of us are still waiting. In jail, we sit there waiting for court dates, waiting for mulakaat, waiting for the newspaper, waiting for bail and for the jail God called Memo. In jail, our sense of time itself gets warped. When a lawyer tells a prisoner that she will get bail in one or two days, it may actually mean one or two years. 24 hours of clock time could mean 24 months in judicial time.
Read more

Who are the acclaimed ‘BK-16’? / HRDs and families await justice, five years down

Who are the acclaimed ‘BK-16’? / HRDs and families await justice, five years down

HRDs and families await justice, five years down

22/06/2023

cjp / by Sabah Maharaj

Faulty investigation and severe loopholes in investigation, surrounds the controversial BK-16 case. International outcry has not helped move the trial five years down even while the targeted languish, families await the return of their loved ones
In June 2021, European Union parliamentarians, Nobel Laureates, renowned academics, and internationally known figures wrote a letter to the Prime Minister of India, Narendra Modi, the then Chief Justice of India as well as the Chief Minister of Maharashtra, and other authorities in India, demanding to the release of political prisoners arrested with relation to the Elgar Parishad and Bhima Koregaon incident.
Amidst contested accusations of an anti-India conspiracy, militancy, and violence, five long years have passed since the BK-16 have been imprisoned without trial.
Read more


Who are the acclaimed ‘BK-16’?

22/06/2023

cjp / by CJP Team

Five years have passed, and human rights defenders (HRDs) and their families continue to await justice.

Surendra Gadling
Status: Detained without trial
Charges:Unlawful Activities Prevention Act (UAPA) since June 2018
Location: Taloja Central Prison, Mumbai

Gadling is a human rights lawyer and a Dalit activist. Over time, Gadling established himself as a keen advocate and a key figure in cases related to extrajudicial killings, police misconduct, false accusations, and injustices against Dalits and Adivasis in the region…
Read more


Also read:
Five years behind bars for five activists – Without bail, without charges being framed, without justice! – Various statements

Blatant use of UAPA by Telangana Police to suppress dissenting voices / Arbitrary FIRs

Blatant use of UAPA by Telangana Police to suppress dissenting voices / Arbitrary FIRs

Blatant use of UAPA by Telangana Police to suppress dissenting voices

21/06/2023

Countercurrents.org / by Campaign Against State Repression (CASR)

The draconian Unlawful Activities (Prevention) Act has once again been invoked, this time in Tadwai, Telangana against an astonishing number of 152 activists and intellectuals, which includes retired Prof. G. Haragopal, Prof. Gaddam Laxman and Prof. Padmaja Shaw. What is more ridiculous and serious at the same time is that Late Justice H. Suresh also finds mention in the accused list. The FIR has come to light only after People’s Democratic Movement president Chandramouli applied for bail and FIRs filed against him were retrieved by the police where the names of the 152 activists mentioned above were also included.
Read full statement


Dead judge, 151 others in Telangana police FIR

21/06/2023

TOI / by Srinath Vudali

Former Bombay HC judge H Suresh, who died in 2020, and another dead man were among 152 people that Telangana police had charged last year under the stringent Unlawful Activities Prevention Act (UAPA) for their alleged Maoist links.
Following a backlash from civil rights outfits , who pointed out that two of the accused had died long before the case was registered, the Telangana government directed police to drop six prominent people from  the FIR.
Read more


Arbitrary FIRs on Social Activists

19/06/2023

Statement by National Alliance of People’s Movements (NAPM)

click to enlarge

Dead wrong

21/06/2023

TOI / by TOI Editorials

Telangana charging the deceased with UAPA brings to life how the most severe laws are casually misused by govts:
The Telangana case in which police charged two people dead for two years under the anti-terror law UAPA is a classic example of the casual misuse of one of India’s most stringent laws. The data is damning. Analysis of NCRB data by various experts show the conviction rate of people charged under UAPA is below 3%.
Read more


Also read:
● Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others (The Wire / June 17, 2023)
● Activists Haragopal, Sudha Bharadwaj, 150 Others Booked Under UAPA Last August; Accused Unaware (The Wire / June 16, 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022) Download report
The Govt is out to silence Dissenters through Arrests: Justice Hosbet Suresh (Sabrangindia / Oct 2018)

Court asks NIA to provide Surendra Gadling copies of the police report and other documents

Court asks NIA to provide Surendra Gadling copies of the police report and other documents

The Leaflet / by Sarah Thanawala

Surendra Gadling, along with 15 other activists and academics, has been charged under the Unlawful Activities (Prevention) Act. Gadling has been in custody since June 2018 and is lodged at Taloja Central Prison in Mumbai.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria heard an application filed by human rights lawyer and Dalit rights activist Surendra Gadling regarding a plea for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC).
Read more


Also read/watch:
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)

● Video: The Second Song of Surendra Galding (Adv-Surendra-Gadling-Defence-Committee / lyrics by Sagar Gorkhe)

hindi | 8:43min | June 6, 2023
Five years back this day they took him away hoping to break his spirit.
1825 days so far behind bars and see who won?
During the short release he sang his heart.
Caged yet fearless.
U can jail him not his charisma.
This is the second of the songs.
Watch video / Listen to the song

Video: The Prison Song of Surendra Gadling (The Wire / lyrics by Ramesh Gaychor)

hindi | 11min | 2021
51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video / Listen to the song

Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others

Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others

Drawing by Arun Fereirra

Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others

17/06/2023

The Wire / by The Wire Staff

Chief minister of Telangana, K. Chandrashekar Rao, is said to have inquired about the case with the state police chief and asked him if it can be diluted.
The Telangana government is said to have decided not to pursue the Unlawful Activities (Prevention) Act (UAPA) case filed against Prof Haragopal, Sudha Bharadwaj, and 150 others after chief minister K. Chandrashekar Rao directed the state police chief to “drop” the case, The Hindu reported.
Read more


Work of fiction by police, says Professor Haragopal on UAPA charges against him, 151 others

17/06/2023

The News Minute / by IANS

The former professor of political science was reacting to the booking of a case under UAPA by Tadvai police of Mulugu district last year.
Human rights activist and former University of Hyderabad professor, G. Haragopal, who, along with 151 others, were booked by the Telangana Police under the Unlawful Activities Prevention Act (UAPA) for alleged links with Maoists, said on Friday that they had no information why the action against them was taken.
Read more


KCR intervenes to drop UAPA charges against rights activists

17/06/2023

The Statesman / by Statesman News Service

The move came in the wake of outrage of outrage over registration of cases against human rights activist Prof Haragopal and 151 others under the the draconian law.
Following an outrage over registration of cases against human rights activist Prof Haragopal and 151 others by Telangana Police under the Unlawful Activities (Prevention) Act (UAPA), Chief Minister K Chandrasekhar Rao directed the state DGP Anjani Kumar to withdraw the draconian law.
Read more


Activists Haragopal, Sudha Bharadwaj, 150 Others Booked Under UAPA Last August; Accused Unaware

16/06/2023

The Wire / by Sumit Jha

The Telangana Police had registered the case in August 2022 accusing them of conspiring to ‘take over the power of the democratically elected government at gunpoint’. The issue came to light only on Thursday, June 15.
… Prominent among those named in the FIR, apart from Prof Haragopal, Prof Padmaja Shaw of Osmania University (OU), Telangana Civil Liberties Committee President Prof Gaddam Laxman, Indian Association of People’s Lawyers’ Justice (Retd) H Suresh, activist Sudha Bharadwaj, human rights lawyer Surendra Gadling, and activist Arun Ferreira.
Read more


Telangana Police filed charges under UAPA against 152

16/06/2023

The Statesman / by Statesman News Service

However, the people, including two professors, named in the FIR were unaware of the charges under UAPA until the matter came to light during another trial.
… The charges under the UAPA were brought against the 152 accused after the police carried out combing operations on 19 August, 2022 after receiving a tip off that the Maoists were holding a meeting at Berelli village. When the police reached a temporary shelter, the Maoists escaped into a dense forest. The police seized some Maoist literature and kit bags on the spot and the names of Prof Haragopal and Padmaja Shaw, Prof Gaddam Laxman, Sudha Bharadwaj, Arun Ferreira were apparently found in the literature left behind.
Read more


Also read:
● The UAPA Versus Khurram Parvez, an Extreme Law Versus a Rights Defender (The Wire / June 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022) Download report
Telangana govt bans Revolutionary Writers Association, 15 other orgs (Siasat / April 2021)
Andhra govt, Centre ‘collude’ to repeat Bhima Koregaon type case against rights activists (counterview.net / April 2021)
The Govt is out to silence Dissenters through Arrests: Justice Hosbet Suresh (Sabrangindia / Oct 2018)

Poems by Sudhir Dhawale and Surendra Gadling, written on fifth anniversary of their incarceration / Song by Surendra Gadling

Poems by Sudhir Dhawale and Surendra Gadling, written on fifth anniversary of their incarceration / Song by Surendra Gadling

By InSAF India

The following poems were written by poet Sudhir Dhawale and Advocate Surendra Gadling on 6 June 2023, the fifth anniversary of their incarceration as undertrials in the Bhima Koregaon/Elgar Parishad case.

Read poems (in Hindi/English)

Click to enlarge

Surendra Galding – Caged yet fearless

06/06/2023

By Adv Surendra Gadling Defence Committee


hindi | 8:43min | June 6, 2023
Five years back this day they took him away hoping to break his spirit. 1825 days so far behind bars and see who won?
During the short release he sang his heart. Caged yet fearless. U can jail him not his charisma.
This is the second of the songs. Lyrics by Sagar Gorkhe.
Listen to the song


Also read:
Five years behind bars for five activists – Without bail, without charges being framed, without justice! – Various statements

Five years behind bars for five activists – Without bail, without charges being framed, without justice!

Five years behind bars for five activists – Without bail, without charges being framed, without justice!

Five years behind bars for five activists – Without bail, without charges being framed, without justice!

06/06/2023

By Peoples Union for Democratic Rights (PUDR)

Five years behind bars for five activists
Without bail, without charges being framed, without justice!
Release all 15-surviving accused in the Bhima Koregaon case.

June 6, 2023 will mark five years that five activists are behind bars. They include Mahesh Raut, an anti-displacement campaigner, Rona Wilson, a political prisoners’ campaigner, Shoma Sen, a feminist activist and professor, Sudhir Dhawale, a Dalit rights activist and Surendra Gadling, a lawyer who takes people’s rights cases pro-bono.
Read full statement


Five Years Since The First Arrests In Bhima-Koregaon Case

06/06/2023

Countercurrents.org / by Coordination of Democratic Rights Organisation (CDRO)

6th June 2018. The nation’s conscience suffered yet another attack by the arrests of leading intellectuals and democratic rights activists by the Pune police in connection with the so-called Bhima-Koregaon (BK) case. These arrests snowballed into a series of arrests in subsequent months. Five years have passed, and barring a few activists out on bail, the arrested persons are still languishing in jail without a charge sheet being filed. Through this statement, the CDRO once again tries to remember the incidents leading to these arrests and subsequent events; so that people can unite in a struggle for the release of the BK-16 and the repeal of draconian laws.
Read full statement


Five years of Bhima Koregaon arrests: CDRO marks ‘black day’

06/06/2023

The Leaflet / by Sarah Thanawala

It was on this day in 2018 that five activists were first arrested by the Pune police in the Bhima Koregaon-Elgar Parishad Maoist links and criminal conspiracy case. To mark this day, and by means of highlighting the plight of the arrested persons, the Coordination of Democratic Rights Organisation and People’s Union for Democratic Rights have issued press statements demanding the immediate release of all the persons behind bars in connection with the case.
Read more


Release activists incarcerated in Bhima Koregaon Case

07/06/2023

Countercurrents.org / by Campaign Against State Repression

June 6th became a day of one of the most audacious attack by the Brahmanical Hindutva Fascist state on the Democratic rights and political activists and began new era of rampant use of UAPA and conspiracy cases, which was, although known to the working class, the peasantry and the oppressed, have been largely unknown to the Urban democratic movement. June 6th, 2018 marks the first arrest in the infamous Bhima Koregaon ‘Conspiracy’ case, after series of raids in April 2018. The police arrested Sudhir Dhawale, Surendra Gadling, Rona Wilson, Shoma Sen and Mahesh Raut.
Read full statement


Five years after arrest, Bhima Koregaon case accused yet to get copies of proof against them

05/06/2023

The Hindu / by Sonam Saigal

Special Public Prosecutor rubbished the allegation and said most of the material have been shared with them
It has been six years since Sudhir Dhawale, an activist; Surendra Gadling, a criminal lawyer practising in Nagpur; Shoma Sen, professor and Head of Department, English at Nagpur University; activists Rona Wilson and Mahesh Raut were arrested in the caste-based violence that broke out at Bhima Koregaon in Pune in 2017.
Read more


Also read:
Bhima Koregaon: Who’s who of those arrested & the developments in the case pertaining to each (The Leaflet / June 2022)
Marking three years since the first arrest (The Leaflet / June 2021)
Two years of Bhima Koregaon Arrests (The Leaflet / June 2020)
What has happened to the five activists who were arrested a year ago (Scroll.in / June 2019)
IAPL press note about arrest of Advocate Gadling & other people’s activists (Sanhati / June 2018)

Shoma Sen’s discharge application at NIA asserts discrepancies in evidence against her

Shoma Sen’s discharge application at NIA asserts discrepancies in evidence against her

The Leaflet / by Sarah Thanawala

Shoma Sen, an accused in the case along with 15 other activists and academics, has been charged under the Unlawful Activities Prevention Act (UAPA). Sen has been incarcerated as an undertrial since June 6, 2018, and is lodged at the Byculla jail in Mumbai.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria continued hearing a discharge application filed by women’s rights activist and academic Shoma Sen, claiming discrepancies in the evidence against her in the  Bhima Koregaon–Elgar Parishad Maoist links and criminal conspiracy case, and drawing a parallel with the allegations raised against Dalit scholar, academic activist and co-accused Dr Anand Teltumbde.
Read more


Also read:
Shoma Sen moves Supreme Court seeking bail (The Leaflet / Apr 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
US-based forensic analysis group finds incriminating documents “planted” in Rona Wilson’s computer; Wilson challenges his prosecution in Bombay HC (The Leaflet / Feb 2021)
They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Taloja prison authorities not complying with order allowing computer use, court told

Taloja prison authorities not complying with order allowing computer use, court told

The Indian Express / by Express News Service

The accused, Surendra Gadling and Arun Ferreira, were permitted by the court on January 23 to use computers twice a week and software to view documents submitted by the National Investigation Agency as evidence.
Nearly three months after a special court directed authorities at Taloja Central Prison to permit two accused in the Elgaar Parishad case, who are lawyers representing themselves, use of computers twice a week and necessary software to view evidence, they informed the court on Thursday that prison officials had not complied with the order.
Read more


Also read:
Provide access to computer, court tells jail authorities on plea made by Surendra Gadling and Arun Ferreira (The Indian Express / Jan 2023)
Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)