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

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


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

GN Saibaba’s death puts spotlight back on plight of incarcerated activists / Various Statements

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)

Activists mark four years in jail under India’s UAPA without trial or bail

Activists mark four years in jail under India’s UAPA without trial or bail

Credits: @FreeUmarKhalid1

Activists mark four years in jail under India’s UAPA without trial or bail

20/09/2024

Peoples Dispatch / by Peoples Dispatch

Umar Khalid and more than a dozen activoists have spent four years in prison under India’s controversial Unlawful Activities Prevention Act (UAPA), with no trial or bail. The cases are widely seen as politically motivated efforts to suppress dissent
… The Communist Party of India (Marxist) has called for the scrapping of the UAPA, claiming it has been used by the Narendra Modi led-BJP government to silence the opposition and to put its critics behind bars in cases such as Bhima Koregaon and Delhi riots.
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Umar Khalid’s Father Lambasts Misuse of Laws to Silence Dissent

20/09/2024

Clarion / by Team Clarion

Calls for judicial accountability as Umar Khalid and others languish in jail without bail or proper trial
Anti-terror laws are being systematically used to silence the dissenting voices in the country, the father of incarcerated JNU student and activist, Umar Khalid, has said.
“Laws like UAPA, TADA, and POTA were meant to combat terrorism, but they have been weaponised against ordinary citizens and activists,” Khalid’s father, Dr Qasim Rasool Ilyas, said. He was addressing an event ‘Curtailed Freedoms: A Travesty of Justice’ hosted by the Association for Protection of Civil Rights (APCR) and Concerned Citizens Delhi at the Constitution Club of India here earlier this week.
Read more


Also read:
Four Years of Injustice: Free Umar Khalid and All Political Prisoners (Hindus for Human Rights / Sep 2024)
Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

The SC Is Making Bail Easier In Terrorism, Money Laundering Cases – Except When It Ignores Itself

The SC Is Making Bail Easier In Terrorism, Money Laundering Cases – Except When It Ignores Itself

Article 14 / by Areeb Uddin Ahmed

11 Supreme Court rulings over 10 months appear to be reshaping bail jurisprudence in India, especially with regard to India’s terrorism and money laundering laws, often used to incarcerate many without bail for years. Despite these landmark judgements, the Supreme Court has also avoided deciding bail on high-profile cases important to the government, in so doing ignoring its own rulings.
At least 11 Supreme Court rulings over 10 months granting bail appear to be gradually reshaping bail jurisprudence in India, especially with regard to India’s terrorism and money laundering laws. 
The restrictive bail provisions of these laws have been frequently used to keep accused, mostly protestors, poets, Opposition politicians, dissidents, academics and artists, in jail with no sign of trial.
Read more


Also read:
SC adjourns hearing on bail plea of Bhima Koregaon case accused Jyoti Jagtap (Hindustan Times / Jul 2024)
Bombay HC rejects default bail of five accused in Bhima Koregaon case (Scroll.in / Jul 2024)
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

How SC has liberalised bail jurisprudence under anti-terror law UAPA in last three years

How SC has liberalised bail jurisprudence under anti-terror law UAPA in last three years

How Supreme Court has liberalised bail jurisprudence under anti-terror law UAPA in last three years

16/08/2024

The Print / by Akashat Jain

Section 43D(5) of the Act lays down stringent provisions for grant of bail, but there has been a gradual shift in giving bail to UAPA accused over past few years.
From bombing accused K.A. Najeeb to Bhima-Koregaon accused Vernon Gonsalves, the Supreme Court has allowed bail to many accused of terrorism in the last three years. It has allowed bail despite its 2019 order which pegged the standard for allowing bail under the Unlawful Activities Prevention Act (UAPA), 1967 to be higher, a decision which has rarely followed.
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UAPA no exception to the rule on bail

15/08/2024

Hindustan Times / by HT Editorial

Taken together, SC’s pronouncements underline the draconian nature of the law. It is time this is addressed by the legislature of a mature democracy.
Time and again, the Supreme Court (SC) has pronounced that bail is the rule and jail the exception. But Tuesday’s ruling, that this holds true for special statutes such as the Unlawful Activities (Prevention) Act, or UAPA, is of special import. Not because the apex court reiterated its protection of the personal liberty of citizens, but because in ruling so, it implicitly outlined how the law lends itself to strategic misuse.
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‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA

‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA


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.
Read more


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


How the State uses ‘national security’ to spellbind the process of justice

How the State uses ‘national security’ to spellbind the process of justice

The Leaflet / by Gursimran Kaur Bakshi

As the J&K High Court recently reiterated, allegations of ‘terrorism’ have become a copy-paste template that the State uses to muffle dissent, but why do courts freeze the process of criminal justice on hearing ‘national security’?

The jurisprudence has resulted in widening the coercive powers of the police and investigation agencies. Since the court only forms its assessment on broad probabilities, a pattern has emerged from the evidence submitted by the prosecution in a wide range of UAPA cases where there is a similarity in terms of enormous allegations running into thousands of pages, generalised testimonies of witnesses; most of which are protected witnesses, lack of incriminating evidence and heavy reliance on electronic evidence and literature.
There are similarities in three specific instances: those arrested in the backdrop of the 2018 Bhima-Koregaon violence, deoperationalisation of Article 370, and 2020 Northeast Delhi riots.
Read more


Also read:
Article 21 ‘overturned’ by new criminal laws: Lawyers, activists remember Stan Swamy (Counterview / Jul 2024)
Authorities must immediately repeal repressive new criminal laws (Amnesty International / Jul 2024)
A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism (The Wire 7 Jul 2024)
AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)

How the SC speaks in contradictory voices / Staying of bail Orders disastrous for human liberty, says SC

How the SC speaks in contradictory voices / Staying of bail Orders disastrous for human liberty, says SC

How the SC speaks in contradictory voices on bail

14/07/2024

Scroll.in / by Vineet Bhalla

Bail has been reduced to a judicial lottery with different judges and benches of the court taking inconsistent stances on similar issues.

On July 11, the Supreme Court castigated the Delhi High Court for staying a regular bail order in separate case for over a year when it has itself stayed the order granting bail to Dalit activist Mahesh Raut in the Bhima Koregaon case for more than nine months now.
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Casual and mechanical staying of bail Orders disastrous for human liberty, says SC

13/07/2024

The Leaflet / by The Leaflet

In a significant development, a Supreme Court Bench of Justices Abhay S. Oka and Augustine George Masih has said it will lay down parameters on the stay of bail-granting Orders.

The Supreme Court itself has been guilty of staying bail Orders without reason. For instance, Bhima Koregaon accused Gautam Navlakha was granted regular bail by the Bombay High Court Bench on December 19, 2023, after observing that it could not be said, based on the material produced by the National Investigation Agency (NIA), that there exist reasonable grounds for believing that the accusation against Navlakha was prima facie true to attract Sections 16, 18, 20 and 39 of the Unlawful Activities (Prevention) Act.
Read more


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)
‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)

In a case involving fake currency, Supreme Court gets real about the right to speedy trial

In a case involving fake currency, Supreme Court gets real about the right to speedy trial

The Leaflet / by The Leaflet

The Supreme Court has provided a timely reminder, as much to itself as to subordinate judiciary and the general public, that presumption of innocence and the right to a speedy trial cannot be counterfeited by ‘national security’.
IN a significant ruling, the Supreme Court has held that irrespective of the nature of the crime, an accused is entitled to a speedy trial.
The court has also remarked that “if the prosecuting agency and the court concerned have no wherewithal to protect the fundamental right to a speedy trial, then they should not oppose the bail petitions on the ground that the crime committed is serious.”
Read more


Also read:
‘Trial will take years & years & years:’ SC grants bail to Bhima Koregaon accused Gautam Navlakha (The Print / May 2024)
Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
How many years can an undertrial languish in jail without trial? Bombay High Court asks NIA on Bhima-Koregaon Violence (Free Press Journal / Jul 2021)

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

Jacobin.com / by Safa Ahmed

Since reaching power, Narendra Modi’s Bharatiya Janata Party has jailed political critics using bogus terrorism and incitement charges. But an electoral setback for his party offers hope of change in India and a crack in his authoritarian Hindutva order.
… There are those who do make it out of prison. But in one harrowing case, imprisonment under the UAPA became a death sentence. In 2018, violent clashes broke out between Dalits and Hindu militant groups in Bhima Koregaon, a village in Maharashtra state. Instead of arresting any militants, police in the state arrested sixteen eminent activists, academics, and lawyers over the next two years — all of whom were involved in civil rights work supporting marginalized Dalits and tribal Adivasi communities.
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Video: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

By The Telegraph

en | 4:45 | 2024
From Kashmir to Pune, from the barrage of detainees from the CAA-NRC protests to the Delhi riots case accused to the infamous Bhima Koregaon arrests, Prime Minister Narendra Modi’s time in office has been marked by a number of ‘political prisoners’ who remain indefinitely behind bars, with their trials still pending.
Watch video

Read more: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial (The Telegraph / June 2024)


Also Read:
How The Indian Prison System Denies Basic Freedoms, Rights And Dignity To Political Prisoners (The Polis Project / June 2024)
The Opposition Must Demand the Release of all Political Prisoners (The Wire / June 2024)
Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)