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Tag: Surendra Gadling

Side-effects of conscience: An account of prison medical care

Side-effects of conscience: An account of prison medical care

Vernon Gonsalves at jail. Drawing by Arun Ferreira.

The Leaflet / by Vernon Gonsalves

Accused in the Bhima Koregaon case and released on bail by the Supreme Court last year after having spent five years in prison without a trial, Vernon Gonsalves narrates a sordid tale of pathetic medicare in Indian jails. 

I have spent almost eleven years in detention, with considerable periods in the most populated prisons of Maharashtra. My first incarceration from 2007 to 2013 began shortly after I turned fifty. I had a second stint from 2018 to 2023, while I was in my sixties.
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Also read:
‘No Material’ to Demonstrate Terror Link, Yet Vernon Gonsalves, Arun Ferriera Spent 5 Years in Jail [Read judgment] (The Wire / Jul 2023)
Caged birds and prison songs: In chorus, Stan Swamy and the Bhima Koregaon accused kept hope alive (Scroll.in | by Vernon Gonsalves | Jul 2023)
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’ (Countercurrents / Sep 2022)
How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in | by Arun Ferreira | Aug 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.
Read more


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.
Read more


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

Watch video

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

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

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.
Read more


Also read/watch:
‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

▪ 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

Watch video

‘UAPA must be scrapped’: Indira Jaising / How These Lawyers Worked To Free Saibaba

‘UAPA must be scrapped’: Indira Jaising / How These Lawyers Worked To Free Saibaba

by Indira Jaising / @Ijaising (March 7):
Finally free Saibaba outside the gates of prison , with his lawyers by his side


Supreme Court Refuses To Stay Acquittal Of GN Saibaba & 5 Others, Says HC Judgment Prima Facie Well Reasoned (Live Law / by Awstika Das, March 11, 2024)


GN Saibaba’s acquittal: Rights activists seeks compensation and reinstatement in DU

11/03/2024

The News Minute / by TNM Staff

The Committee for Defence and Release of GN Saibaba appealed to the Supreme Court to reject the appeal filed by the Maharashtra government against his release.
… They also asked the government to repeal the draconian UAPA law. “All charges against intellectuals and activists who have been similarly falsely detained under the UAPA in particular, such as those charged in the Bhima-Koregaon case, or those arrested during the anti-CAA/NRC struggle, should be dropped and they should be immediately released.
Read more


How These Lawyers Worked Tirelessly To Free Saibaba

08/03/2024

Rediff.com / by Jyoti Punwani

‘We were sure our appeal would succeed. We knew we could break down the evidence and show it was hollow.’
It took an army of lawyers.
Behind the successful battle to prove the innocence of Professor G N Saibaba and his co-accused, went years of preparation. The backbone of that preparation was the work put in by a group of lawyers, all of whom had been juniors to Advocate Surendra Gadling.
Read more


‘UAPA must be scrapped’: Indira Jaising

07/03/2024

Frontline / by Jyoti Punwani

Senior lawyer discusses what the acquittal of Prof. G.N. Saibaba and his fellow accused means for the country.

The judgment quotes the Supreme Court’s order granting bail to Vernon Gonsalves, an accused in the Bhima Koregaon case. Will this judgment in turn be helpful in the Bhima Koregaon case, especially with regard to the way police collect and present electronic evidence?
Yes, on electronic evidence, this judgment is a precedent. It lays down that not taking the hash value renders the evidence of no real value. This is also what happened in the Bhima Koregaon case.
Read more


Also read:
GN Saibaba’s long struggle for justice: Why the Bombay HC had to overturn his conviction – twice (Scroll.in / March 9, 2024)

‘It Is Only by Chance That I Came Out of Prison Alive’ / GN Saibaba’s long struggle for justice / Video

‘It Is Only by Chance That I Came Out of Prison Alive’ / GN Saibaba’s long struggle for justice / Video

by Nihalsing / @Nihalsingrathod (March 7, 2024):
#GNSaibaba and #prashantrahi released

#hemmishra also released from Kolhapur jail

#prashantrahi with his daughter @shikharahi

And finally #maheshtirki also walks out


Injustice And Impunity: How The Justice System Failed G.N. Saibaba

19/03/2024

Feminism India / by Hajara Najeeb

A professor of the Department of English at Ram Lal College in New Delhi, G.N. Saibaba was incarcerated under the draconian Unlawful Activities Prevention Act 1967, accusing him of having Maoist links
On March 8th, a frail G.N. Saibaba made his first public statement in ten years after a decade of torture and a lifetime of injustice. A professor of the Department of English at Ram Lal College in New Delhi, he was incarcerated under the draconian Unlawful Activities Prevention Act 1967, accusing him of having Maoist links.
Read more


“I Don’t Know How I Survived” Professor G. N. Saibaba says the reality of being free is yet to sink in

09/03/2024

The Citizen / by Nikita Jain

There was excitement and anticipation as former Delhi University Professor G. N. Saibaba entered the room in his wheelchair. Accompanied by his wife Vasantha Kumari, daughter, Communist Party of India (CPI) leader D. Raja amongst others, Prof. Saibaba smiled and waved at a few friends he recognised in the audience.
… Speaking about one his lawyers, Surendra Gadling, who himself is in jail for another case related to Elgar Parishad, Prof. Saibaba said that it was because of him that his case became stronger and it breaks his heart to see him behind bars. “Surendra Gadling is languishing behind the bars only for one reason, he stood for me and he argued most effectively in the sessions court during the trial.
Read more


It’s by chance I came out of prison alive: G N Saibaba after release from Nagpur jail

08/03/2024

Indian Express / by Express News Service

Saibaba also said he was “sad” that Surendra Gadling, his lawyer during the trial in the case, was behind bars in the Elgaar Parishad case.
Former Delhi University professor G N Saibaba, who had been sentenced to life imprisonment over his alleged Maoist links, was released from Nagpur Central Jail on Thursday morning, two days after his acquittal by the Nagpur bench of the Bombay High Court.
Read more


‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba

07/03/2024

The Wire / by Sukanya Shantha

“It is only by chance that I came out of prison alive,” 56-year-old former Delhi University professor S.N. Saibaba said in his first press briefing since his release from Nagpur Central jail on Thursday (March 7).
The Nagpur bench of the Bombay high court on March 5 acquitted him and five others on “terrorism” charges.

The trial in the lower court was handled by Nagpur-based human rights lawyer Surendra Gadling. Soon after the trial was completed in the Gadchiroli sessions court, Gadling was arrested in the Elgar Parishad case. Saibaba, on Thursday, said that his lawyer Gadling was targeted only for handling his case.
Read more


GN Saibaba’s long struggle for justice: Why the Bombay HC had to overturn his conviction – twice

09/03/2024

Scroll.in / by Vineet Bhalla

The former DU professor was arrested in 2014 and sentenced to life imprisonment in 2017. The High Court has now acquitted him, finding no evidence against him.
Human rights activist and former Delhi University professor GN Saibaba’s acquittal by the Bombay High Court for terror-related offences under the stringent Unlawful Activities (Prevention) Act on Tuesday and release from the Nagpur Central Jail on Thursday was the culmination of an arduous legal struggle.
Read more


Saibaba Acquittal: From Lack of Sanction to Dodgy Evidence, HC Judgment Tears Into State’s Case

06/03/2024

The Wire / by Sukanya Shantha

‘The prosecution has failed to establish the seizure of incriminating material from the house search of G.N. Saibaba,” the judges said. “The prosecution has also failed to prove the electronic evidence in terms of the provisions of the Indian Evidence Act, and the Information Technology Act.”
In its detailed judgment acquitting former Delhi University professor G.N. Saibaba and five others of ‘terrorism’ charges, the Nagpur bench of the Bombay high court has virtually shredded the state’s case against the six to pieces.

Saibaba’s lawyer jailed in Bhima Koregaon case
Incidentally, Saibaba’s defence in the trial court was handled by the Nagpur-based human rights lawyer Surendra Gadling, who, soon after the completion of trial, was himself arrested in the Elgar Parishad case.
Read more


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

Watch video


Also read/watch:
Wives of Khalid Saifi, Hany Babu, GN Saibaba demand release of ‘political prisoners’ (Maktoob / Jan 2023)

▪ Bombay High Court Refuses Bail To DU Professor Hany Babu

(Live Law / Sep 2022)
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.
Read more

▪ Video: Personal Liberty and the Indian Courts

25/10/2022


en | 1h 42min | 2022
The discussion examines the recent three judgements relating to
► The denial of bail of Jyoti Jagtap by the Bombay High Court in the Bhima Koregaon Conspiracy case.
► The stay on the Bombay High Court judgement of acquittal/discharge of Dr. GN Saibaba and others by the Supreme Court
► The denial of bail by the Delhi High Court of Umar Khalid in the Conspiracy case of the Delhi Riots of 2020.
Watch video (PUCL fb page)

▪ Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report

(The Wire / Dec 2021)
Arsenal Consulting was engaged by Wilson’s defence lawyers to study the electronic evidence submitted against him in the Elgar Parishad case.
… Wilson, who was a core part of the 17- member Committee for Defence and Release of G. N. Saibaba, also received a message which said “Free Dr Saibaba and Oppose the suppression of Dissent in India. Please sign the petition here clicking [link]” on October 8, 2017.
Read more

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

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

‘Never Adjusted Your Stand’: 9 Elgar Accused Congratulate Anand Teltumbde From Jail

05/02/2024

The Wire / by The Wire Staff

Their co-accused who is out on bail, Teltumbde has been conferred the Basava National Award – Karnataka’s highest honour.
… Although a few have been granted bail on medical and technical grounds, nine remain behind bars at Byculla and Taloja prisons in Maharashtra. The latter have written a congratulatory letter to co-accused Dr Anand Teltumbde, on his being given the Karnataka government’s highest award, the Basava Award.
The letter, which the prisoners released through their lawyers, is being produced below.
Read more


‘A small streak of light’: Seven BK prisoners congratulate Anand Teltumbde on award

04/02/2024

Scroll.in / by Scroll Staff

The writer, who is on bail in the same case, was honoured with the Basava Award by the Karnataka government on January 31.
The seven people who are still in jail in the Bhima Koregaon case have congratulated their co-accused Anand Teltumbde for having been granted the Karnataka government’s Basava Award on January 31 and pushing “forward the wheel of democratic revolution of annihilating the caste system”.
Read more


Also read:
‘My state has done the greatest honour by putting me in jail’: Anand Teltumbde after receiving award (Indian Express / Feb 2024)

SC to hear bail plea of Surendra Gadling in 2016 Surjagarh mine arson case on February 8

SC to hear bail plea of Surendra Gadling in 2016 Surjagarh mine arson case on February 8

Surendra Gadling

Deccan Herald / by pti

He is also an accused in the Elgar Parishad-Maoist links case about alleged provocative speeches delivered at the Elgar Parishad conclave held in Pune on December 31, 2017, which police claimed triggered violence the next day near the Koregaon-Bhima war memorial in Pune district.
The Supreme Court on Thursday agreed to hear on February 8 the bail plea of advocate Surendra Gadling in connection with the 2016 Surjagarh iron ore mine arson case.
Read more


Also read:
Supreme Court allows state time to file counter-affidavit in Surendra Gadling bail plea (The Leaflet / Nov 2023)
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao, prompting senior lawyers to say this is ‘ever-greening of charges’ (The Leaflet / Jan 2019)

After 1 week of interim bail Surendra Gadling returns to Taloja jail

After 1 week of interim bail Surendra Gadling returns to Taloja jail

by Indira Jaising / @Ijaising (Jan 3)

After 1 week of interim bail, in the Bhima Koregaon case.

Surendra Gadling returns to Taloja jail.
We
The stuggle for freedom will prevail. But look at that smile , that victory sign , that good cheer after over 5 years in Taloja jail.

Disclaimer , I am one among many of his lawyers.


Also read/watch:
NIA court gives temporary bail to Surendra Gadling to attend wedding in Nagpur (Hindustan Times / Dec 2023)
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
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

Bhima Koregaon: The process continues to clot as punishment as another year passes by

Bhima Koregaon: The process continues to clot as punishment as another year passes by

Poster by #bakeryprasad

The Leaflet / by Ayaz Parrey and Sarah Thanawala

Many of the accused in the Bhima Koregaon–Elgar Parishad case have now spent one more year incarcerated without a trial. A far cry from the verbiage of high judicial officials that even a day’s denial of liberty is too much.
… Here is a recap of the major developments in the case this year, of bail applications granted, stayed and pending; the consistent pleas for the National Investigation Agency (NIA) to comply with the Code of Criminal Procedure (CrPC), 1973; and the courts heeding to medical conditions-related pleas of the accused.
Read more

NIA court gives temporary bail to Surendra Gadling to attend wedding in Nagpur

NIA court gives temporary bail to Surendra Gadling to attend wedding in Nagpur

Poster by PUDR, June 2023

NIA court gives temporary bail to Surendra Gadling to attend wedding in Nagpur

08/12/2023

Hindustan Times / by Rutuja Gaidhani

A special National Investigation Agency (NIA) court on Thursday granted temporary bail to Surendra Gadling, an accused in the Elgar Parishad case 2017, from December 25 to January 2 of 2024, to attend a relative’s wedding in Nagpur.
While granting Gadling bail, special judge R J Katariya noted that the original wedding card of his relative was produced which proved the case. “The applicant (Gadling) shall not leave Nagpur city and there shall not be any prayer for extension of the period of bail in any circumstances,” said the court.
Read more


NIA Court Grants Temporary Bail To Surendra Gadling Held In Elgar Parishad Case To Attend Close Relative’s Wedding

07/12/2023

Free Press Journal / by Charul Shah Joshi

He has been asked not to leave the Nagpur city during the said period of one week and also not hamper the evidence and prosecution witnesses
The special NIA court on Thursday granted temporary bail to advocate Surendra Gadling, an accused in the Elgar Parishad case, to attend the wedding of a close relative in the family for one week from December 25 till January 2.
Read more


Also read:
Supreme Court issues notice in bail plea of Surendra Gadling (The Leaflet / Oct 2023)
● 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
Surendra Gadling’s Computer Was Attacked, Incriminating Documents Planted: Arsenal Consulting (The Wire / July 2021)
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