UAPA – Page 12 – free them all

The plight of jailed activists in ‘police state’

09/10/2022 Asha

Delhi. Oct 8, 2022

The Telegraph / by Pheroze L. Vincent

Try hugging your child with one arm
Political leaders on Saturday shared the stage with relatives and friends of activists imprisoned in terror cases, listening to how bail remained a mirage for years and police prevented the accused even from hugging their children in court.
Besides the release of their loved ones, most of the speakers demanded a repeal of the Unlawful Activities Prevention Act (UAPA) which made bail difficult to obtain, and alleged that an “undeclared emergency” had turned the country into a “police state”.
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Also read:

Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Press Release: India Behind Bars – The Cost Of Free Speech

06/10/2022 Asha

by AILAJ (Oct 8, 2022):
AILAJ co-organised ‘India Behind Bars’ press conference in the Press Club of India with
@AISA_tweets and @ryaindia. Hundreds of students, teachers, activists and concerned citizens of Delhi joined us.

By AISA (Oct 8, 2022):
Despite heavy rains, students, citizens of Delhi flooded the Press Club of India in solidarity with different political prisoners incarcerated under acts like UAPA, PSA, NIA etc. #FreeAllPoliticalPrisoners #IndiaBehindBars

Recording by Millat Times: India Behind Bars: The Cost Of Free Speech (Excerpt)

En/Hindi/Urdu | 30min | 2022
Watch video

click to enlarge posters

by Akash (Oct 6, 2022):
To quote Com. Ravi Rai @ravirai2015: “Those behind bars spoke up for us, it’s time for us to speak up for them.” #DelhiPogrom #bhimakoregaon
Join the Press Conference on 8 October at the Press Club.
#FreeAllPoliticalPrisoners #RepealUAPA

by AILAJ_HQ (Oct 5, 2022)
Join us on 8th Oct at 4 p.m. at the Press Club of India, New Delhi for a press conference on India Behind Bars: The Cost of Free Speech where we demand the scrapping of draconian laws and release of political prisoners.

click to enlarge poster

#ReleaseAllPoliticalPrisoners

click to enlarge posters

Also read:

Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

30/09/2022 Asha

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

28/09/2022

By V. Suresh, Madhura SB and Lekshmi Sujatha (PUCL)

Study of UAPA Abuse in India, 2009 – 2022
Published: Sep 28, 2022
41 pages
PUCL’s study on the use and abuse of UAPA covering the period between 2009 and 2022, with special emphasis on the NIA. A first in the series of a larger collaborative work as part of #RepealUAPA campaign.
Download report

PUCL report alleges abuse of Unlawful Activities (Prevention) Act

02/10/2022

The Hindu / by The Hindu Bureau

Report by the People’s Union for Civil Liberties says ‘suo motu power’ by Centre to transfer investigation from the State police was a ‘serious threat to federalism’
The People’s Union for Civil Liberties (PUCL) has released a report titled ‘UAPA: Criminalising Dissent and State Terror’ on the alleged abuse of the legislation during 2009-22, and demanding the law be repealed.
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97.2% of UAPA accused jailed for long periods and eventually acquitted, study finds

02/10/2022

The News Minute / by Jahnavi Reddy

The PUCL study found that 8,371 persons were arrested under the Unlawful Activities Prevention Act between 2015 and 2020, while only 235 were convicted under the draconian anti-terror law in the same period.
A total of 8,371 persons were arrested in 5,924 cases under the draconian Unlawful Activities Prevention Act (UAPA) across India between 2015 and 2020, according to a report by the People’s Union for Civil Liberties (PUCL), which sheds light on the Union government’s alleged abuse of the anti-terror law and calls to repeal it. In the same period, however, only 235 persons were convicted under the UAPA.
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NCHRO calls for solidarity to Lawyers and Human Rights Defenders who are arbitrarily detained

27/09/2022 Asha

By National Confederation of Human Rights Organizations (NCHRO)

27/09/2022

This letter elaborates our concerns about the unlawful detention of lawyers and other human rights defenders who were arrested on September 22nd, 2022 in an early morning raid along with over 100 others across the country by the National Investigation Agency (NIA), the principal counter-terrorist task force of India and Enforcement Directorate. The activists have been arbitrary detained under repressive laws including the Unlawful Activities (Prevention) Act (UAPA). Such detentions have become a regular practice of the present government…

The Bhima Koregaon case is just one emblematic example of the Indian authorities’ increasing use of anti-terror legislation, particularly the Unlawful Activities (Prevention) Act (UAPA) to punish those who ask questions about the illegitimate anti-minority and anti-poor stances.
Read full statement

The National Confederation of Human Rights Organisations (NCHRO) halts its work in the country

28/09/2022

By National Confederation of Human Rights Organizations (NCHRO)

The National Confederation of Human Rights Organisations (NCHRO) halted its work in the country as the news came that the Ministry of Home Affairs (MHA) had banned the organisation. This is a reprisal for the organization’s human rights work. The NCHRO is very proud of the vital human rights work carried out by the confederation.
As a result, we are suspending all our activities. Effective immediately, NCHRO halted all its programmes and we are not engaged and responsible for any posts on social media.
We will pursue legal remedies against this injustice.

Sincerely,
Prof A Marx

Draconian UAPA provisions challenged in the SC [read petition] / SC to hear plea on Oct 18

27/09/2022 Asha

Draconian UAPA provisions, constitutionality challenged in the SC [read petition]

28/09/2022

Sabrang India / by Tanya Arora

The most recent challenge to the UA(P)A is a petition filed that makes the case that vague language and arbitrary provisions violate allow governments to abuse powers and violate the fundamental rights of the citizens
The Unlawful Activities (Prevention) Act, 1967, is being challenged in court as having “manifestly arbitrary” provisions and a very broad definition of “unlawful activity” that has a stifling impact on free expression. The Supreme Court, that first took up the matter September 26, 2022 will hear the matter on October 18.
… The petition argues that the UAPA’s provisions are “arbitrary and perverse, since they represent a condemnation of all democratic expression,” and that governments are abusing them “to target any and all kinds of dissent.” The petition was filed through attorney Rahul Bhatia.
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Supreme Court to hear plea challenging UAPA on October 18

27/09/2022

Scroll.in / by Scroll Staff

The petitioner has argued that the law is being misused by the government as a political tool to target all forms of dissent.
The Supreme Court on Monday said it will hear a petition challenging the constitutional validity of the Unlawful Activities (Prevention) Act on October 18, Live Law reported.
Under the stringent provisions of the Unlawful Activities (Prevention) Act, investigation agencies get 180 days to probe a case, as against 60-90 days under ordinary criminal law.
… Umar Khalid, Sharjeel Imam, Siddiqui Kappan and Stan Swamy are some of the activists who have been accused under the draconian law.
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Prisoners of Conscience Under Modi Regime

25/09/2022 Asha

By Communist Party of India (Marxist-Leninist) Liberation

Since the BJP’s rise to power in 2014, the list of people -ranging from human rights activists to lawyers, and journalists to students – being persecuted for their identity and their fidelity to fighting for democratic and progressive rights, has grown rapidly. Starting from the arrests related to Bhima Koregaon in 2018 and protests against CAA in 2020 to the recent arrests of activist Teesta Setalvad and journalist Mohammad Zubair, the current regime is bent on imprisoning any person who speaks uncomfortable truths and exposes their lies.
Read full statemnt

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Also visit:

● Prisoners of Conscience in India. The Prisoners of Conscience in India (PoCI) documents and highlights the cases of people who have been imprisoned in India because of their peaceful expression of political, religious, or other conscientiously held beliefs.

On courts and the tenability of the case / “When Will Trial Start?”: SC asks NIA

12/08/2022 Asha

Just in case: On courts and the tenability of the Bhima Koregaon case

12/08/2022

The Hindu / by Editorial

It is time the tenability of the Bhima Koregaon case was examined by courts.
The grant of bail to the 82-year-old Telugu poet and activist, Varavara Rao, on medical grounds is a welcome relief to at least one of those arraigned in the controversial Bhima-Koregaon case under the Unlawful Activities (Prevention) Act.
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Punishing process: Supreme Court bail for Varavara Rao again raises questions for the justice system

11/08/2022

Times of India / by TOI Edit

In granting permanent medical bail to Varavara Rao, the Supreme Court has made it clear that stringent restrictions against bail in laws like UAPA don’t hinder constitutional courts from protecting fundamental rights. Last year, SC had relied on this principle to uphold bail to a UAPA accused – arguing that his incarceration for over five years while the trial crawled on was unjustified. But Rao’s bail, granted on technical grounds – medical condition, advanced age, adherence to bail conditions, delay in framing charges – doesn’t answer any of the larger questions confronting the justice system.
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“When Will Trial Start?”, “How Will Letters Be Proved?”, Supreme Court Asks NIA In Bhima Koregaon Case

10/08/2022

Live Law / by Livelaw News Network

While hearing Varavara Rao’s bail application, the Supreme Court on Wednesday posed a host of queries to the National Investigation Agency on the Bhima Koregaon case, in which the agency has kept in custody several persons from academic-activist backgrounds on UAPA charges over alleged links with banned Maoist organization.
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Andhra Pradesh: Social activists demand repeal of UAPA

31/07/2022 Asha

The Hindu / by Special Correspondent

Activists under the banner of the UAPA Repeal Agitation Committee(URAC) urged Chief Justice of India N.V. Ramana to direct the Centre to repeal the Unlawful Activities (Prevention) Act (UAPA).
… Speaking on the occasion, Organisation for Protection of Democratic Rights (OPDR) State president Ch. Sudhakar contended that the Act had been misused against activists in the Bhima Koregaon case.
Read more

Also read:
● UAPA Case Data Suggests That Process Is Indeed the Punishment (The Wire / July 2022)

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

30/07/2022 Asha

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

30/07/2022

The Quint / by Vakasha Sachdev

From his decisions on Bhima Koregaon in 2018 to PMLA in 2022, Justice Khanwilkar consistently enabled state power.
The legacy of Justice AM Khanwilkar, who retired as a Supreme Court judge on Friday, 29 July, can best be summed up by the first case where he came to prominence.
In August 2018, the Maharashtra Police made the second set of arrests in what would come to be known as the Bhima Koregaon case.
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Justice AM Khanwilkar’s Legacy: Regression of Fundamental Rights

30/07/2022

Live Law / by Manu Sebastian

When it came to the exercise of judicial review and protection of fundamental rights, Justice Khanwilkar displayed a narrow and technical approach.
… Here is a look at some judgments/orders authored by Justice Khanwilkar in cases relating to civil liberties.
Rejecting plea for SIT probe in Bhima Koregaon case.
Read more

Also read
● The Executive(’s) Court: On the Legacy of Justice A.M. Khanwilkar (The Wire / July 2022)
● Not A Case Of Arrest For Dissent, SC Turns Down Plea For SIT In Bhima Koregaon Case By 2:1 Majority, Chandrachud Dissents [Read Judgment] (Live Law / Sep 2018)
● Justice Chandrachud dissents again: Bhima Koregaon case needs impartial investigation (Scroll.in / Sep 2018)

Will Murmu Remain Help Unseen Adivasis Be Seen at Last? / Defending India’s Human Rights Defenders

21/07/2022 Asha

Will Droupadi Murmu Remain a BJP Electoral Ploy or Help Unseen Adivasis Be Seen at Last?

21/07/2022

The Wire / by Ajoy Ashirwad Mahaprashasta

BJP is sure to celebrate its own decision to get an Adivasi President elected more than Murmu’s own achievements as a loyal political worker. It remains to be seen if they will let her have her own voice.
… Those who have been working for Adivasis’ causes point out that while BJP may congratulate itself in nominating Droupadi Murmu, their governments have mostly struck down or dismissed autonomous movements led by Adivasis. People like Father Stan Swamy (who passed away due to alleged medical negligence while in jail), Sudha Bharadwaj, or Surendra Gadling, all of whom have devoted their lives to improve the conditions of Adivasis, have been arrested under charges of terrorism in the Elgar Parishad case.
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Defending India’s Human Rights Defenders

21/07/2022

South Asian Voices / by Ria Chakrabarty

On July 5, 2021, Jesuit Priest and human rights defender Father Stan died in Indian custody at the age of 84. He was the oldest person to be arrested by the Indian government for terrorism. Father Stan’s incarceration led to a global outcry against the Indian government’s brutal treatment of Indian human rights defenders.
Father Stan is one of a mushrooming group of prisoners of conscience whom the Indian government has jailed over the past few years.
Read more

Also read:
● ‘Religious Freedom Worsened’: US Body Names India as ‘Country of Particular Concern’ (The Wire / April 2022)
● 2022 ANNUAL REPORT (U.S. Commission on International Religious Freedom (USCIRF) / April 2022)