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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

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

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


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).
Read more

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.
Read more

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.
Read more

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

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


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.
Read more

Condemn The Solitary Confinement Of The Bhima Koregaon Accused!

Condemn The Solitary Confinement Of The Bhima Koregaon Accused!

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

Trying Without a Trial Is the Intent of Draconian UAPA Law

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.
Read more