Browsed by
Tag: UAPA

Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

19/10/2021

The Quint / by Vakasha Sachdev

Despite strict bail conditions & the SC’s Watali judgment, courts can still apply their mind to see if charges fit.
India has for many years had a major problem when it comes to pre-trial incarceration. 70 percent of prisoners in India are undertrials, according to the latest available NCRB data (from 2019) – that’s 3,28,000 people in jail without ever being convicted.
… The Bhima Koregaon accused are the best example of this, with bail denied to them despite incriminating evidence appearing to be planted on their computers (Rona Wilson), the material against them being dubious (Sudha Bhardwaj) and having severe illnesses (83-year-old Father Stan Swamy, who eventually died in jail).
Read more


Kappan’s Chargesheet and Threat to Reporters Covering Minority Issues

19/10/2021

Newsclick / by Hana Vahab

An independent journalist in India has been behind the bars for one year. His crime, as per the chargesheet filed is, reporting and writing stories only for “inciting” the Muslim community.
… The number of journalists charged with UAPA in the past five years add up to over 5,000 with a hike of 162% in sedition cases between 2016- 2019 as per the National Crime Records Bureau. Those who were incarcerated under UAPA include … human rights lawyers Arun Ferreria and Surendra Gadling, Dalit rights activists Sudhir Dhawale and Mahesh Raut, women’s rights activist Shoma Sen among others.
Read more

When Can an Accused in Jail Get Medical Bail? Is it Possible in UAPA Cases?

When Can an Accused in Jail Get Medical Bail? Is it Possible in UAPA Cases?

The Quint / by Vakasha Sachdev

Nearly all Bhima Koregaon accused have been denied medical bail despite serious ailments. Here’s what the law says.
On 24 September, the Bombay High Court will consider whether to extend the bail granted by it to poet and activist Varavara Rao on medical grounds, back in February.
81-year-old Rao had been granted medical bail for six months by the court in view of various medical problems that had kept requiring hospitalisation and repeated deteriorations in his condition every time he was sent back to jail.
Read more

Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case (pictures)

Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case (pictures)

Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case

15/09/2021

The Hindu / by Staff Reporter

‘It is a protest against stifling of all voices for democratic rights’
The arrest of thinkers, social activits and writers in connection with the Bhima Koregaon case is not just a blantant violation of human rights, but a threat to intellectuals who speak against Hindutva forces, said Madurai MP Su. Venkatesan on Wednesday.
Read more


Activists Form Human Chains to Demand Release of Bhima-Koregaon Detainees

15/09/2021

Newsclick / by Neelambaran A

Left, youth, Dalit and human rights organisations in Tamil Nadu slam the BJP government for muzzling dissent.
More than 25 Left, youth, Dalit and human rights organisations in Tamil Nadu formed human chains on the International Day of Democracy on Wednesday to protest the illegal detention of intellectuals and activists, including in the Bhima-Koregaon case, under the Unlawful Activities (Prevention) Act (UAPA), 1967.
Read more


Also read:
95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report (Sabrang / Sep 16, 2021)

Anyone who exposes the agenda of Sangh Parivar is silenced: Thirumavalavan (The Hindu / Sep 15)


In pictures

Pictures shared by Era.Athiyamaan / @EraAthiyamaan

Pictures shared by CPI (M) / @cpimspeak

Pictures shared by SimpliCityCoimbatore / @simplicitycbe

Release Bhima-Koregaon Prosoners Immediately – Release All Political Prisoners

UN rights chief condemns ongoing restrictions on freedom of assembly

UN rights chief condemns ongoing restrictions on freedom of assembly

Jurist.org / by Sambhav Sharma

The UN High Commissioner for Human Rights, Michelle Bachelet, on Monday condemned India’s restrictions placed on public assembly in Jammu and Kashmir, pursuant to the Unlawful Activities (Prevention) Act of 1967 (UAPA)…
This condemnation comes after many in India have continuously criticised the allegedly arbitrary and abusive law that punishes dissenters who are vocal against government actions. As many as 5,128 cases have been registered in India under the UAPA since 2015.
The law was also severely scrutinised in July after the demise of Father Stan Swamy, a tribal rights activist who was arrested under the UAPA for his alleged involvement in the Bhima Koregaon violence in 2018 and his links to Maoists.
Read more

Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

14/09/2021

Bar & Bench / by Neha Joshi

The Bench of Justices SS Shinde and NJ Jamadar issued notice to the NIA in the matter, with a direction to file a reply within three weeks.
Bhima Koregaon accused Anand Teltumbde has approached the Bombay High Court challenging bail provisions of the Unlawful Activities (Prevention) Act (UAPA) and misuse of the term “front organisation” by the National Investigation Agency (NIA).
Read more


Anand Teltumbde Moves Bombay High Court Challenging Stringent Bail Conditions & ‘Vague Terminology’ In UAPA

13/09/2021

Live Law / by Sharmeen Hakim

In a significant challenge, Professor Anand Teltumbde, an accused in the Bhima Koregaon- Elgar Parishad Caste Violence Case, has filed a writ petition in Bombay High Court to quash the terminology “and all its formations and front organizations” attached to the banned CPI (Maoist) in the first schedule of the Unlawful Activities Prevention Act (UAPA).
He claims that the “vagueness” of the terminology is used as a tool to circumvent due process wherein the State does not notify a particular organization as banned under the UAP Act but investigating agencies keep using the ‘front organization’ card with impunity and no oversight, especially to oppose bail.
Read more


Bombay HC seeks NIA response to Teltumbde’s pleas seeking bail, challenging UAPA

13/09/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was on Monday hearing Anand Teltumbde’s appeal against the July order of the NIA court that rejected his bail application.
The Bombay High Court on Monday issued a notice to the National Investigation Agency (NIA), seeking its response to an appeal filed by Elgaar Parishad case accused Anand Teltumbde against rejection of his bail application by the special NIA court.
Read more


Teltumbde moves HC on UAPA”s ”frontal organisation” provisios

13/09/2021

Outlook / by pti

Anand Teltumbde, an accused in the Elgar Parishad Maoist links case, has filed a writ petition in Bombay High Court seeking that a provision under the Unlawful Activities Prevention Act (UAPA) to brand certain groups as a front for banned or terrorist organisations be quashed as it was bad in law.
The UAPA provides for the declaration of an association as unlawful and for the listing of organisations in the first schedule of the Act as “terrorist organisations”.
Read more


Also read: ‘Mass frenzy has made India’s destroyers nationalists, its selfless servers traitors. Hope you speak out before your turn comes’ (The Polis Project / by Anand Teltumbde, April 14, 2020)

Who is a political prisoner? Time to define one

Who is a political prisoner? Time to define one

By Nandita Haksar

There has been a great deal of anguish, angst and anger expressed at the death of Stanislaus Lourduswamy (1937–2021), popularly known as Stan Swamy, an Indian Roman Catholic priest, a member of the Jesuit order, and a tribal rights activist for many decades
His death has drawn focus to the cruelty of the system which denied the right to die with dignity to a senior citizen who was suffering from Parkinson’s disease. However, the imprisonment of Stan Swamy and other political prisoners, including poets, journalists, bloggers, women activists, students, Dalits and Muslims, raises crucial questions. It is not just a humanitarian issue but a political one.
Read more

Activists hold vigil for Fr. Stan, want stringent laws gone

Activists hold vigil for Fr. Stan, want stringent laws gone

Activists hold vigil for Fr. Stan, want stringent laws gone

29/08/2021

The Statesman / by Sankha Ghosh

“Fr Stan had given his entire life to ensure the rights of the marginalized people, and he had been never silent for the rights of the poor people. But he had been arrested under false charges and he died in an inhuman, insensitive manner. We will carry forward his movement for social justice,”
Rights activists, civil society groups, mass organisations, tribal organisations and members of trade unions today vowed to continue their struggle to demand the abrogation of the stringent Unlawful Activities (Prevention) Act (UAPA), sedition law, and unconditional release of political prisoners.
Read more


Father Stan Swamy’s struggle to be taken to panchayats

29/08/2021

The Telegraph / by Animesh Bisoee

One of the conveners of Shahid Father Stan Swamy Nyay Morcha said the awareness campaign will start on September 1 and continue till October 8
Members of trade unions, non-BJP parties and civil society organisations who have come together in the aftermath of the custody death of Father Stan Swamy have decided to take the Jesuit priest’s struggle for the rights of the oppressed and undertrials to the panchayat level in Jharkhand.
Read more


CPM to organise block-level demonstrations across Jharkhand on Oct 8 to mark Swamy’s arrest

29/08/2021

Times of India / by Times of India

The state unit of CPM concluded its two-day state convention on Saturday where it decided that it will organise campaigns at the grass-root level to highlight issues such as civil liberties, the release of political prisoners and scrapping of the Unlawful Activities (Prevention) Act.
Read more

Newswire’s special issue dedicated to Father Stan Swamy / AILAJ’s August issue

Newswire’s special issue dedicated to Father Stan Swamy / AILAJ’s August issue

Newswire – A special issue dedicated to Father Stan Swamy

22/08/2021

By India Civil Watch

Here’s what you will find inside Newswire 9
1. Spotlight: South Asian Dalit Adivasi Network (SADAN), Canada
2. Vidya Bhushan Rawat, Interview with Rana Khan
3. The Compassionate Revolution of Saint Stan Swamy (1937 – 2021), Shaj Mohan and Divya Dwivedi
4. Under the Mango tree, Madhumita Dutta
5. Stan Swamy in the eyes of a Thirteen Year old, Ananya Mamatha Anil
6. This Month in History, Balmurli Natarajan
7. Poetry!
Download here


AILAJ’s August issue

19/08/2021

By All India Lawyers´Association for Justice (A)

AILAJ’s August issue is out! It has pieces on Pegasus, UAPA, Father Stan Swamy and the plight of prisoners in light of the pandemic. It also contains all the representations AILAJ has made to various judicial and state functionaries.

Download here

Planted Evidence and the BK 16 – Citizens’ Statement Demands Immediate Release

Planted Evidence and the BK 16 – Citizens’ Statement Demands Immediate Release

Planted Evidence and the BK 16 – Citizens’ Statement Demands Immediate Release

18/08/2021

KAFILA / by concerned citizens

We, the undersigned, condemn the continued incarceration of the academics, cultural activists, human rights activists, lawyers, poets and trade unionists arrested in the Bhima Koregaon-Elgar Parishad case and unitedly demand their immediate release. After three years of media trial, harassment, raids and arrests of 16 persons, one of the arrested, Father Stan Swamy died on July 5th following wanton medical neglect in custody amounting to institutional murder.
Read full statement


The Steep Fall Of Dissent In India

18/08/2021

Feminism in India / by Mansi Bhalerao

The current socio-political discourse in India is such that it primarily focuses on instances of inter-religious and inter-caste violence and the activities of political and social organisations that are characterised as communal or casteist. Such a discourse is complacent and ignores the larger political and social structures that give birth to communalism and sectarian political and social organisations. However, the rising violence vis-à-vis institutional murders, unlawful arrests of activists and wide-spread communalism in India are calls to delve into the structural nature of casteism and communalism in India, in the light of dissent.
Read more