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Maharashtra Special Public Security Act, Pre-Emptive Criminalisation And Indefinite Surveillance

Maharashtra Special Public Security Act, Pre-Emptive Criminalisation And Indefinite Surveillance

Pic credits: MR online

Outlook / by Anand Teltumbde

The MSPSA gives the state-corporate nexus the legal means to suppress participatory democracy under the guise of public security.
On July 10, 2025, the Maharashtra Vidhan Sabha passed a revised version of the Maharashtra Special Public Security Act (MSPSA), exactly one year after the original draft was introduced on July 11, 2024, by the Shiv Sena-BJP coalition under Chief Minister Eknath Shinde. Initially framed as a response to the perceived threat of “urban Naxalism”, the Bill claimed to address the alleged infiltration of Maoist ideology into urban areas through affiliated organisations offering logistical support and shelter to underground cadres.
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Also read:
▪ Fall of Democracy’s Last Bastion: Election Commission as the BJP’s Strategic Shield (The Wire | by Anand Teltumbde | Aug 2025)
▪ New Maharashtra Security Law Open To Abuse, Threatens Rights; Say ‘No’ To It (Deccan Chronicle / Aug 2025)
▪ The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime (The Wire / Aug 2025)
▪ Insecurity By Law: A Critique of the Maharashtra Special Public Security Bill in the Context of India’s Banning Regime (PUDR / Jul 2025)
▪ As Maharashtra Govt Brings Bill Against ‘Urban Naxalism’, Activists Fear Criminalisation of Dissent (The Wire / Jul 2025)

Stan Swamy Lecture Cancelled – A Case Study in India’s Shrinking Space for Dissent

Stan Swamy Lecture Cancelled – A Case Study in India’s Shrinking Space for Dissent

The Print / by Ranjan Solomon

St. Xavier’s bowed to ABVP pressure, cancelling a memorial for the late Jesuit activist, exposing the deepening crisis of free speech and academic courage in India.
The cancellation of the Stan Swamy Memorial lecture and the weaponisation of allegations, truth is obfuscated. 
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Also read:
▪ “Sorry, Stan!” (Countercurrents / Aug 2025)
▪ Daring, Fearless and Kind, Father Stan Swamy Remains a Beacon of Resistance (The Wire | by Hany Babu, Jyoti Jagtap, Mahesh Raut, Ramesh Murlidhar Gaichor, Sagar Gorkhe, Surendra Gadling | Jul 2025)

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


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

When Najeeb meets Watali – On the statutory restrictions on grant of bail under UAPA

When Najeeb meets Watali – On the statutory restrictions on grant of bail under UAPA

Constitutional Law and Philosophy / by Hany Babu and Surendra Gadling

This is a guest post by Hany Babu and Surendra Gadling, who have been detained in prison as “undertrials” since 2020 and 2018, respectively. This piece is being published here simultaneously with The Proof of Guilt blog.

The judgement in the case of  (2019) 5 SCC 1 [“Watali] was delivered by the Supreme Court on 02.04.2019. Ever since then, procuring bail for a person accused of an offence under Chapters IV or VI of the Unlawful Activities (Prevention) Act, 1967 (UAPA) has been, to borrow an illustrative simile used by Abhinav Sekhri, like asking a person to swim after throwing him in deep water with both his hands tied behind him.
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Also read:
▪ The Grammar of the Power to Arrest and Search under UAPA (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Jul 2025)
▪ How Long is Too Long? – On the Maximum Period that an Undertrial Prisoner can be Detained (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Oct 2024)
▪ Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant (The Wire / Jul 2023)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime

The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime

Credits: Illustration by The Wire.

The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime

01/08/2025

The Wire / by Harish Dhawan and Paramjeet Singh

The Bill strikes at the heart of the fundamental right to association.
The Maharashtra assembly has passed the Maharashtra Special Public Security Bill (MSPSB), making it the latest addition to a growing arsenal of banning legislations that cloak sweeping state power to curb the fundamental right to freedom of association with the language of security.
From its title to its objective and provisions, the Bill is shrouded in layers of ambiguity.
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Insecurity By Law: A Critique of the Maharashtra Special Public Security Bill in the Context of India’s Banning Regime

July 2025

PUDR / by People’s Union for Democratic Rights (PUDR)

The Maharashtra Bill, which has been designed specifically to target the ‘spread of Naxalism in urban areas,’ as evident in its ‘Object and Reasons’, is an offshoot of a popular narrative, a social media hashtag- the ‘Urban Naxal’, popularised by filmmaker Vivek Agnihotri.
…
Particularly in the wake of Elgar Parishad in 2017, the term became a common political lexicon used to describe anti-establishment protesters and dissenting voices. The term ‘Urban Naxal’ formed the backstory for the FIR filed against the people implicated for the Bhima Koregaon case, it even became a synonym for the case itself.
Read full report

Also read:
▪ Maharashtra’s Urban Naxal Bill and its New War on Civil Society – Criminalizing Dissent (Countercurrents / Jul 2025)
▪ As Maharashtra Govt Brings Bill Against ‘Urban Naxalism’, Activists Fear Criminalisation of Dissent (The Wire / Jul 2025)
▪ Maharashtra Assembly passes bill to curb ‘left-wing extremism‘ (Scroll.in / Jul 2025)
▪ Maharashtra: Top Cop Accuses Decades-Old Cultural, Rights Orgs of Working as ‘Naxal Fronts’ (The Wire / Feb 2022)

When the Law Becomes a Weapon: India’s Broken Promise of Justice

When the Law Becomes a Weapon: India’s Broken Promise of Justice

Drawing by Arun Ferreira

Countercurrents.org / by  Dr Ranjan Solomon

“Innocence, once lost to the gallows or a prison cell, can never be returned. Who pays for that injustice?”
Today, the Bombay High Court overturned what had once been touted as a major victory in India’s fight against terror: the conviction of 12 men in the 2006 Mumbai train bombings, in which 189 people died. Five had been sentenced to death. The other seven, to life in prison. They had already spent over 18 years behind bars.
The High Court has ruled that the prosecution “utterly failed” to prove its case.
…
We must ask: What kind of justice system jails people without trial for 5, 10, 15 years—and then quietly lets them go when the truth catches up?
Do we even pause to think of the lives destroyed?
– Father Stan Swamy, 84 years old, arrested under UAPA, denied a straw for his Parkinson’s, died in custody without trial.
– Professor G.N. Saibaba, wheelchair-bound, imprisoned for years, only recently acquitted.
– The Bhima Koregaon 16—intellectuals and lawyers framed with tampered evidence, still awaiting justice.
Read more

Also read:
▪ Supreme Court stays HC verdict acquitting 12 in 2006 Mumbai train blasts case (Scroll.in / Jul 24, 2025)
▪ 7/11 Judgment Fails to Hold Police Accountable For Custodial Torture, Lost Time of Those Acquitted (The Wire / Jul 2025)
▪ Police torture, ill-treatment make India ‘high risk’: Report (Newslaundry / June 2025)
▪ Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)
▪ G.N. Saibaba’s Lifelong Campaign Was Against the Violence of Silencing (The Wire | by Rona Wilson | Oct 2024)
▪ ‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

Democracy-in-waiting: Voices Of An Imprisoned Conscience

Democracy-in-waiting: Voices Of An Imprisoned Conscience

Outlook / by Apeksha Priyadarshini

The continuing imprisonment of some of the country’s brightest minds will persist as an indelible taint on the history of a nation state that prides itself as a democracy.
… The same dissent that was criminalised by the British to suppress the anti-colonial struggle nearly a century ago, continues to be treated as a threat even today. Umar Khalid, an ex-student activist from JNU, has been in Tihar jail, New Delhi, since September 2020, on charges of partaking in a “conspiracy” that led to the communal violence in Northeast Delhi in February that year.
… Hundreds of kilometres from Delhi, human rights defenders started being arrested in 2018 by the Pune police under the same UAPA. This time, the allegations had involved inciting the violence at Koregaon Bhima in January 2018 and having alleged links with Maoist outfits.
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Also read:
▪ Meeting My Son Umar Khalid In Jail (Outlook / Jul 2025)
▪ Notes From Inside Taloja Prison (Outlook | by Mahesh Raut | Jun 2025)
▪ Inside Taloja Prison: A Study | By Mahesh Raut (Outlook / May 2025)
▪ ‘The Message Is Loud & Clear.’ Author Of New Book On 11 Indian ‘Prisoners Of Conscience’ & The Costs Of Defiance (article 14 / Mar 2025)
▪ Many Prisoners at Taloja Jail Not Produced Before Court For Years, Reveals Survey by Surendra Gadling and Sagar Gorkhe (The Wire / Feb 2025)

Congress has a UAPAwakening: Law parent cries ‘dangerous misuse’ / The Opposition’s Silence

Congress has a UAPAwakening: Law parent cries ‘dangerous misuse’ / The Opposition’s Silence

Congress has a UAPAwakening: Law parent cries ‘dangerous misuse’

12/06/2025

The Telegraph / by Pheroze L. Vincent

Khera mentioned the Bhima Koregaon case, the Delhi riots conspiracy, and the action on web portal NewsClick and other instances of journalists and activists facing arrest under the UAPA
The Congress on Wednesday skewered the anti-terror Unlawful Activities (Prevention) Act, alleging that the Narendra Modi government had weaponised it to stifle dissent and deny justice, but in the process starkly bared the irony that the party had itself passed the law and inserted the provisions that it now finds “draconian” and vulnerable to “dangerous misuse”.
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Modi govt using laws like UAPA to stifle dissent: Congress

11/06/2025

Deccan Herald / by PTI

Anand Teltumbde, Nodeep Kaur, and Mahesh Raut were arrested under UAPA in the Bhima Koregaon case
The Congress on Wednesday accused the Modi government of stifling dissent and said the “dangerous misuse” of laws like the UAPA to threaten free expression is part of the BJP’s broader attack on the Constitution.
“Under the Modi government, law has increasingly been used to stifle dissent and delay justice. Between 2014 and 2022, 8,719 UAPA cases yielded only a 2.55% conviction rate, exposing its misuse to target critics, students, journalists, and activists,” Congress’ media and publicity department head Pawan Khera said in a post on X.
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The Opposition’s Silence Has Let the BJP Diminish India’s Political Discourse

06/06/2025

The Wire / by Sarayu Pani

Today, the opposition faces a choice – they can either continue to allow the boundaries of political engagement in the country to be decided by the ruling party or they can ground their opposition in democratic principles.
… A vast majority of these instances have not been rhetorically resisted by the political opposition to the BJP. In 2019, for example, the Congress voted in favour of amendments that dangerously broadened the scope of the draconian Unlawful Activities Prevention Act in the Rajya Sabha.  Few opposition political parties have stood in clear solidarity with the detainees of either the Bhima Koregaon case or the Delhi riots conspiracy case.
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Also read:
▪ Maharashtra’s redrafted Public Security Bill narrows scope — but concerns about suppression of dissent persist (CJP / June 2025)
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Jul 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)
▪ A Dalit trade union activist and her fight for equal rights: A profile of Nodeep Kaur (The Polis Project / March 2021)

India’s Forgotten Country: How State Power & Capitalism Fuel The Totalitarian Temptation

India’s Forgotten Country: How State Power & Capitalism Fuel The Totalitarian Temptation

Credits: Penguin

Article 14 / by Ashoka Mody

In this guest article, economist and writer ASHOKA MODY connects the dots from writer, activist and human rights lawyer Bela Bhatia’s account of her activism to state coercion, corporate interests and the erosion of Indian democracy.
… Bhatia had long campaigned for tribal rights and was frequently at the forefront of protests against police atrocities. By this time, she was likely already under surveillance through the Pegasus spyware—a glaring invasion of her privacy, as she later described to The Telegraph. 
However, September 2019 was an especially dangerous moment to challenge India’s law enforcement. Starting in January 2018, after a violent clash between Dalits and Hindutva supporters in Bhima Koregaon (a historic village near Pune), Indian authorities had arrested about a dozen activists under the Unlawful Activities (Prevention) Act (UAPA), 1967. 
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Also read:
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Statement against the drone bomb attacks in Chhattisgarh, India (India Matters / April 2023)
▪ Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)
▪ They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)

Sudhir Dhawale interview: ‘The law remains blind to injustice even with the blindfold gone’

Sudhir Dhawale interview: ‘The law remains blind to injustice even with the blindfold gone’

Credits: Tabassum Barnagarwala/Scroll.in

Scroll.in / by Tabassum Barnagarwala

The writer spent six years and seven months in jail before receiving bail in the Bhima Koregaon case.
On January 24, when Sudhir Dhawale walked back into the narrow lane in the Mumbai neighbourhood of Govandi where he lived until he was arrested in June, 2018, young men welcomed him with the beat of the dhol.
His neighbours then marched in a celebratory procession to a statue of BR Ambedkar 100 metres away. Dhawale garlanded the statue and gave a short speech about the importance of safeguarding Dalit rights. And just like that, he said, his life returned to normal.
Read more

Also read:
▪ Interview | Sudhir Dhawale’s Work Will Go on (The Wire / Feb 2025)
▪ Rona Wilson interview: ‘My arrest was a warning to others who stand against the abuse of power’ (Scroll.in / Feb 2025)
▪ Rona Wilson and Sudhir Dhawale released: Seven years of injustice by a state that punishes dissent [read order] (Sabrangindia / Jan 2025)
▪ Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati │ by Sudhir Dhawale │ March 2018)

Rona Wilson and Sudhir Dhawale released: Seven years of injustice [read order] / Extraordinary delay in trial

Rona Wilson and Sudhir Dhawale released: Seven years of injustice [read order] / Extraordinary delay in trial

Rona Wilson and Sudhir Dhawale released: Seven years of injustice by a state that punishes dissent [read order]

29/01/2025

Sabrangindia / by Sabrangindia

Their freedom comes after years of judicial neglect and the systemic abuse of laws to silence opposition; highlights the weaponisation of anti-terror laws to crush dissent and derail justice.
After spending nearly seven years in jail, activists Rona Wilson and Sudhir Dhawale were finally released from Taloja Jail in Navi Mumbai on January 24, 2025. Their release came over two weeks after the Bombay High Court granted them bail in the controversial Bhima Koregaon case on January 8. The court noted the activists had been incarcerated since 2018, with no realistic hope of their trial concluding anytime soon—a grim reflection of India’s justice system and its treatment of dissenters.
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Bail for Bhima Koregaon accused highlights extraordinary delay in trial

28/01/2025

Scroll.in / by Vineet Bhalla

The snail’s pace at which the Bhima Koregaon case has proceeded through the criminal justice system is due to delays attributable to the prosecution.
Activists Rona Wilson and Sudhir Dhawale walked out of prison on Friday after being under incarceration for six and a half years in the Bhima Koregaon case.
The Bombay High Court granted them bail on January 8 on grounds that they had spent a long period in jail without trial or even charges being framed against them.
Read more

Also read:
▪ Rona Wilson, Sudhir Dhawale Get Bail After 6.5 Years of Jail in Elgar Parishad Case (The Wire / Jan 2025)
▪ Year after being granted bail, Mahesh Raut remains in jail as stay extended (The Indian Express / Sep 2024)