Browsed by
Tag: UAPA

Father Stan Swamy Died Awaiting Bail, What About Other UAPA Accused?

Father Stan Swamy Died Awaiting Bail, What About Other UAPA Accused?

The Quint / by Mekhala Saran

For the 15 Bhima Koregaon accused, there’s no trial in sight, and no interim relief in reach either.
Father Stan Swamy’s death, as an incarcerated undertrial in the Bhima Koregaon case, has sparked outrage and triggered international condemnation.
Swamy was 84 years old, suffered from Parkinson’s disease, and had told the Bombay High Court, weeks before his death, that all he wanted was to go home.
Read more

Stan Swamy’s institutional murder must lead to a nation-wide movement against draconian laws and state repression

Stan Swamy’s institutional murder must lead to a nation-wide movement against draconian laws and state repression

By National Alliance of People’s Movements (NAPM)

NAPM joins citizens and democratic groups across the globe remembering the life and struggle of Stan Swamy with pain and pride

7th July, 2021: The news of the cold-blooded killing of Fr. Stan Swamy by all the institutions that held him arbitrarily in custody for over 9 months has shaken not just the ‘conscience’ of India, but of the entire world. This incident shall remain a permanent blot on India’s claim of being a ‘democracy’, which oversaw the custodial torture and consequent ‘death’ of an 84-year-old human rights defender, living with Parkinsons, for a crime he never committed. As the world mourns this spartan saint, whose only mission was to fight for justice for the oppressed, we are left with many unanswered questions about the state of our nation and the future path of struggle. …

Read More Read More

UAPA bail orders come down hard on attempts to equate protest with “Terrorism” / A Cry for Justice

UAPA bail orders come down hard on attempts to equate protest with “Terrorism” / A Cry for Justice

Delhi HC UAPA bail orders come down hard on attempts to equate protest with “Terrorism”

21/06/2021

The Leaflet / by Kavita Krishnan

The Delhi HC bail orders vindicate what pro-democracy activists have been saying since last year: The Delhi Police investigation is blatantly biased and has spun a fantastic conspiracy theory to falsely accuse anti-CAA protestors, especially those of the minority Muslim community, of the very “riots” that was planned and targeted against them making them the victims, says Kavita Krishnan.
…In the Bhima Koregaon case, and the Delhi riots case, as well as several cases involving unarmed protestors all over India, we have seen how the UAPA is used to criminalise protest and punish protestors.
Read more

A Cry for Justice that Keeps Getting Louder

21/06/2021

The Leaflet / by Cedric Prakash

A regime that oppresses the weak and suppresses those who speak against it will always have to deal with more and more dissent. The key to peace and justice in India lies in following the Constitution, writes Cedric Prakash.
… From Aisha Sultana to Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha. From Khori to Lakshadweep. From Tihar Jail to Taloja Jail. From Fr Stan Swami to Umar Khalid. From the Bhima-Koregaon sixteen to the other UAPA-incarcerated. From Sulabh to Siddique, from farmers to workers, from the unemployed to the refugees, from minorities to the marginalised, from the caregivers to the academics, from the toolkits to the brazen headlines, from rising costs to lack of vaccines—the cries for justice in India have never been so shrill and clear!
Read more

Has the blackbox of UAPA finally been opened?

Has the blackbox of UAPA finally been opened?

The Indian Express / by Pratap Bhanu Mehta

The orders passed by Justices Siddharth Mridul and Anup J Bhambhani, granting bail to Asif Tanha, Devangana Kalita, and Natasha Narwal, have opened up the black box of the UAPA (Unlawful Activities Prevention Act) jurisprudence. The UAPA had become the black box of Indian jurisprudence for a number of reasons.
Read more

Also read: Supreme Court Issues Notice On Delhi Police Appeal Against Bail Granted To Student Activists In Riots Case; Says HC Judgment Shall Not Be Treated As Precedent In Meantime (Live Law, June 18)

Hope Floats For Bhima Koregaon Political Prisoners After Delhi HC Order

Hope Floats For Bhima Koregaon Political Prisoners After Delhi HC Order

Hope Floats For Bhima Koregaon Political Prisoners After Delhi HC Order

16/06/2021

Outlook India / by Preetha Nair

Kin and lawyers of imprisoned activists say the ruling will help in the delivery of justice.
For the past month, Jenny Rowena has been living in a hotel in Mumbai to attend to her husband Prof Hany Babu, who is undergoing treatment for a severe eye infection in a Mumbai hospital. Babu, a Delhi University associate professor was arrested by National Investigation Agency (NIA) in July 2020 in connection with Bhima Koregaon- Elgar Parishad violence and was lodged in Navi Mumbai’s Taloja jail since then.
Babu is one of the 16 prominent activists, who are facing trial under the Unlawful Activities (Prevention) Act (UAPA) for their alleged role in the 2018 violence and links with the outlawed CPI (Maoist) outfit. One of the high-profile cases in the country involving eminent activists, lawyers, and academicians, the Bhima Koregaon case has invited criticism of international forums for the lack of due process.
Read more

Granting bail to activists, Delhi HC exposes abuse of UAPA – but flaws inherent in the law remain

16/06/2021

Scroll.in / by Sruthisagar Yamunan

Despite the principles set by the Delhi High Court, bail under UAPA will remain discretionary.
On Tuesday, when the Delhi High Court granted bail to Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha in the Delhi riots cases in which the three activists have been charged under the stringent Unlawful Activities (Prevention) Act, it was this simple exercise of “lifting the veil” thrown on the case by the prosecution that has led to a significant precedent.
… As seen in several recent cases, including those against activists in the Bhima Koregaon case in Maharashtra, the trial courts, more often than not, tend to agree with the prosecution on the prima facie truth of the case.
Read more

Wrong to treat criticism as sedition: Lawyers welcome Delhi HC verdict quashing UAPA case against activists

16/06/2021

India Today / by Aneesha Mathur

Lawyers have welcomed the decision by Delhi High Court stating that protesters have the right to criticise the government. They also hailed the Court’s verdict defining the lines between criticism of the government and activities that destabilize the country.
… Lawyer Vrinda Grover also said the HC verdict was “significant” since there has been indiscriminate use of the law in recent years… He added: “In this context, we must raise the issue of incarceration of 16 human rights defenders in the Bhima Koregaon case under UAPA for almost three years and the trial is yet to commence. The judiciary must intervene and not allow the criminal legal machinery to be used by the State to suppress fundamental freedoms of citizens, otherwise democracy is in peril.”
Read more

Also read: Supreme Court Issues Notice On Delhi Police Appeal Against Bail Granted To Student Activists In Riots Case; Says HC Judgment Shall Not Be Treated As Precedent In Meantime (Live Law, June 18)

Stan Swamy, The Majesty Of Law And The Tenets Of Justice

Stan Swamy, The Majesty Of Law And The Tenets Of Justice


Drawing by Arun Ferreira

Outlook / by Puneet Nicholas Yadav

At 84 years of age, Stan Swamy is the oldest among the 16 accused in the Bhima Koregaon case and, arguably, the oldest prison inmate across the country facing non-bailable charges under the draconian Unlawful Activities (Prevention) Act.
Eight months after he was arrested and locked up in Navi Mumbai’s Taloja Jail, Stan Swamy – octogenarian Jesuit priest, tribal rights activist, public intellectual, Parkinson’s patient; and in the eyes of the BJP-led central government, an enemy of the State – is now undergoing treatment at Mumbai’s Holy Family Hospital for Covid.
Read more

Stan Swamy case shows why bail on medical grounds remains highly discretionary

Stan Swamy case shows why bail on medical grounds remains highly discretionary

Scroll.in / by Sruthisagar Yamunan

The 84-year-old social activist, arrested in the Bhima Koregaon case, is currently in hospital with a Covid-19 infection.
On May 21, when the Bombay High Court took up for hearing a bail application from human rights activist Stan Swamy, the 84-year-old Jesuit priest made an emotional plea that he be allowed to go back to Ranchi, his home town, given his medical condition.
Read more

Crushing Dissent During India’s Lockdown

Crushing Dissent During India’s Lockdown

Towards Freedom / by Rishabh Jain

“The very thought of him having to plead to jail authorities regarding a basic service like clean water to wash his swelled eye still gives me anxiety attacks,” says Jenny Rowena, wife of Hany Babu.
Babu, a 55-year-old Delhi University professor, is among many political prisoners who have been detained after having been charged under a draconian Indian law, the Unlawful Activities Prevention Act (UAPA).
Read more

Also read/watch: Repeal UAPA – Persecution by Prosecution. Three Day consultation by PUCL in January 2021

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

Bombay HC seeks NIA, MHA and Maharashtra’s response to Rona Wilson, Shoma Sen’s challenge to their UAPA prosecution

04/05/2021

The Leaflet / by The Leaflet

The Bombay High Court Tuesday asked the National Investigation Agency (NIA), Ministry of Home Affairs (MHA) and the state of Maharashtra to file their respective responses to the petitions filed by Rona Wilson and Professor Shoma Sen, accused in the Bhima Koregaon case, challenging the decision of the Maharashtra Government granting sanction to prosecute them under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
Read more

Bombay HC Seeks Maha Govt’s Reply on Pleas of Activists Rona Wilson, Shoma Sen

04/05/2021

News 18 / by pti

A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
The Bombay High Court on Tuesday directed the Maharashtra government to file its replies to petitions filed by activists Rona Wilson and Shoma Sen, seeking quashing of charges against them in the Elgar Parishad-Maoist links case. A bench of Justices S S Shinde and Manish Pitale also directed the NIA, which is conducting a probe into the case, to file its reply to Sen’s petition.
Read more

Prof Shoma Sen claims evidence forged, planted on digital devices; moves Bombay HC challenging UAPA charges

15/04/2021

Bar & Bench / by Neha Joshi

Sen was arrested for her involvement in connection to the violence in Bhima Koregaon case and has been in judicial detention since then without bail.
Bhima Koregaon accused Shoma Sen has filed a petition before the Bombay High Court challenging the charges slapped against her by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA).
Sen, in her plea, contended that the prosecution’s case against her is built on evidence which was planted on digital devices belonging to a co-accused Rona Wilson.
Read more

Prof Shoma Sen challenges prosecution under UAPA; says evidence against her is unfounded, forged and planted on co-accused’s digital devices

14/04/2021

The Leaflet / by The Leaflet

An accused in the Bhima Koregaon case, Professor Shoma Sen, has petitioned the Bombay High Court challenging her prosecution under the stringent anti-terrorism Unlawful Activities (Prevention) (UAPA) Act.
Sen, a former Head of Department of English at Nagpur University, alleged that that the case against her had been built entirely on unfounded, forged, hearsay evidence that was planted on digital devices belonging to a co-accused-Rhona Willson, which (devices) were “illegally” seized by the police in complete violation of all safeguards and procedures mandated under applicable law.
Read more

Also read: Bhima Koregaon Accused Rona Wilson Moves Bombay High Court Seeking SIT Probe Into The Report That ‘Incriminating Materials Were Planted On His Laptop’ (Live Law, Feb 2021)