UAPA – Page 16 – free them all

UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague

12/11/2021 Asha

Drawing by Arun Ferreira

UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague

12/11/2021

Gauri Lankesh News / by Grauri Lankesh News Desk

The unlawful activities are defined in such a vague manner to make its application solely on the discretion of police machinery, say the petitioners.
The petition has been filed by two advocates and one journalist, who have been booked under UAPA in connection with their social media posts and work related to the recent communal violence in Tripura …
Many eminent lawyers and activists also petitioned against sections of UAPA
Bhima Koregaon accused Anand Teltumbde has filed a petition before the Bombay High Court challenging Section 43D of UAPA on bail as well as misuse of the term “front organisation” by the National Investigation Agency (NIA).
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As the police reach increasingly for draconian UAPA, are the courts pushing back?

11/11/2021

Scroll.in / by Umang Poddar

There have been a few instances recently of the courts granting bail to people accused under the anti-terror law.
… Over the past few years, there has been an increase in the number of cases against the government’s critics under the UAPA, a harsh law that was passed to deal with terrorist activities and actions such as inciting secession or disrupting the sovereignty and territorial integrity of India.
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Tracing The Footprints Of National Security Vis-À-Vis Fundamental Rights

11/11/2021

Live Law / by Kaustubh Tiwari

… It has been a sorry state of affairs for fundamental rights in the courts when the word national security is uttered by the government like in the Rafael, Bhima- Koregaon and Rohingya Refugee matters. The court’s dilettante disposition for fundamentals rights is quite conspicuously reflected by its own line of decisions. This being a persistent notoriety of the courts in India, it is time- warranted that the Supreme Court needs to find the correct opportunity to rectify the judicial alacrity to uphold provisions of law highly repugnant to fundamental rights when place against national security concerns and craft a balancing approach whereby fundamentals rights and the security of the state both can peacefully co-exist.
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Also read:
● Anand Teltumbde Moves Bombay High Court Challenging Stringent Bail Conditions & ‘Vague Terminology’ In UAPA (Live Law / Sep 2021)

As Sudha Bharadwaj Spends 4th Birthday in Jail, a Reminder That UAPA Enables Her Incarceration

03/11/2021 Asha

Chhattisgarh, Nov 1, 2021

The Wire / by Mahtab Alam

In addition to her legal battles, Sudha Bharadwaj also fought to seek justice for the marginalised in Chhattisgarh.
On Monday, November 1, Chhattisgarh celebrated 21 years of its statehood. On November 1, 2000, the state was carved out of Madhya Pradesh. It was a result of longstanding demand and sustained struggles of local organisations and the population. One of the organisations which played a key role in the formation of the new state is Chhattisgarh Mukti Morcha (CMM) or Chhattisgarh Liberation Front. The CMM was formed in the early 1980s under the charismatic leadership of trade union leader Shankar Guha Niyogi. He was murdered in September 1991. And one of those who decided to carry forward the unfinished work of Niyogi is his fellow comrade from early years of activism – Sudha Bharadwaj, a trade union activist, lawyer and teacher.
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Condemn The Solitary Confinement Of The Bhima Koregaon Accused!

26/10/2021 Asha

By Peoples Union for Democratic Rights (PUDR)

CONDEMN THE SOLITARY CONFINEMENT AND CONTINUING HARASSMENT OF THE BHIMA KOREGAON ACCUSED BY TALOJA CENTRAL JAIL AUTHORITIES!
STOP PUNISHING POLITICAL PRISONERS FOR THEIR BELIEFS!

The high handedness of the Taloja Central Jail administration was evident in the events leading to the death of the octogenarian Bhima Koregaon undertrail, Stan Swamy on July 5, 2021. Almost immediately, the remaining BK undertrials protested the arbitrary jail conditions imposed by the then Superintendent, Kaustabh Kurlekar by observing a one-day hunger strike. However, far from bringing such persecution to an end, a new repressive regime has been installed by Superintendent UT Pawar. Its latest manifestation is the transfer of Vernon Gonsalves, Sagar Gokhale, Ramesh Gaichor, Surendra Gadling, Sudhir Dhawale and most recently on 12 October 2021 Gautam Navlakha to the ‘anda’ circle, the high security prison area in Taloja Jail. Imprisonment in the anda cell is a form of solitary confinement which is blatantly illegal in the case of undertrial prisoners.
Read full statement

Trying Without a Trial Is the Intent of Draconian UAPA Law

25/10/2021 Asha

The Wire / by Rajshree Chandra

‘Trial by process’ is the political and organisational logic of the UAPA.
An 84-year-old Jesuit Father, Stan Swamy, charged for inciting violence in Bhima Koregaon (BK), died inside the panoptic walls of the Taloja jail on July 5. Despite his age, despite his Parkinson’s-ravaged body, despite his tremors, despite his Covid infection, despite all his frailties, he had been denied bail repeatedly. Rather than his ailing, failing body becoming a ground for bail and appropriate medical care, his body became yet another ground on which the National Investigation Agency (NIA) waged its vicious war.
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Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

19/10/2021 Asha

Bail is Not Impossible in UAPA Cases: Courts Can Shine a Path to Justice

19/10/2021

The Quint / by Vakasha Sachdev

Despite strict bail conditions & the SC’s Watali judgment, courts can still apply their mind to see if charges fit.
India has for many years had a major problem when it comes to pre-trial incarceration. 70 percent of prisoners in India are undertrials, according to the latest available NCRB data (from 2019) – that’s 3,28,000 people in jail without ever being convicted.
… The Bhima Koregaon accused are the best example of this, with bail denied to them despite incriminating evidence appearing to be planted on their computers (Rona Wilson), the material against them being dubious (Sudha Bhardwaj) and having severe illnesses (83-year-old Father Stan Swamy, who eventually died in jail).
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Kappan’s Chargesheet and Threat to Reporters Covering Minority Issues

19/10/2021

Newsclick / by Hana Vahab

An independent journalist in India has been behind the bars for one year. His crime, as per the chargesheet filed is, reporting and writing stories only for “inciting” the Muslim community.
… The number of journalists charged with UAPA in the past five years add up to over 5,000 with a hike of 162% in sedition cases between 2016- 2019 as per the National Crime Records Bureau. Those who were incarcerated under UAPA include … human rights lawyers Arun Ferreria and Surendra Gadling, Dalit rights activists Sudhir Dhawale and Mahesh Raut, women’s rights activist Shoma Sen among others.
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When Can an Accused in Jail Get Medical Bail? Is it Possible in UAPA Cases?

23/09/2021 Asha

The Quint / by Vakasha Sachdev

Nearly all Bhima Koregaon accused have been denied medical bail despite serious ailments. Here’s what the law says.
On 24 September, the Bombay High Court will consider whether to extend the bail granted by it to poet and activist Varavara Rao on medical grounds, back in February.
81-year-old Rao had been granted medical bail for six months by the court in view of various medical problems that had kept requiring hospitalisation and repeated deteriorations in his condition every time he was sent back to jail.
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Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case (pictures)

15/09/2021 Asha

Human chain formed in Tamil Nadu seeking release of prisoners in Bhima Koregaon case

15/09/2021

The Hindu / by Staff Reporter

‘It is a protest against stifling of all voices for democratic rights’
The arrest of thinkers, social activits and writers in connection with the Bhima Koregaon case is not just a blantant violation of human rights, but a threat to intellectuals who speak against Hindutva forces, said Madurai MP Su. Venkatesan on Wednesday.
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Activists Form Human Chains to Demand Release of Bhima-Koregaon Detainees

15/09/2021

Newsclick / by Neelambaran A

Left, youth, Dalit and human rights organisations in Tamil Nadu slam the BJP government for muzzling dissent.
More than 25 Left, youth, Dalit and human rights organisations in Tamil Nadu formed human chains on the International Day of Democracy on Wednesday to protest the illegal detention of intellectuals and activists, including in the Bhima-Koregaon case, under the Unlawful Activities (Prevention) Act (UAPA), 1967.
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Also read:
● 95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report (Sabrang / Sep 16, 2021)

● Anyone who exposes the agenda of Sangh Parivar is silenced: Thirumavalavan (The Hindu / Sep 15)

In pictures

Pictures shared by Era.Athiyamaan / @EraAthiyamaan

Pictures shared by CPI (M) / @cpimspeak

Pictures shared by SimpliCityCoimbatore / @simplicitycbe

Release Bhima-Koregaon Prosoners Immediately – Release All Political Prisoners

UN rights chief condemns ongoing restrictions on freedom of assembly

14/09/2021 Asha

Jurist.org / by Sambhav Sharma

The UN High Commissioner for Human Rights, Michelle Bachelet, on Monday condemned India’s restrictions placed on public assembly in Jammu and Kashmir, pursuant to the Unlawful Activities (Prevention) Act of 1967 (UAPA)…
This condemnation comes after many in India have continuously criticised the allegedly arbitrary and abusive law that punishes dissenters who are vocal against government actions. As many as 5,128 cases have been registered in India under the UAPA since 2015.
The law was also severely scrutinised in July after the demise of Father Stan Swamy, a tribal rights activist who was arrested under the UAPA for his alleged involvement in the Bhima Koregaon violence in 2018 and his links to Maoists.
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Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

14/09/2021 Asha

Anand Teltumbde challenges UAPA bail provisions before Bombay High Court

14/09/2021

Bar & Bench / by Neha Joshi

The Bench of Justices SS Shinde and NJ Jamadar issued notice to the NIA in the matter, with a direction to file a reply within three weeks.
Bhima Koregaon accused Anand Teltumbde has approached the Bombay High Court challenging bail provisions of the Unlawful Activities (Prevention) Act (UAPA) and misuse of the term “front organisation” by the National Investigation Agency (NIA).
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Anand Teltumbde Moves Bombay High Court Challenging Stringent Bail Conditions & ‘Vague Terminology’ In UAPA

13/09/2021

Live Law / by Sharmeen Hakim

In a significant challenge, Professor Anand Teltumbde, an accused in the Bhima Koregaon- Elgar Parishad Caste Violence Case, has filed a writ petition in Bombay High Court to quash the terminology “and all its formations and front organizations” attached to the banned CPI (Maoist) in the first schedule of the Unlawful Activities Prevention Act (UAPA).
He claims that the “vagueness” of the terminology is used as a tool to circumvent due process wherein the State does not notify a particular organization as banned under the UAP Act but investigating agencies keep using the ‘front organization’ card with impunity and no oversight, especially to oppose bail.
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Bombay HC seeks NIA response to Teltumbde’s pleas seeking bail, challenging UAPA

13/09/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was on Monday hearing Anand Teltumbde’s appeal against the July order of the NIA court that rejected his bail application.
The Bombay High Court on Monday issued a notice to the National Investigation Agency (NIA), seeking its response to an appeal filed by Elgaar Parishad case accused Anand Teltumbde against rejection of his bail application by the special NIA court.
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Teltumbde moves HC on UAPA”s ”frontal organisation” provisios

13/09/2021

Outlook / by pti

Anand Teltumbde, an accused in the Elgar Parishad Maoist links case, has filed a writ petition in Bombay High Court seeking that a provision under the Unlawful Activities Prevention Act (UAPA) to brand certain groups as a front for banned or terrorist organisations be quashed as it was bad in law.
The UAPA provides for the declaration of an association as unlawful and for the listing of organisations in the first schedule of the Act as “terrorist organisations”.
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Also read: ‘Mass frenzy has made India’s destroyers nationalists, its selfless servers traitors. Hope you speak out before your turn comes’ (The Polis Project / by Anand Teltumbde, April 14, 2020)

Who is a political prisoner? Time to define one

10/09/2021 Asha

CivilSociety / by Nandita Haksar

There has been a great deal of anguish, angst and anger expressed at the death of Stanislaus Lourduswamy (1937–2021), popularly known as Stan Swamy, an Indian Roman Catholic priest, a member of the Jesuit order, and a tribal rights activist for many decades…
His death has drawn focus to the cruelty of the system which denied the right to die with dignity to a senior citizen who was suffering from Parkinson’s disease. However, the imprisonment of Stan Swamy and other political prisoners, including poets, journalists, bloggers, women activists, students, Dalits and Muslims, raises crucial questions. It is not just a humanitarian issue but a political one.
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