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Should anyone be jailed for shouting ‘murdabad’?/ Video: Personal Liberty and the Indian Courts

Should anyone be jailed for shouting ‘murdabad’?/ Video: Personal Liberty and the Indian Courts

posters by @/bakeryprasad

Supreme Court’s suspension of Dr. G.N. Saibaba’s acquittal: ‘Technical grounds are also substantive’, says senior advocate, Mihir Desai

26/10/2022

The Leaflet / by Gursimran Kaur Bakshi

Three recent judgments, controversial for their adverse impact on civil liberties, came in for critical review at an online event, organised by the People’s Union for Civil Liberties.
On October 25, the human rights body, People’s Union for Civil Liberties (‘PUCL’) hosted a webinar on the effect of three recent judgments: Jyoti Japtap versus NIA (in which the Bombay High Court denied bail to activist and performer Jyoti Japtap, detained as an accused in the Bhima Koregaon case), State of Maharashtra versus Mahesh Kariman Tirki & Ors. (in which the Supreme Court stayed the acquittal by the Bombay high court of scholar, writer and activist Dr. G.N Saibaba’s conviction in a Maoist links case), and Umar Khalid versus State of NCT of Delhi (in which the Delhi High Court denied bail to activist Umar Khalid, detained as an accused in the Delhi riots case).
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Should anyone be jailed for shouting ‘murdabad,’ says senior advocate Mihir Desai

26/10/2022

Scroll.in / by Scroll Staff

He made the statement during a discussion on three judgements that denied bail to activists Jyoti Jagtap and Umar Khalid.
Should a person be jailed if he shouts murdabad (death to) slogans, asked senior advocate Mihir Desai during an event organised by People’s Union for Civil Liberties on Tuesday, reported Live Law.
He made the statement during a discussion on three judgements that denied bail to activists Jyoti Jagtap and Umar Khalid and stay on the acquittal of former Delhi University professor GN Saibaba.
Read more

Conspiracy Allegation Used To Fill Gaps, Speeches Given A Criminal Colour: Gautam Bhatia On Umar Khalid, Jyoti Jagtap Bail Orders

26/10/2022

Live Law / by Padmakshi Sharma

People’s Union for Civil Liberties (PUCL) hosted an online event to discuss three recent judgements pertaining to civil liberties. The judgements included Bombay High Court’s denial of bail to Jyoti Jagtap (Jyoti Jagtap v. National Investigating Agency and Anr.), Supreme Court’s stay on the acquittal of Dr G.N. Saibaba (State of Maharashtra v. Mahesh Kariman Tirki And Ors.) and Delhi High Court’s denial of bail to Umar Khalid (Umar Khalid v. State of NCT of Delhi).
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Video: Personal Liberty and the Indian Courts

25/10/2022


en | 1h 42min | 2022

The discussion examines the recent three judgements relating to
► The denial of bail of Jyoti Jagtap by the Bombay High Court in the Bhima Koregaon Conspiracy case.
► The stay on the Bombay High Court judgement of acquittal/discharge of Dr. GN Saibaba and others by the Supreme Court
► The denial of bail by the Delhi High Court of Umar Khalid in the Conspiracy case of the Delhi Riots of 2020.
Senior Advocate Mihir Desai and Advocate Gautam Bhatia spoke at the meeting and responded to these judgements.
An update on the delay in the release of Siddique Kappan was shared by Advocate Mohammed Danish from Kappan’s legal team
The discussion moderated by PUCL General Secretary, V Suresh, Arvind Narrain, VP Karnataka State PUCL and Kavita Srivastava, National Secretary PUCL
Watch video (PUCL fb page)

by Live Law (Oct 25, 2022)
People’s Union for Civil Liberties (PUCL) hosts an online discussion on 3 recent judgements- denial of bail of #JyotiJagtap; Supreme Court’s stay on the acquittal of #DrGNSaibaba and; the denial of bail of #UmarKhalid

The judgments will be discussed by Senior Advocate Mihir Desai (@mihirde19079979) Advocate Tara Naruala (@taranarula1) and Advocate Gautam Bhatia (@gautambhatia88)

Advocate Gautam Bhatia: We often hear that the trial courts and the High courts, when they are dealing with UAPA, have their hand tied owing to the text of the UAPA and the Watali judgement. I believe that there is space for the courts to work around.
…
Desai: Jyoti’s name was there in FIR from Day 1 as having shouted slogans at Elgar Parishad and being part of a play which dealt with issues such as demonitisation and dalit rights, which is now considered by the court as serious.
Desai: Most important aspect is the question of frontal organization. Jyoti was a part of Kabir Kala Manch, which is a frontal organisation but no-one knew that it was a frontal organisation.
Desai: You can’t throw names that this is a frontal organisation unless you come with a clear government notification. What is the basis of holding Kabir Kala Manch as a frontal organisation? Nothing.
Desai: Just the other day the prime minister called narmada bachao andolan as an urban naxal movement – anything can be called…which is okay for politicians but for courts to hold such organisations as frontal organisation is wrong.
Desai: In Jyoti Jagtap’s case, even prosecution admitted that there were around 150 organisations…even retired HC and SC judges included in Elgar Parishad…how are you picking one or two members like that? There is no link.
…

Read full thread

Also read:
● Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
● Kabir Kala Manch Incited Hatred By Ridiculing Phrases Acche Din, Demonetization In Plays: Bombay HC [read order] (Live Law / Oct 2022)
● Supreme Court Stays Release Of Prof GN Saibaba & Others In UAPA Case, Suspends Bombay HC’s Acquittal Order (Live Law / Oct 15, 2022)
● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)

Download report

Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery

Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery

posters by @/bakeryprasad

The Wire / by Gautam Bhatia

The judgments denying bail to Jyoti Jagtap and Umar Khalid – from the Bombay and Delhi high courts respectively – reveal that UAPA adjudication continues to be inconsistent and judge-centric.
In June and October 2021, the Delhi and Bombay high courts had passed two important judgments on bail under the Unlawful Activities Prevention Act (UAPA). The Delhi high court’s judgment(s) granted bail to Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal, who were accused of various UAPA offences arising out of the February 2020 Delhi riots. The Bombay high court granted bail to Iqbal Ahmed Kabir Ahmed, who was accused of criminal conspiracy involving members of the banned ISIS group.
The significance of these judgments – I had written at the time – lay in how they articulated a “jurisprudence of liberty” within the stringent confines of the UAPA.
Read more

Also read/watch:
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)
● Video: Dafachya Talavar (Songs of Defiance) – A short documentary on Kabir Kala Manch | Hindi, Marthi (subtitles: English) | 24:01min | 2022

The End: Lessons from UAPA series

The End: Lessons from UAPA series


Drawing by Arun Ferreira

Midday / by Ajaz Ashraf

This draconian law is rarely invoked against the upper caste Hindus who are not communists or Ambedkarites or atheists, which is a commentary on the nature of the Indian state.
This column has featured, over the past five months, stories of those families whose members have been booked under the Unlawful Activities (Prevention) Act—and persistently denied bail. They continue to languish in jail. With the exception of Fahad Shah, editor of The Kashmir Walla, the column focussed on the accused in the 2018 Bhima Koregaon violence and the 2020 Delhi riot cases. Their tragedy is compounded as the charges against them are widely believed to be imaginary.
Read more

Also read:
● And the future of Stan Swamy (Midday.com / Oct 2022)
● And a place Sudhir Dhawale calls home (Midday.com / Aug 2022)
● And Ramesh Gaichor’s patriotic songs (Midday.com / Aug 2022)
● And prayers to Lord for Arun Ferreira (Midday.com / Aug 2022)
● And Vernon’s letters to his son (Midday.com / July 2022)
● And comrades admire Jyoti Jagtap (Midday.com / July 2022)
● And they wait for Mahesh Raut (Midday.com / Jun 2022)
● And the letters of Rona Wilson (Midday.com / June 2022)
● And Allah’s call to Hany Babu (Midday.com / June 2022)
● And Ma died waiting for Surendra (Midday.com / Jun 2022)
● And Ma can’t sing with Sagar (Midday.com / June 2022)
● And he waits for Shoma Sen (Midday.com / May 2022)
● And she waits for Gautam Navlakha (Midday.com / May 2022)

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

Pic credits: Committee for the Defence and Release of GN Saibaba

● Supreme Court Stays Release Of Prof GN Saibaba & Others In UAPA Case, Suspends Bombay HC’s Acquittal Order (Live Law / Oct 15, 2022)

Will rely on ‘historic’ verdict to secure release of Elgar Parishad case accused: Lawyer

15/10/2022

The Times of India / by Vaibhav Ganjapure

After securing acquittal for Prof GN Saibaba and four others primarily based on absence of sanction under UAPA’s Section 45 (1), his lawyers now have plan to rely on the Nagpur bench of the Bombay high court’s verdict for securing the release of several accused who are also behind bars in the Elgar Elgar Parishad case.
Read more

As GN Saibaba gets bail in Maoist link case, let’s recall the Elgar Parishad–Bhima Koregaon case

15/10/2022

Free Press Journal / by Urvi Mahajan

More than eight years after his arrest, the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case for want of valid sanction for prosecution under the stringent anti-terror law UAPA…
With GN Saibaba getting acquitted by the Bombay High Court’s Nagpur bench on Friday, here’s a look at the other Maoist-link case which is the Elgar Parishad-Bhima Koregaon case.
In the Bhima-Koregaon case, the investigation was taken over by the National Investigation Agency (NIA) in 2020, the initial probe being done by the Pune police. Most of the accused have spent years in custody, being arrested in August 2018.
Read more

Bombay HC Frees Saibaba, Others in ‘Maoist Link’ Case

14/10/2022

The Wire / by The Wire Staff

The Nagpur bench of the high court allowed the appeal of all six convicted persons, including Pandu Narote who died in August this year.
Former Delhi University professor G.N. Saibaba and five others were acquitted in the Maoist links case by the Bombay high court, allowing their appeal against conviction and life sentence…
After Saibaba’s conviction, his lawyer in the lower court, Surendra Gadling; his colleague Hany Babu; and his close friend Rona Wilson were also arrested in years to come under the UAPA charges. While Gadling fought his case in court, Babu and Wilson had run a campaign for his release. All three are named as prime accused in the Elgar Parishad case of 2018.
Read more

Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report
● Silencing critics: Apex Court view ‘brain is more dangerous’ revoking Saibaba acquittal (Counterview / Oct 16, 2022)
● “Urban Naxals” Are Making Frequent Requests For House Arrest: Solicitor General Tushar Mehta Tells Supreme Court [read order] (Live Law / Oct 15, 2022)

The plight of jailed activists in ‘police state’

The plight of jailed activists in ‘police state’

Delhi. Oct 8, 2022

The Telegraph / by Pheroze L. Vincent

Try hugging your child with one arm
Political leaders on Saturday shared the stage with relatives and friends of activists imprisoned in terror cases, listening to how bail remained a mirage for years and police prevented the accused even from hugging their children in court.
Besides the release of their loved ones, most of the speakers demanded a repeal of the Unlawful Activities Prevention Act (UAPA) which made bail difficult to obtain, and alleged that an “undeclared emergency” had turned the country into a “police state”.
Read more

Also read:

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

Press Release: India Behind Bars – The Cost Of Free Speech

Press Release: India Behind Bars – The Cost Of Free Speech

by AILAJ (Oct 8, 2022):
AILAJ co-organised ‘India Behind Bars’ press conference in the Press Club of India with
@AISA_tweets and @ryaindia. Hundreds of students, teachers, activists and concerned citizens of Delhi joined us.

By AISA (Oct 8, 2022):
Despite heavy rains, students, citizens of Delhi flooded the Press Club of India in solidarity with different political prisoners incarcerated under acts like UAPA, PSA, NIA etc. #FreeAllPoliticalPrisoners #IndiaBehindBars

Recording by Millat Times: India Behind Bars: The Cost Of Free Speech (Excerpt)


En/Hindi/Urdu | 30min | 2022
Watch video

click to enlarge posters

by Akash (Oct 6, 2022):
To quote Com. Ravi Rai @ravirai2015: “Those behind bars spoke up for us, it’s time for us to speak up for them.” #DelhiPogrom #bhimakoregaon
Join the Press Conference on 8 October at the Press Club.
#FreeAllPoliticalPrisoners #RepealUAPA

by AILAJ_HQ (Oct 5, 2022)
Join us on 8th Oct at 4 p.m. at the Press Club of India, New Delhi for a press conference on India Behind Bars: The Cost of Free Speech where we demand the scrapping of draconian laws and release of political prisoners.

click to enlarge poster

#ReleaseAllPoliticalPrisoners

click to enlarge posters

Also read:

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

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

PUCL Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (#RepealUAPA campaign)

28/09/2022

By V. Suresh, Madhura SB and Lekshmi Sujatha (PUCL)

Study of UAPA Abuse in India, 2009 – 2022
Published: Sep 28, 2022
41 pages
PUCL’s study on the use and abuse of UAPA covering the period between 2009 and 2022, with special emphasis on the NIA. A first in the series of a larger collaborative work as part of #RepealUAPA campaign.
Download report

PUCL report alleges abuse of Unlawful Activities (Prevention) Act

02/10/2022

The Hindu / by The Hindu Bureau

Report by the People’s Union for Civil Liberties says ‘suo motu power’ by Centre to transfer investigation from the State police was a ‘serious threat to federalism’
The People’s Union for Civil Liberties (PUCL) has released a report titled ‘UAPA: Criminalising Dissent and State Terror’ on the alleged abuse of the legislation during 2009-22, and demanding the law be repealed.
Read more

97.2% of UAPA accused jailed for long periods and eventually acquitted, study finds

02/10/2022

The News Minute / by Jahnavi Reddy

The PUCL study found that 8,371 persons were arrested under the Unlawful Activities Prevention Act between 2015 and 2020, while only 235 were convicted under the draconian anti-terror law in the same period.
A total of 8,371 persons were arrested in 5,924 cases under the draconian Unlawful Activities Prevention Act (UAPA) across India between 2015 and 2020, according to a report by the People’s Union for Civil Liberties (PUCL), which sheds light on the Union government’s alleged abuse of the anti-terror law and calls to repeal it. In the same period, however, only 235 persons were convicted under the UAPA.
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NCHRO calls for solidarity to Lawyers and Human Rights Defenders who are arbitrarily detained

NCHRO calls for solidarity to Lawyers and Human Rights Defenders who are arbitrarily detained

Poster campaign, 2020

By National Confederation of Human Rights Organizations (NCHRO)

27/09/2022

This letter elaborates our concerns about the unlawful detention of lawyers and other human rights defenders who were arrested on September 22nd, 2022 in an early morning raid along with over 100 others across the country by the National Investigation Agency (NIA), the principal counter-terrorist task force of India and Enforcement Directorate. The activists have been arbitrary detained under repressive laws including the Unlawful Activities (Prevention) Act (UAPA). Such detentions have become a regular practice of the present government…

The Bhima Koregaon case is just one emblematic example of the Indian authorities’ increasing use of anti-terror legislation, particularly the Unlawful Activities (Prevention) Act (UAPA) to punish those who ask questions about the illegitimate anti-minority and anti-poor stances.
Read full statement

The National Confederation of Human Rights Organisations (NCHRO) halts its work in the country

28/09/2022

By National Confederation of Human Rights Organizations (NCHRO)

The National Confederation of Human Rights Organisations (NCHRO) halted its work in the country as the news came that the Ministry of Home Affairs (MHA) had banned the organisation. This is a reprisal for the organization’s human rights work. The NCHRO is very proud of the vital human rights work carried out by the confederation.
As a result, we are suspending all our activities. Effective immediately, NCHRO halted all its programmes and we are not engaged and responsible for any posts on social media.
We will pursue legal remedies against this injustice.

Sincerely,
Prof A Marx

Draconian UAPA provisions challenged in the SC [read petition] / SC to hear plea on Oct 18

Draconian UAPA provisions challenged in the SC [read petition] / SC to hear plea on Oct 18

Draconian UAPA provisions, constitutionality challenged in the SC [read petition]

28/09/2022

Sabrang India / by Tanya Arora

The most recent challenge to the UA(P)A is a petition filed that makes the case that vague language and arbitrary provisions violate allow governments to abuse powers and violate the fundamental rights of the citizens
The Unlawful Activities (Prevention) Act, 1967, is being challenged in court as having “manifestly arbitrary” provisions and a very broad definition of “unlawful activity” that has a stifling impact on free expression. The Supreme Court, that first took up the matter September 26, 2022 will hear the matter on October 18.
… The petition argues that the UAPA’s provisions are “arbitrary and perverse, since they represent a condemnation of all democratic expression,” and that governments are abusing them “to target any and all kinds of dissent.” The petition was filed through attorney Rahul Bhatia.
Read more

Supreme Court to hear plea challenging UAPA on October 18

27/09/2022

Scroll.in / by Scroll Staff

The petitioner has argued that the law is being misused by the government as a political tool to target all forms of dissent.
The Supreme Court on Monday said it will hear a petition challenging the constitutional validity of the Unlawful Activities (Prevention) Act on October 18, Live Law reported.
Under the stringent provisions of the Unlawful Activities (Prevention) Act, investigation agencies get 180 days to probe a case, as against 60-90 days under ordinary criminal law.
… Umar Khalid, Sharjeel Imam, Siddiqui Kappan and Stan Swamy are some of the activists who have been accused under the draconian law.
Read more

Prisoners of Conscience Under Modi Regime

Prisoners of Conscience Under Modi Regime

By Communist Party of India (Marxist-Leninist) Liberation

Since the BJP’s rise to power in 2014, the list of people -ranging from human rights activists to lawyers, and journalists to students – being persecuted for their identity and their fidelity to fighting for democratic and progressive rights, has grown rapidly. Starting from the arrests related to Bhima Koregaon in 2018 and protests against CAA in 2020 to the recent arrests of activist  Teesta Setalvad and journalist Mohammad Zubair, the current regime is bent on imprisoning any person who speaks uncomfortable truths and exposes their lies.
Read full statemnt

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Also visit:

● Prisoners of Conscience in India. The Prisoners of Conscience in India (PoCI) documents and highlights the cases of people who have been imprisoned in India because of their peaceful expression of political, religious, or other conscientiously held beliefs.