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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.
Read more


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)
Read more


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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Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Audio: Understanding the Judgement of the Bombay High Court

01/12/2021

By PUCL

Date: Dec 1, 2021
Speakers: Mihir Desai and others
In order to understand the judgement in the Bhima Koregaon, default statutory bail case granting bail to Sudha Bharadwaj (National Secretary of the PUCL), but rejecting the bail of 8 others who had also similarly applied, namely Dr. Varavara Rao, Dr. Shoma Sen, Surendra Gadling, Vernon Gonsalves, Sudhir Dhawale, Rona Wilson, Arun Ferreira, Mahesh Raut,
we are holding a meeting on December 1st, 2021 from 8pm to 10pm.
All are welcome to listen to the lawyers share their views on the judgement.
V. Suresh (General Secretary PUCL )
Kavita Srivastava (National Secretary)

Listen to recording


Why the Bombay High Court granted default bail to Sudha Bharadwaj and not to others [read order]

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj’s application for default bail was pending on the date the application for extension of time to file chargesheet was made.
While granting default bail to lawyer and activist Sudha Bharadwaj on Wednesday, the Bombay High Court refused bail to eight other co-accused in the Bhima Koregaon case.
The Bench of Justices SS Shinde and NJ Jamadar made certain interesting observations in the 120-page order while deciding the pleas filed by Bharadwaj and 8 others challenging orders of the Pune Sessions Judges.
Read more/read judgement


Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction: Bombay HC [read order]

01/12/2021

Live Law / by Sharmeen Hakim

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under provision of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail.
Read more/read judgement


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.
Read more

‘Release and Stop Harassing Khurram Parvez, Sudha Bharadwaj and Human Rights Defenders’

‘Release and Stop Harassing Khurram Parvez, Sudha Bharadwaj and Human Rights Defenders’

The Citizen / by the Citizen Bureau

32 civil society organisations from across Asia, the Pacific and Europe have called on the Indian government and courts to immediately and unconditionally release “human rights defenders” including Khurram Parvez and Sudha Bharadwaj, and to repeal the “unjust law” UAPA. They also demand bail and compensation for those jailed under UAPA but never tried, or the high proportion found not guilty.
The full statement, signed by groups in Bangladesh, Malaysia, Spain, Australia, Pakistan, Taiwan, the Netherlands and others, follows.
Read full statement

What do Bhima Koregaon and Hathras have in common? Siddique Kappan, says UP police

What do Bhima Koregaon and Hathras have in common? Siddique Kappan, says UP police

Newslaundry / by Akansksha Kumar

UP police is convinced press releases on Siddique Kappan’s phone are proof of him ‘receiving instructions’ on behalf of PFI
Based on an examination of the chargesheet by defence lawyer Madhuvan Dutt Chaturvedi, Newslaundry has learnt that a series of WhatsApp messages, recovered from Kappan’s phone, have been interpreted by UP police’s special task force as evidence of the organisation Popular Front of India “trying to interfere” in the case of violence at Bhima Koregaon in 2018.
Read more

Campaign by Movement Against UAPA And Other Repressive Laws: #RepealSeditionLaw

Campaign by Movement Against UAPA And Other Repressive Laws: #RepealSeditionLaw

By Movement Against UAPA And Other Repressive Laws (MURL) / @repressivelaws


#RepealSeditionLaw (Nov 24)

Stop using UAPA and Sedition laws against those who foster the cause of civil rights
Stop using UAPA and Sedition laws against those who speak up for the oppressed
“I submit, UAPA has failed us on both counts: National security and Constitutional Freedoms.” – Judge Aftab Alam referring to the death of 84-year-old Father Stan Swamy
++ An 83-year-old Jesuit Priest, Stan Swami, who has documented police abuse in tribal areas across the country, was charged with sedition in 2018 for his Facebook posts. One of his posts was a statement by the then Home Minister calling for dialogue ++
++ Legal experts say authorities misuse legal provisions to slap protesters with colonial-era law to stifle dissent ++
++ UAPA and sedition are being used to stifle dissent and crush the freedom of speech and that the time has come to see whether they are in tune with the Constitution – Senior advocate Prashant Bhushan ++
++ UAPA permits detention without charge for up to 180 days, making it a convenient tool to silence dissidents ++


Click to enlarge posters



Also read:
Bhima Koregaon Case: NIA Submits Draft Charges, No Mention of Plot to Kill PM (The Quint / Aug 2021)
NIA Submits Draft Charges in Bhima Koregaon-Elgar Parishad Case: Read Details (Live Law / Aug 2021)

UAPA used to crush dissent: Former civil servants challenge provisions of law

UAPA used to crush dissent: Former civil servants challenge provisions of law

‘UAPA used to crush dissent’: Former civil servants challenge provisions of law in Supreme Court

18/11/2021

Scroll.in / by Scroll Staff

The petitioners submitted that the rate of prosecution in UAPA cases was extremely low.
A group of former civil servants on Wednesday challenged the provisions of anti-terror law Unlawful Activities (Prevention) Act in the Supreme Court, Live Law reported.
The Act gives absolute power to the Centre, which can deem an activity as unlawful by way of an Official Gazette and declare it so.
Read more


‘Act Used To Quell Dissent’ : Former Civil Servants Challenge Validity Of UAPA; Supreme Court Issues Notice

17/11/2021

Live Law / by Sneha Rao

The Supreme Court on Wednesday issued notice on a Writ Petition filed by petitioners- who have all been former IAS/IPS/IFS officials- challenging the vires and validity of the various provisions of the draconian anti-terror law Unlawful Activities Prevention Act, 1967
On Wednesday, a Bench comprising the Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant issued notice to the Union Government on the petition and directed that it be tagged along with a similar petition.
Read more


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)

Father Stan’s fight goes beyond his death, says his lawyer

Father Stan’s fight goes beyond his death, says his lawyer


Bangalore, July 2021

The Indian Express / by Express News Service

Father Stan Swamy’s fight goes on, even beyond his death, said lawyer Mihir Desai, who represented the Jesuit priest and tribal rights activist in the Elgaar Parishad case.
The 84-year-old Swamy died undergoing treatment at a private hospital in Mumbai in July while he was under judicial custody. He was booked under the stringent Unlawful Activities Prevention Act (UAPA) by the National Investigation Agency (NIA) in the Elgaar Parishad case.
Read more