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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.
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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.
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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.
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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.
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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.
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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.”
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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)

The Opposition Must Demand the Release of all Political Prisoners

The Opposition Must Demand the Release of all Political Prisoners

The Opposition Must Demand the Release of all Political Prisoners

23/06/2024

The Wire / by Partho Sarothi Ray

It is the duty of a revitalised opposition to prevent the continuation of the darkness that has descended over India in the last 10 years.
The results of the recently concluded Lok Sabha elections, although quite unexpected and surprising for many, has brought a fresh breath of life to the sovereign, socialist, secular, democratic Republic of India. Nay, it might have brought it back from the brink of the precipice into which it would have tumbled with another outright victory for the Bharatiya Janata Party (BJP) under Prime Minister Narendra Modi.
Read more

Also read:
▪ To Think of Modi 3.0 as Less Dangerous Would Be a Misreading (The Wire | Anand Teltumbde | June 12, 2024)
▪ Who Does June 4 Belong to? (The Wire / June 5, 2024)

Colonial Reality of India’s Criminal Laws Remains Despite the New Hindi Names

Colonial Reality of India’s Criminal Laws Remains Despite the New Hindi Names

Colonial Reality of India’s Criminal Laws Remains Despite the New Hindi Names

21/06/2024

The Wire / by Rajshree Chandra

The argument that we are in the process of decolonizing laws is a bogus one and it reveals our hypocrisies more than anything else.
… Arundhati Roy today is now going to be being tried under many provisions of IPC along with the Unlawful Activities Prevention Act (UAPA) for a speech she gave in 2010, 14 long years ago.
Fourteen years ago, she was charged with sedition (S. 124 A) based on a complaint that her speech (in Delhi) advocated separation of Kashmir from India and therefore “jeopardised public peace and security”. Fourteen years later, charges have been upgraded, and she is now also charged under the anti-terror law UAPA for reasons that are legally confounding but politically quite apparent.
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SKM condemns prosecution sanction of Arundhati Roy, Showkat Hussain under UAPA

20/06/2024

Deccan Herald / pti

The Delhi LG, earlier last week, gave his sanction to prosecute Roy and Hussain for allegedly making provocative speeches at an event in 2010.
The Samyukt Kisan Morcha (SKM) on Thursday condemned Delhi LG V K Saxena’s approval to prosecute author Arundhati Roy and former Central University of Kashmir professor Sheikh Showkat Hussain under the stringent Unlawful Activities (Prevention) Act.
… “The slapping of UAPA reflects that the present government, although cut down to size in recently concluded Lok Sabha elections, nonetheless wishes to continue with its older line of clamping down on any dissent and branding it as ‘anti-national’,” the organisation added.
The SKM claimed the National Investigation Agency has sent to jail 16 leading intellectuals and activists with “false charges” in the Bhima-Koregaon case.
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Talons intact – Indian democracy is not free from fascism yet

22/06/2024

The Telegraph / by Asim Ali

The electoral setback for the BJP marks an important check on the accelerated process of “fascistization of the regime” as I had noted in my column for The Telegraph last month
The last fortnight has been marked by a widespread sentiment of relief at the failure of the Narendra Modi regime to come back with a full majority. The relief is understandable. The sentiment, which seems out of place, represents the exultation at the triumphant redemption of Indian democracy from the clutches of fascism.
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Also read/watch:
▪ India: Arrests, Raids Target Critics of Government (Amnesty International / Oct 2023)
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Arundhati Roy: #Me Too Urban Naxal (Scroll.in / Aug 2018)

▪ Video: PUCL and over hundred organisations present: Repeal UAPA – Persecution by Prosecution

Lawyers, the persecuted, their families and others will present how UAPA is being used to persecute activists and silence dissent. The 3 days will see State-wise sharing from AP, Assam, Chhattisgarh, Delhi, Haryana, J&K, Jharkhand, Karnataka, Kerala, Maharashtra, Punjab, Telangana & UP

► Repeal UAPA – Day Three (en + … | 2h 51min | Jan 2021)
► Repeal UAPA – Day Two (en +… | 2h 22min | Jan 2021)
► Repeal UAPA – Day One (en + … | 2h 17min | Jan 2021)