UAPA – Page 13 – free them all

Activists press for repeal of UAPA / UAPA Case Data Suggests That Process Is Indeed the Punishment

20/07/2022 Asha

Andhra Pradesh: Activists press for repeal of UAPA

20/07/2022

The Hindu / by Special Correspondent

‘Its provisions being misused to muzzle voices of those who opposed atrocities against people of weaker sections’
Activists under the banner of the UAPA Repeal Agitation Committee staged a demonstration in front of the Prakasam Bhavan here on Tuesday demanding the repeal of the Unlawful Activities (Prevention) Act (UAPA).
Leading the protest, Organisation for Protection of Democracy(OPDR) State president Ch. Sudhakar contended that the Act, misused to slap cases against activists in the Bhima Koregaon case, was more draconian than the Terrorist and Disruptive Activities(prevention) ACT(TADA), and urged the Supreme Court to give a direction to the Centre for its repeal.
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UAPA Case Data Suggests That Process Is Indeed the Punishment

20/07/2022

The Wire / by The Wire Staff

Data revealed by the Union home ministry in the Rajya Sabha showed that 97.5% of people arrested under UAPA between 2016 and 2020 have been imprisoned for multiple years while waiting for trial.
Figures released by the Union home ministry in the Rajya Sabha have backed up the belief that the ‘process is the punishment‘, especially when cases are registered under the draconian Unlawful Activities (Prevention) Act (UAPA).
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Also watch:

Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)

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

The contemporary relevance of Internal Emergency 1975-77

25/06/2022 Asha

The Leaflet / by Arvind Narrain

On June 25, we mark the 47th anniversary of the declaration of Emergency by the then Prime Minister, Indira Gandhi. The events of the emergency have long since faded into history, but there are uncanny resonances with the contemporary context…
The use of the UAPA and the NIA by the current regime is, in Vajpayee’s language, the ‘beginning of the police state’ and a ‘blot on democracy’. Advani’s warning of the use of MISA against the opposition finds a resonance in the use of UAPA and NIA against protestors, be it the Bhima Koregaon 16, anti-Citizenship (Amendment) Act protestors, Kashmiri protestors or a range of dissenters across the country.
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In Umar Khalid’s Bail Appeal, a Ray of Hope for UAPA Cases?

02/06/2022 Asha

The Quint / by Vakasha Schdev

While the SC’s Watali judgment is cited to deny bail in UAPA cases, a new interpretation could prevent its misuse.
… On top of the general problems with the justice system that have led to this situation, Khalid’s continued incarceration, like that of the other accused in the Delhi Riots conspiracy case as well as the Bhima Koregaon matter, is a result of the draconian Unlawful Activities (Prevention) Act – the UAPA.
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Also watch:

Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)

Three Day consultation on 20th, 21st and 22nd January, 2021
► Repeal UAPA – Day One (video: en + … | 2h 17min)
► Repeal UAPA – Day Two (video: en +… | 2h 22min)
► Repeal UAPA – Day Three (video: en + … | 2h 51min)

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

12/05/2022 Asha

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

12/05/2022

By Peoples Union for Civil Liberties (PUCL)

Press release
The Peoples Union for Civil Liberties welcomes the order of the Supreme Court dated 11.05.22 in the petition filed by Army veteran Major-General SG Vombatkere (Retired) as well as PUCL and a range of other petitioners challenging the constitutional validity of Section 124-A of the Indian Penal Code, 1860. In its petition, the PUCL had pleaded that owing to the development of constitutional law, the law of sedition of the colonial era had no place; it was overbroad, vague, arbitrary, violating the sacrosanct freedom of speech and expression, hence it was imperative to strike it down as it was unconstitutional.
Read full statement

Will SC’s Sedition Order Mean Relief for Delhi Riots, Bhima Koregaon Accused?

12/05/2022

The Quint / by Mekhala Saran

Simply put: the Supreme Court’s order in the pleas challenging the sedition law is unlikely to do so. Here’s why…
“I have every right to criticise the government. BJP-RSS do not constitute country. They do not constitute nation. They have taken a jibe against Modi, against his policies. How is this sedition?” Advocate Nihalsingh Rathod, appearing for Ramesh Gaichor and Sagar Gorkha — two of the accused in the Bhima Koregaon case — had told a special court in November 2021.
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Suspending sedition: No cause for celebration

13/05/2022

Deccan Herald / by Shikha Mukerjee

There really is no cause for celebration after the conditional suspension of the infamous Section 124 A, otherwise known as the Sedition Act of 1870. The statute books have so many other equally infamous laws, starting with the Unlawful Activities (Prevention) Act amended and strengthened in 2019, and the 2019 expansion of the National Investigation Agency Act that dumping a “colonial-era” law and claims to be respectful of human rights and liberties is a phoney gesture.
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Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents

21/04/2022 Asha

Jacobinmag / by P.M. Tony & Lotika Singha

Radical priest Stan Swamy was one of India’s leading social activists. Modi’s government is to blame for his death while awaiting trial on bogus terror charges, but the clampdown won’t snuff out the inspiring legacy of Swamy’s work with Adivasi communities.
Under the rule of Narendra Modi, the Indian state has launched a sweeping authoritarian clampdown on political dissent. One of the manifestations of this onslaught has been the jailing of opponents on trumped-up charges of terrorism and conspiracy.
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PUDR: When The Process becomes The Punishment

13/04/2022 Asha

Peoples Union for Democratic Rights (PUDR) / by PUDR

Tomorrow, 14th April 2022 marks the completion of two years of PUDR activist Gautam Navlakha’s surrender before the NIA. One of sixteen accused in the infamous Bhima Koregaon case, Gautam has been imprisoned in Taloja Central Jail, Navi Mumbai since 25 May 2020. For more than six months now, since 12 October 2021, the nearly 70 years old Gautam, an undertrial suffering from multiple health problems has been in solitary confinement in one of 33 cells in the ‘anda’ circle, the High Security Area of Taloja Jail, a space meant to segregate those guilty of heinous crimes.
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Also read:
● How the ‘anda cell’ is used to discipline prison inmates (The Indian Express │ Oct 2021)
● System of solitary confinement, ‘Anda Cell’, inside the jail be stopped (Groundxero │ Oct 2021)

‘Blot on democracy’: Shashi Tharoor moves Bill to repeal UAPA

01/04/2022 Asha

Scroll.in / by Scroll Staff

In his private member’s Bill, the Congress MP described the law as a ‘tool of abuse’ as its conviction rate since 2014 has been only 2.4%.
… To buttress his arguments against the Unlawful Activities (Prevention) Act, Tharoor has mentioned in his Bill, the cases related to tribal rights activist Stan Swamy and Kerala-based journalist Siddique Kappan, who were charged under the Act.
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Bombay HC to hear Anand Teltumbde’s appeal challenging rejection of bail on April 7

30/03/2022 Asha

Bombay HC to hear Anand Teltumbde’s appeal challenging rejection of bail on April 7

31/03/2022

The Leaflet / by Sabah Gurmat

On Thursday, the Bombay High Court’s division bench of Justices S.B. Shukre and G.A. Sanap decided to post the matter of Bhima Koregaon (Elgar Parishad) accused Anand Teltumbde’s plea challenging his rejection of bail, to April 7. The 71-year old Teltumbde is an academic and activist who has been charged under the Unlawful Activities (Prevention) Act [UAPA], and the High Court had been hearing his bail plea as well as a petition challenging the conditions for bail under Section 43D(5) of the UAPA.
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Anand Teltumbde’s bail hearing commences before Bombay HC

30/03/2022

Sabrang / by Sabrangindia

Apart from arguing for bail, Dr Anand Telmumbde, a renowned academic, will through his counsel, also be challenging the constitutionality of Section 43(D)(5 of the Unlawful Practices Unlawful Activities (Prevention) Act, 1967.
Behind bars since April 14, 2020, Dr Anand Teltumbde a well-known academic, will through his counsel, Mihir Desai interrogating the anomalies in investigation and prosecution by the National Investigation Agency (NIA) apart from seriously questioning the mode and matter of garnering evidence in connection with his name being tragged into the Bhima Koregaon conspiracy case.
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Bhima Koregaon case trial not likely to begin soon, says activist Anand Teltumbde as he seeks bail

31/03/2022

Scroll.in / by Scroll Staff

His lawyer told the Bombay High Court that the NIA has claimed Teltumbde is a member of a terrorist group but he has not been charged with any acts of violence.
The trial in the Bhima Koregaon case is not likely to begin anytime soon, activist Anand Teltumbde told the Bombay High Court on Wednesday as he sought bail, reported PTI.
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NIA can’t label me terrorist in absence of direct evidence, Teltumbde tells HC

30/03/2022

Free Press Journal / by Narsi Benwal

A bench of Justices Sunil Shukre and Govind Sanap was hearing a plea filed by Teltumbde through senior advocate Mihir Desai, seeking bail.
One of the prime accused in the Bhima-Koregaon violence case – academician Anand Teltumbde on Wednesday told the Bombay High Court that the NIA, which is investigating the case, has labelled him as a terrorist without attributing any direct evidence against him. He accordingly, sought bail.
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21 European MPs Express Concern at Treatment of Rights Activists / Solidarity at International Women’s Day

08/03/2022 Asha

21 European MPs Write to Modi Expressing Concern at Treatment of Rights Activists

08/03/2022

The Wire / by The Wire Staff

The MEPs highlighted three particular cases: the arrest of 16 activists in the Elgar Parishad case, the arrest of 13 activists in connection with the protests against the CAA and the detention of Kashmiri activist Khurram Parvez.
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by FLD Brussels (March 8)

Members of @Europarl_EN sent a letter to high level authorities in #India raising the alarm over the dramatic escalation in arrests of HRDs under the #UAPA, incl the #BhimaKoregaon case, CAA protesters & #KhurramParvez, which they condemn in the strongest terms.

Read full letter & signatories at the website of MP Alviina Alametsä
Read full letter

click to enlarge

Rally at International Women’s Day, Berlin (Germany)

08/03/2022

By India Justice Project

On #InternationalWomensDay we remember especially the #womenpoliticalprisoners incarcerated by the Indian govt. In speaking out against their imprisonment, we speak out, too, for the multitudes of people whose struggles they have taken on and carry forward.

Banner: Free all political prisoners in India

The Security Playbook Used To Erode Democracy In Modi’s India & How The Tide Might Turn

04/03/2022 Asha

article 14 / by Shamik Bag

By using security laws, deploying surveillance technology, and leveraging potent national interest narratives, Narendra Modi’s Hindu-first government has targeted critics and eroded the rule of law in India—often in violation of the Constitution, using legal loopholes and grey areas. Through the lens of the notorious Bhima Koregaon case, we investigate these tactics in-depth, and report how citizens are fighting to preserve the world’s largest democracy.
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