UAPA – Page 4 – free them all

UAPA should be scrapped as 97 percent accused are aquitted, says Prof. Haragopal

28/01/2024 Asha

The Hindu / by Rajulapudi Srinivas

Calling UAPA ‘undemocratic’, the human rights activist says the State is leaning towards implementing more oppressive and repressive laws
“A person suffers in jail for three to four years and then gets acquitted after the prosecution fails to prove his guilt. This is happening in many cases now. About 97 percent of the arrests were made without any evidence, under the Unlawful Activities (Prevention) Act, 1967 (UAPA) cases,” said G. Haragopal, human rights activists and retired professor from the University of Hyderabad.
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Also read:
▪ The Govt is out to silence Dissenters through Arrests: Justice Hosbet Suresh (Sabrangindia / Oct 2018)

Staying a bail order in a UAPA matter where getting bail is already difficult is a travesty of justice

11/01/2024 Asha

The Leaflet / by Deeksha Dwivedi

The stay on the bail Orders of Gautam Navlakha and Mahesh Raut, incarcerated under the Unlawful Activities (Prevention) Act, 1967, creates an unconstitutional and unjust barrier for the fulfillment of their fundamental rights, laments the author.
Read more

Also read:
▪ The first week in the new year repeats the same old story of procedural grind (The Leaflet / Jan 2024)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bombay High Court grants, stays bail to Gautam Navlakha (The Leaflet / Dec 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 2023)

Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months

07/12/2023 Asha

An analysis of eight politically sensitive cases shows they were moved to Justice Bela M Trivedi of the Supreme Court over the past four months, even though the rules of assignment say they should remain with the senior judge or before a judge hearing a similar case. Close to six years after four Supreme Court justices raised the issue of cases being assigned before a specific judge, senior lawyers have now questioned the manner of moving cases by the ‘master of the roster’, the Chief Justice of India.
…
The Case Of Mahesh Raut
A similar pattern is visible in the incarcerated Bhima Koregaon-Elgar Parishad violence case accused Raut’s bail plea.
Raut, who is a researcher and forest rights activist, was arrested in June 2018 by the Pune police for his alleged connection with the violence that broke out on 1 January 2018, in Bhima Koregaon village near Pune.
Read more

Also read:
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut (The Leaflet / Sep 2023)

Global Rights Groups Urge FATF to Call on the Indian Govt to Stop Alleged UAPA, PMLA, FCRA Abuse

04/11/2023 Asha

Global Rights Groups Urge FATF to Call on the Indian Govt to Stop Alleged UAPA, PMLA, FCRA Abuse

07/11/2023

The Wire / by The Wire Staff

Three rights organisations – Amnesty International, Human Rights Watch and Security Network – in a joint statement have said that India’s actions have flouted both FATF’s standards and international human rights law.
Recognising the alleged misuse of terror laws in India, several international human rights organisations have urged the global terrorism financing and money laundering watchdog, the Financial Action Task Force (FATF), to call on the Indian government to stop prosecuting, intimidating and harassing human rights defenders and activists.
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India urged to stop ‘weaponizing’ laws to crush dissent

07/11/2023

UCA News / by UCA News reporter

Counterterrorism law, financial regulations are used to target, intimidate, harass, and punish critics, rights groups say
Three global rights groups have urged the Indian government to stop targeting rights activists by abusing counterterrorism and financial laws and called on a major terror financing and money laundering watchdog to intervene.
The Indian government is “weaponizing” the laws to detain and punish rights activists, Human Rights Watch (HRW), Amnesty International, and the Charity & Security Network said in a joint statement on Nov. 3.
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India’s anti-terror laws being used to target non-profits, activists, says report ahead of FATF visit

04/11/2023

Newslaundry / by Sumedha Mittal

The FATF will visit India this month for an ‘onsite evaluation’.
Ahead of the Financial Action Task Force’s India visit to probe alleged misuse of local laws to crackdown on non-profits, a report published by a US-based rights group has alleged that India’s expanding scope of anti-terror laws have “wide-ranging adverse impacts” on rights defenders and non-profit organisations.
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Read full report by American Bar Association

● The Preliminary Fair Trial Report: Bhima Koregaon, Oct 2019

Read full report

Joint Press Release – India: Stop Abusing Counterterrorism Regulations

03/11/2023

By Amnesty International

Financial Action Task Force Review Should Document Crackdown on Dissent
The global terrorism financing and money laundering watchdog, the Financial Action Task Force (FATF)opens in a new tab, should call on the Indianopens in a new tab government to stop prosecuting, intimidating and harassing human rights defenders, activists and non-profit organisations in the country on the pretext of countering terrorist financing, Amnesty International, Charity and Security Network and Human Rights Watch said today. FATF members are to start their fourth periodic review of India’s record on tackling illicit funding on November 6, 2023.
Read more

Also read:
● India: Arrests, Raids Target Critics of Government (Amnesty International / Oct 2023)
● AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

UAPA, financial regulations being misused to target scribes, activists, say international rights groups

13/10/2023 Asha

India: Arrests, Raids Target Critics of Government

13/10/2023

By Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA), Christian Solidarity Worldwide (CSW), Committee to Protect Journalists, Front Line Defenders, Human Rights Watch, International Federation of Journalists (IFJ), International Service for Human Rights, PEN America, Reporters Without Borders, International Federation for Human Rights (FIDH), and World Organisation Against Torture (OMCT)

Indian authorities are misusing an abusive counterterrorism law, financial regulations, and other laws to silence journalists, human rights defenders, activists, and critics of the government, 12 international human rights groups said today.

… The Indian government also used UAPA to arrest 16 prominent activists who promoted the rights of India’s most marginalized communities, accusing them of inciting violence that occurred during a Dalit meeting in January 2018. Eight are still detained without trial, and seven eventually were granted bail, while one died in custody.
Read full statement

UAPA, financial regulations being misused to target scribes, activists, say international rights groups

13/10/2023

The Hindu / by The Hindu Bureau

The 12 human rights groups charged Indian authorities with carrying out an “escalating crackdown” on media and civil society since the Narendra Modi-led government came to power in 2014
Human Rights Watch, Amnesty International, and 10 other international rights groups have jointly condemned what they termed as Indian authorities’ misuse of counter-terrorism laws, financial regulations, and other laws to “silence journalists, human rights defenders, activists, and critics of the government”.
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Also read:
● AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Why UAPA is a threat to media freedom in India

06/10/2023 Asha

NewsClick and patterns of repression: The tiredness of being a journalist

07/10/2023

Newslaundry / by Jayashree Arunachalam

For a particular kind of journalist, life is supposed to play out in sanctimonious technicolour, just like The Newsroom. Speaking truth to power, telling the stories that matter, separating fact from fiction, holding people accountable. Did you annoy a government or local bigwig in the process? No problem! That’s par for the course in the quest for truth. It’s a badge of pride, almost, because you must be doing something right.
… Think back on arrests that made headlines over the past three years. Siddique Kappan travelled to Hathras when he was arrested. Mohammed Zubair referenced a movie trope. Disha Ravi edited a Google Doc. In the Bhima Koregaon case, an extraordinary example of police audacity, the police produced outlandish letters as “proof”, even as the police themselves were accused of planting evidence.
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Why UAPA is a threat to media freedom in India

06/10/2023

Frontline / by Venkatesan V

The Unlawful Activities (Prevention) Act serves as a powerful tool for the state to stifle media dissent and intimidate truth-seeking journalists.
The arrest of the NewsClick founder and Editor-in-Chief, Prabir Purkayastha and its Human Resources head, Amit Chakraborty under the UAPA has brought into focus the gross abuse of the Act by those in power to curb dissent. The First Information Report (FIR) names Purkayastha, the activist Gautam Navlakha (who is under house arrest in the Bhima Koregaon case) and the U.S. businessman Neville Roy Singham.
Read more

Also read:
● FIR Given Only Yesterday, Allegations Untenable and Bogus: Newsclick (newsclick.in | by Newsclick Team | Oct 6, 2023)
● Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)
● In India, 16 journalists under UAPA ; seven behind bars (Freespeechcollective.in / Oct 5, 2023)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
● Civic Freedoms in India ‘Repressed’: Global Monitor Civicus (The Wire / March 2023)

Gautam Navlakha has a tremendous archive of writings from the 1980s to the present, documented by The Friends of Gautam Navlakha.
To read some of his recent writings and a full list of his articles with NewsClick, Economic & Political Weekly and the platform Sanhati visit: Gautam Navlakha – Journalist, Human Rights Defender, Political Prisoner

We don’t want more Bhima Koregaon bogus conspiracy case / Condemn the NIA’s raid in Andhra-Telangana

03/10/2023 Asha

Condemn the NIA’s raid in Andhra-Telangana to suppress democratic voices critical of war of corporate plunder

06/10/2023

Countercurrrents / by Forum Against Corporatization and Militarization

On 2nd October, 2023, the National Investigation Agency (NIA) conducted raids across various locations belonging to various democratic and pro-people activists in Andhra Pradesh and Telangana. The organisations that have been targeted, include, Coordination of Democratic Rights Organizations (CDRO), Andhra Pradesh Civil Liberties Committee (AP CLC), Chaitanya Mahila Sangam (CMS), Pragatisheela Karmika Samakya (PKS), Patriotic Democratic Movement (PDM), Praja Kala Mandali (PKM), Vasantha Meghum, Virasam (RWA), Indian Association of People’s Lawyers (IAPL), Kula Nirmulana Porata Samiti (Struggle Committee for Caste Annihilation; KNPS), Amarula Bandhu Mitrula Sangham (ABMS), Committee for the Release of Political Prisoners (CRPP) and Human Rights Forum (HRF).
Read full statement

We don’t want more Bhima Koregaon bogus conspiracy case in the name of National Security

03/10/2023

Asianspeaks.com / by Campaign Against State Repression (CASR)

“In the overall situation in India, no form of democratic assertion is left untouched by the NIA’s repression in the name of Maoist links, whether they be organizations fighting for the rights of minorities, anti-caste organizations like KNPS, women’s rights organizations like the CMS or even Gandhian or Marxist-Leninist organizations. All forms of democratic assertions are under threat in this current spate of repression…”

Statement By Campaign Against State Repression

CASR STRONGLY CONDEMN THE NIA RAID IN TELENGANA AND ANDHRA PRADESH
In the early hours of 2nd October, 2023, the National Investigation Agency (NIA) raided 62 different locations in the states of Andhra Pradesh (53) and Telangana (9) as part of their recent string of raids all over the country against democratic rights organizations.
Read full statement

NIA Conducts Coordinated Raids on Rights Activists Across 62 Locations in Andhra, Telangana

03/10/2023

The Wire / Sukanya Shantha

The raids were in connection with the 2021 Munchingiputtu CPI (Maoist) conspiracy case. Devices and literature belonging to functionaries and lawyers of the Indian Association of People’s Lawyer and Human Rights Forum, along with various other rights bodies were seized.
Officials of the National Investigating Agency (NIA) arrived in groups of four and five in 62 locations across Telangana and Andhra Pradesh on October 2, in coordinated raids at the homes of human rights activists and researchers.
The raid teams – comprising of NIA officers from Delhi and the local police – arrived between 5.30 am and 6 am on the day, and stayed at the locations till afternoon.
Read more

Also read:
● Chronology Samajhiye: 5 Days, 4 Agencies Under Modi Govt Control Target Opposition, Journalists, Activists (The Wire | Soumashree Sarkar | Oct 6, 2023)
● Blatant use of UAPA by Telangana Police to suppress dissenting voices (Countercurrents / June 2023)
● Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others (The Wire / June 2023)

AI Report: India’s exploitation of terrorism financing assessments to target the civil society

26/09/2023 Asha

Amnesty.org / by Amnesty International

The Indian government has exploited the 2010 and 2013 Financial Action Task Force (FATF) assessment reports to supplement its arsenal of counterterrorism and money laundering laws, many of which are routinely used to target civil society organizations and human rights defenders. The briefing paper analyses the Foreign Contribution (Regulation) Act, Unlawful Activities (Prevention) Act and Prevention of Money Laundering Act and highlights the emblematic cases of the crackdown suffered by journalists, academics, human rights activists, and students under these laws since 2010.
…

IMPACT OF UAPA ON INDIA’S NPO SECTOR
(Page 25) … Sections 17 and 40 of UAPA that relate to terrorist funding have also been arbitrarily invoked against 16 human rights activists (BK16) since 2018, nine of whom continue to be detained without trial in the Bhima Koregaon case…
India’s targeting of activists through the misuse of UAPA’s financial powers demonstrates the broader context of the crackdown on dissent in India. For example, in June 2020, after thorough and detailed research, Amnesty International and Citizen Lab uncovered that at least nine other activists who had been calling for the release of the BK16 activists were targeted through a coordinated spyware campaign. Three of them were also targeted with the NSO Group’s Pegasus spyware, a commercial product only sold to government entities.
Read full report

● Campaign by Amnesty International: Act now to demand the release of the BK16! (Dec 2022)

Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

In Jail for 5 Years, Activist Mahesh Raut Gets Regular Bail in Bhima Koregaon Case [read order]

21/09/2023 Asha

In Jail for 5 Years, Activist Mahesh Raut Gets Bail in Elgar Parishad Case

21/09/2023

The Wire / by Sukanya Shantha

The 36-year-old tribal rights activist is one of the first five persons to have been arrested in the controversial case, on June 6, 2018.
Five years after 36-year-old tribal rights activist Mahesh Raut was arrested for his alleged role in the Elgar Parishad case, the Bombay high court on Thursday, September 21, granted him bail.
The National Investigating Agency (NIA), which is handling the investigation in the case, sought two weeks’ time to appeal in the Supreme Court. The HC, however, granted a week’s time.
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Bhima Koregaon: Bombay High Court grants regular bail to Mahesh Raut

21/09/2023

The Leaflet / by Sarah Thanawala

The operation of the Order granting bail to Mahesh Raut is, however, directed to remain in suspension for a week to enable the NIA to appeal.
On Thursday, the Bombay High Court granted regular bail to forest rights activist Mahesh Raut.
A division Bench of the high court comprising Justices A.S. Gadkari and Sharmila U. Deshmukh, however, has stayed the Order for one week.
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Bombay High Court grants bail to Mahesh Raut; sixth accused to get bail [read order]

21/09/2023

Bar & Bench / by Neha Joshi

Raut is the sixth person to get bail in the Bhima Koregaon case after Sudha Bhardwaj, Varavara Rao, Anand Teltumbde, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Thursday granted bail to Mahesh Raut, one of the accused persons in the Bhima Koregaon riots case of 2018.
A division bench of Justices AS Gadkari and Sharmila Deshmukh passed the order.
The Court stayed its order for a week after the National Investigation Authority (NIA) sought time to file appeal against the same before the Supreme Court.
Read more

Read order

No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut: Bombay High Court [read order]

21/09/2023

Live Law / by Sharmeen Hakim

Observing that the material against forest rights activist Mahesh Raut couldn’t lead to a prima-facie inference that he had indulged in a ‘terrorist act’ under Section 15 of the Unlawful Activities (Prevention) Act 1967, the Bombay High Court granted him bail in the Bhima Koregaon – Elgar Parishad larger conspiracy case.
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Bhima Koregaon Case: Bombay High Court Grants Bail To Mahesh Raut, Stays Bail For One Week At NIA’s Request

21/09/2023

Live Law / by Sharmeen Hakim

The Bombay High Court granted bail to Mahesh Raut an accused in the 2018 Bhima Koregaon – Elgar Parishad larger conspiracy case making him the sixth person to get bail in this case. However, the High Court stayed the order granting bail for one week at the request of the National Investigating Agency (NIA), which sought for a stay of two weeks.
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Bhima Koregaon Case: Mahesh Raut, youngest accused, granted bail by the Bombay HC!

21/09/2023

Sabrangindia.in / by SabrangIndia

After 5 years of incarceration, court grants bail as Section 16, 17, 18 of UAPA not made out, order stayed for one week as NIA seeks time to file appeal with the Supreme Court.
Mahesh Raut, the youngest accused in the Bhima Koregaon Elgar Parishad Violence case, has been granted bail by the Bombay High Court. On September 21, 2023, a division bench of Justice AS Gadkari and Justice Sharmila Deshmukh passed the bail order.
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Elgaar Parishad case: Mahesh Raut sixth to secure bail; 8 others still in jail

22/09/2023

The Indian Express / by Omkar Gokhale

The High Court had initially allowed a regular bail plea of Mahesh Raut but stayed its order for a week after the National Investigation Agency (NIA) sought a stay for 14 days so that it can approach the Supreme Court.
… Of the total 16 accused who were held, six of them (including Raut) have received bails from either the High Court or the Supreme Court. Among the accused who are still in custody are Gautam Navlakha, who is under house arrest.
Read more

Who is Mahesh Raut? Bombay HC grants him bail in Elgaar Parishad Case

23/09/2023

The Statesman / by Statesman Web

The Bombay High Court has recently granted bail to Mahesh Raut in connection with the Elgaar Parishad case, with the condition that the order will be stayed for a week upon the National Investigation Agency’s (NIA) request.
Raut, a dedicated land rights activist working in the Gadchiroli region of Maharashtra, had initially sought regular bail in 2022 after his bail plea was rejected by the special NIA court in November 2021. Let’s take a closer look at Mahesh Raut and his background.
Read more

Also read:
● Gonsalves and Ferreira bail judgment: A step in the right direction but where will we go from here? (The Leaflet / Aug 2023)
● Gadchiroli’s 300 Gram Sabhas Pass Resolution in Support of Activist Mahesh Raut (The Wire / Oct 2018)
● Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents / by Neema Pathak Broome and Mahesh Raut / June 2017)

Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John

17/09/2023 Asha

Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John

17/09/2023

Scroll.in / by Scroll Staff

The senior advocate said that the law has strict bail conditions and allows extension of custody of an accused from 90 to 180 days before chargesheet is filed.
It is tragic that people booked under the Unlawful Activities (Prevention) Act continue to remain incarcerated on little or no evidence due to the stringent sections in the law, senior advocate Rebecca John said on Saturday, reported Live Law.
John, who has represented activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, made the remarks during a panel discussion held for the launch of the book, Unsealed Covers: A Decade of the Constitution, the Courts and the State by author Gautam Bhatia.
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When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That’s The Real Tragedy: Rebecca John

17/09/2023

Live Law / by Gyanvi Khanna

During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State, Senior Advocate Rebecca John made strong observations about the Unlawful Activities (Prevention) Act, 1967 (UAPA).
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Video: Discussion On Unsealed Covers By Gautan Bhatia – Justice Muralidahar, Rebecca John, Seema Chishti

en | 1:37:45 | 2023
Watch video

Also read/watch:
● Rebecca John: Supreme Court judgment has far reaching consequences (Rediff.com / Aug 2023)
● Video: Vernon v. State of Maharashtra: A Breakthrough in Bail Jurisprudence under the UAPA? (PUCL India / Aug 2023)