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UAPA And The Authoritarian Tendencies Of A Democratic Government

UAPA And The Authoritarian Tendencies Of A Democratic Government

Youthkiawaaz / by Salim Usman

The Modi government has, over the years, used the UAPA to counter any narrative that goes against their views and uses the law to arbitrarily arrest those who have spoken against them.
The unprecedented rise in countries exhibiting authoritarian tendencies throughout the world in the past few years, and the large number of human rights violations committed by state actors, is a matter of concern not just for the particular country’s political, social and economic circles but also for the international political community.
… perhaps the starkest example of the weaponisation of the UAPA was its use against those accused in the 2018 Bhima Koregaon violence case.
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UAPA Annual Digest 2021: Important Judgments Of Supreme Court & High Courts

UAPA Annual Digest 2021: Important Judgments Of Supreme Court & High Courts

Live Law / by Aaratrika Bhaumik

As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities (Prevention) Act, 1967 from the Supreme Court, High Courts and trial courts across the country. This yearly digest includes 90 judgments and orders.
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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)

SC Judgment Review 2021 / Bail Under UAPA: Court in Review

SC Judgment Review 2021 / Bail Under UAPA: Court in Review

SC Judgment Review 2021: Terror

24/12/2021

Supreme Court Observer / by Gauri Kashyap

We discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
In 2021, the Supreme Court issued 865 judgments. In a series of posts, we conduct a thematic review of the most important judgments of the year. Here, we discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
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Bail Under UAPA: Court in Review

13/12/2021

Supreme Court Observer / by Ayushi Saraogi

Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 lays down stringent provisions for the grant of bail.
In the aftermath of the Bombay terror attacks, the Union government enacted the UAPA Amendment Act, 2008. The Amendment introduced Section 43D (5), which required a Court to deny bail if there were reasonable grounds to believe that the case against the accused was prima facie true. The provision made bail difficult to secure, since it required the Court to assess guilt only by looking at the charge sheet prepared by the National Investigation Agency (NIA). The accused cannot provide any evidence outside the chargesheet in their defense.
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Also read:
● 4,690 UAPA arrests between 2018-21; only 3.1% convictions (The Federal / Dec 2021)
● UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague (Gauri Lankesh News / Nov 2021)
● Bhima Koregaon Case: Trying Without a Trial Is the Intent of Draconian UAPA Law (The Wire / July 2021)

Indian anti-terror law snags more than terrorists / 4,690 UAPA arrests; 3.1% convictions

Indian anti-terror law snags more than terrorists / 4,690 UAPA arrests; 3.1% convictions

Indian anti-terror law snags more than terrorists

22/12/2021

Yahoo News / by Sarita Santoshini

Pendyala Pavana is no stranger to the world of social activism and government repression. Ever since she was a child she has seen her father, a revolutionary poet and activist, subjected to repeated criminal charges, accused of everything under the sun, including murder.
Twenty-four times he has been charged; 24 times he has been found not guilty. Still, Ms. Pavana is shocked by the way her father, Varavara Rao, is being treated in his latest ordeal. “It’s quite against natural justice, and his rights are completely denied,” she says.
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4,690 UAPA arrests between 2018-21; only 3.1% convictions

22/12/2021

The Federal / by The Federal

Authorities arrested 4,690 people across India under the Unlawful Activities (Prevention) Act (UAPA) between 2018 and 2021, but only 149 detainees have so far been convicted, according to figures provided by the government.
That means only 3.1 per cent of the arrests under the draconian law in the past three years have ended in convictions.
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Civil society renews demand for repeal of UAPA, AFSPA and Sedition Law

Civil society renews demand for repeal of UAPA, AFSPA and Sedition Law


Drawing by Arun Ferreira

Civil society renews demand for repeal of UAPA, AFSPA and Sedition Law

14/12/2021

Kashmir Media Service / by KMS

Prominent civil society groups and activists as well as lawyers held a public meeting at the Press Club of India and demanded repeal of black laws like Unlawful Activities (Prevention) Act, sedition law, and Armed Forces (Special Powers) Act.
The speakers explained various aspects of the black laws, their history of use by various governments in India to try to silence the voices of the people, and said in one voice that in a democracy there was no place for such laws. Those who addressed the meeting included M K Venu of The Wire, Vikas Bajpai, Ish Mishra and A Dubey of Janhastakshep, civil rights activist Sanjay Parikh and lawyer and civil rights activist N D Pancholi.
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Bail to Sudha Bharadwaj: Civil rights groups demand release of all BK case accused

14/12/2021

Counterview / by Counterview

Civil rights groups, even as welcoming the Supreme Court order granting default bail to Advocate Sudha Bharadwaj, have demanded that release of all human rights defenders arrested in the Bhima Koregaon (BK) case.
The People’s Union for Civil Liberties (PUCL) said the “short order of the Supreme Court” on December 7 dismissing the Special Leave Petition (SLP) of the National Investigation Agency (NIA)” is a “vindication of the long campaign against the Unlawful Activities Prevention Act (UAPA) by the PUCL and other allied groups.
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Read full statement: PUCL Welcomes Bail for Sudha Bharadwaj


Over 50% of those arrested under UAPA were under 30, Centre tells Parliament

15/12/2021

Scroll.in / by Scroll Staff

The government said it was not considering any amendments to the anti-terror law, which critics say is being increasingly used to stifle dissent.
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PUCL Welcomes Bail for Sudha Bharadwaj / Statement by Workers Unions

PUCL Welcomes Bail for Sudha Bharadwaj / Statement by Workers Unions

PUCL Welcomes Bail for Sudha Bharadwaj

08/12/2021

PUCL / by People’s Union For Civil Liberties (PUCL)

The PUCL welcomes the short order of the Supreme Court  yesterday, 07th December, 2021, dismissing the SLP filed by the NIA which challenged the grant of statutory bail to Advocate Sudha Bharadwaj, a committed activist lawyer and member of PUCL. The PUCL sees this important order and the order of the Bombay High Court which was under challenge, as a vindication of the long campaign against the UAPA by the PUCL and other allied groups.
Read full statement


On the granting of bail to Advocate Sudha Bharadwaj by the Bombay High Court

05/12/2021

ReleaseSudhaBharadwaj.net/ by CMM-MKC and other workers unions

On the 1st of December 2021, after having spent three years in jail on fabricated charges in the Bhima Koregaon case, Human Rights activist and lawyer Sudha Bharadwaj was granted bail by the Bombay High Court. We the undersigned unions and workers collectives welcome the judgement. It is a great relief for the working people of Chhattisgarh who have consistently campaigned against the illegal arrest of Sudha Bharadwaj and continuously demanded her release.
Full statement

Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

Statement by CMM-MKC and other workers unions: On the granting of bail to advocate Sudha Bharadwaj

By CMM-MKC and other workers unions

Press Statement
On the granting of bail to advocate Sudha Bharadwaj by the Bombay High Court

On the 1st of December 2021, after having spent three years in jail on fabricated charges in the Bhima Koregaon case, Human Rights activist and lawyer Sudha Bharadwaj was granted bail by the Bombay High Court. We the undersigned unions and workers collectives welcome the judgement. It is a great relief for the working people of Chhattisgarh who have consistently campaigned against the illegal arrest of Sudha Bharadwaj and continuously demanded her release. It is important to note that Sudha Bharadwaj was granted bail because the chargesheet against her was not produced before the appropriate court within the legally specified time limit. There were 8 others along with Sudha Bharadwaj arrested under the same case whose bail was rejected on the same day. We express our deep disappointment at the courts decision to reject their applications for bail. It is amply clear that the 16 Human Rights activists, lawyers, artists and writers were arrested under false and fabricated charges in the Bhima Koregaon case. We the undersigned unions have condemned these arrests from the very beginning.

The granting of bail to Sudha Bharadwaj is most certainly a jolt to the current pro-corporate, brahminical, fascist central government, as is evident from how promptly they moved the Supreme Court to challenge the bail order. The very day after the judgment of the Bombay High Court was pronounced, the National Investigating Agency (NIA) was ready with their appeal to the Supreme Court to act against the granting of bail to Sudha Bharadwaj. They seem determined to ensure she is not released under any circumstance. All recent events have in any case pointed clearly to the fact that the NIA is not an independent invesitgation agency but in fact one that works simply like an arm of the ruling Bharatiya Janta Party (BJP). The NIA has been indiscriminately wielding the draconian Unlawful Activities Prevention Act (UAPA) legislation against anyone who dares to exercise their democratic right to protest against the BJP. In such a scenario, we place all our hope and faith in the Supreme Court that it will uphold the democratic fabric of the country, uphold the notion of justice and grant Sudha Bharadwaj bail at the earliest.

It must be mentioned that Father Stan Swamy, one of the 16, aged 84, lost his life in custody while awaiting bail. Apart from the aforesaid Bhima Koregaon case, the draconian UAPA legislation was recently used once again to silence the democratic voices of the people of Chhattisgarh by arresting Human Rights Adivasi activist Hidme Markam on March 9 this year, at a program marking International Womens Day in Dantewada, Bastar. Hidme Markam has spent the last several years speaking out against the environmental destruction wrought by the government and large mining companies in Bastar. She has raised her voice against militarization and sexual violence against women in Bastar continuously perpetrated by the police and palamilitary.

The UAPA has been indiscriminately used to incarcerate dalits, adivasis and minorities in the country. Seveal arguments have been made and facts brought to light that clearly indicate why such a draconian legistaltion must be withdrawn. We the undersigned unions strongly and unequivocally support the demand to repeal the UAPA. We sincerely hope that Sudha Bharadwaj will be released from the four walls of prison and that she will be amongst us soon. We shall continue to campaign for the release for all those, who like her, have been arrested for fighting to uphold democratic values in this country, and further resolve to strengthen our campaign to demand the repeal of the UAPA.

Chhattisgarh Mukti Morcha (Mazdoor Karyakarta Samiti), Mahila Mukti Morcha, Nagari Nikay Janvadi Safai Kamgar Union, Pragatisheel Cement Shramik Sangh, Loktantrik Ispat evam Engineering Mazdoor Union, Jan Adharit Power Plant Workers Union, Jan Swasth Karamchari Union

Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail

Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail

The Leaflet / by Hamza Lakdawala

The denial of temporary bail to Anand Teltumbde, an accused in the Bhima Koregaon violence and conspiracy case, flies in the face of Indian constitutional jurisprudence and is violative of the basic tenets of human rights law, writes Hamza Lakdawala.
On December 1, the Special National Investigation Agency (NIA) Court in Mumbai rejected the plea of Anand Teltumbde, who was seeking temporary bail of 15 days to meet his mother and family after the recent death of his brother Milind Teltumbde in an alleged encounter with the security forces.
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Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other accused must also be questioned

Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other accused must also be questioned

Relief to Sudha Bharadwaj is welcome. Prolonged imprisonment of other Bhima Koregaon accused must also be questioned

04/12/2021

The Indian Express / by Editorial

The Bhima Koregaon/Elgar Parishad case is the most prominent example of what has become the standard “process as punishment” in UAPA cases.
The Bombay High Court’s decision to grant default bail to lawyer-activist Sudha Bharadwaj is welcome, even if it comes after three long years of incarceration without trial. It must also turn the spotlight on the prolonged imprisonment — also without trial — of those accused under the UAPA in the Elgar Parishad case.
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Pique and petulance: On Sudha Bharadwaj’s bail and NIA’s appeal

04/12/2021

The Hindu / by Editorial

The NIA’s appeal against Sudha Bharadwaj’s bail order reveals its bull-headedness.
In filing a quick appeal against the grant of statutory bail to lawyer-activist Sudha Bharadwaj, the NIA has displayed nothing but pique and petulance over a well-reasoned order of the Bombay High Court. The bail order itself is a much-delayed relief, considering that the right to ‘default bail’ had accrued to her as early as January 2019, on completing 90 days in prison and when there was neither a charge sheet nor a lawful order extending the time limit for filing it from 90 to 180 days.
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Will the Sudha Bharadwaj Bail Order Affect the Bhima Koregaon Case as a Whole

04/12/2021

The Quint / by Vakasha Sachdev

The Bombay HC’s order may not affect the merits of the case, but the issues raised could have major consequences.
As soon as the Bombay High Court held on 1 December that Sudha Bharadwaj, the reputed activist and lawyer who is an accused in the Bhima Koregaon case, was entitled to be released on default bail, certain questions became inevitable.
First, how quickly would the NIA file an appeal against the judgment in the Supreme Court? (Answer: Very quickly, by the evening of 2 December)
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Failure to take cognisance of chargesheet does not entail default bail under UAPA: Bombay HC

04/12/2021

Sabrangindia / by Sanchita Kadam

A closer look at why the court granted bail to Sudha Bharadwaj, but denied it to her eight co-accused in the Bhima Koregaon case.
On December 1, the Bombay High Court granted bail to lawyer-activist Sudha Bharadwaj vide a detailed order and in the same order denied bail to other eight co-accused in the Bhima Koregaon case, purely on technicality. Since the grounds raised by Bharadwaj were different from those raised by the eight others, her contention was accepted and agreeable to the bench of Justices SS Shinde and NJ Jamadar.
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PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj

01/12/2021

By PUCL Chhattisgarh

Press Release
PUCL Chhattisgarh welcomes the granting bail to Advocate Sudha Bharadwaj by the Bombay High Court and at the same time is dissapointed that the other 8 co-accused have been denied bail.
It should be mentioned that the violence inflicted by Hindu groups on and after the Bhima Koregaon celebrations in January 2018 have cost lives and resulted in several incarcerations. Including the 8 whose bail was rejected by the Bombay High Court, however, a total of 16 people have been falsely implicated in the Bhima Koregaon Case and have been in jail for years on fabricated charges under the draconian UAPA. Many others have been targetted, arrested and had their homes raided.
Father Stan Swami, one of the 16, aged 84, lost his life in custody while awaiting bail.
In Chhattisgarh there are hundreds of Adivasis who have been imprisoned under the UAPA and have been awaiting bail for years. On March 9 this year, at a program to mark International Womens Day and speak out against sexual violence inflicted on women by the police and paramilitary in Bastar, Human Rights Defender Hidme Markam was arrested and later jailed under the same draconian act.
While we eagerly await the release of Advocate Sudha Bharadwaj, and for her to return amongst us, we also pledge to strengthen the struggle for release of all those imprisoned under false charges, against the UAPA and against the countrys casteist carceral system.


Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused

01/12/2021

The Leaflet / by Sabah Gurmaj and Paras Nath Singh

The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases.
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