Noted academic Dr Hany Babu, a UAPA prisoner in the Bhima Koregaon case, has been granted honorary doctorate degree by Ghent University in Belgium. Dr Anne Breitbarth, Ghent University in this video read a poem on Babu by Shivangi Mariam Raj. It was published in Maktoob. Watch video
Episode 18 of CJP’s Podcast Series RightsCast
How does the Indian Prison system strip the women inmates of their basic rights and dignity? In a patriarchal society, within a prison system that’s designed to focus on male inmates, how do female prisoners navigate their incarceration?
Listen to this in-depth podcast on the conditions of women inmates in India’s prisons where human rights activists, Adivasi leaders, student activists, lawyers and citizens-in-resistance share stories of horror and explore the plight of women in prison. Listen to the podcast
Video: Being inside the Jail is a dehumanising experience | Sudha Bharadwaj | QUAID KE PARE
By Citizens for Justice and Peace hindi | 3:13min Watch video
Video: Healthcare and Mental Health inside Prison | Sudha Bharadwaj | QUAID KE PARE
By Citizens for Justice and Peace hindi | 5:51min Watch video
Also watch/read:
● Video: The Conditions of Prisoners in Indian Jails
By All India Lawyers’ Association for Justice – AILAJ / March 2022
en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails. Watch video
Jenny Rowena, the wife of jailed Delhi University professor Hany Babu, laments the situation of prisons in India and accuses that, as a society, we failed to have a social ethos that never undermines prisoners’ rights.
While talking to Maktoob‘s Shaheen Abdulla, she emphasized that medical negligence in prisons has led to serious conditions for Babu, who is booked under UAPA in the Elgar Parishad Bhima Koregaon case. Watch video
Press Conference / Statement by MRSD: Fabricating Evidence – Tampering with Fr. Stan Swamy’s computer
In wake of the recent Arsenal report which exposes the malicious tampering with Fr. Stan Swamy’s computer, MRSD* organized a press conference on “Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case” on December 22, 2022.
Speakers: Fr. Joe Xavier, Convenor of Fr. Stan Swamy Legacy Committee of the Jesuits and Former Executive Director of the Indian Social Institute. Fr. Frazer Mascarenhas, Former principal of St Xavier’s College in Mumbai and the Parish Priest of St Peter’s Church. Mihir Desai, Senior Advocate at High Court of Bombay. Nagarjuna G., Former Professor, Homi Bhabha Centre for Science Education, Tata Institute of Fundamental Research.
*MRSD is a forum constituted by several democratic rights, civil society and people’s organisations to campaign for the release of human rights defenders falsely charged and imprisoned in the Bhima Koregaon conspiracy case, the repeal of UAPA and for upholding the citizens’ right to dissent.
Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case
The latest report released by Arsenal Consulting, a Massachusetts-based digital forensics firm- proves that Father Stan’s computer was infiltrated by hackers since October 19th 2014, and more than 40 documents were planted in it. In his last video statement before his arrest, Stan had asserted that documents shown to him by the NIA were fabricated. Inspite of the same he was arrested on 8th October 2020 and subsequently died on 5th July 2021 in custody. Stan’s case represents not just grave injustice to the 84-year-old, but also the deep denigration of basic humanity by the system.
Fr. Stan was incarcerated in the Bhima Koregaon (BK) conspiracy case which has come to represent a major conspiracy against human rights defenders in India. Including Stan, 16 activists, lawyers, academicians have been arrested since 2018 in the case filed by the Pune police (later on transferred to NIA) following caste violence that broke out against Dalit visitors on January 1, 2018, in Bhima Koregaon village near Pune. Ironically, the police invoked UAPA, a law that Stan vehemently resisted, to arrest the BK-16 activists, and brand them as anti-nationals, urban naxals and members of a banned political party and even alleged involvement in a purported assassination plan on the Prime minister. The long list of allegations in the case is meant to arouse the deepest suspicion against these 16 accused, and against their work of defending democracy and people’s struggles.
Fr. Stan worked tirelessly especially for Adivasis in Jharkhand, their rights to land, forest, and against their false incarceration. Apart from being an activist, he also documented many instances of injustices in an impeccable manner. He also raised objections to instances of illegal mining and other supposed development projects which had the impact of displacing people from their home and hearths.
Fr. Stan’s arrest in the middle of COVID-19 pandemic, despite his ill-health and age, is a proof of the system’s apathy to human rights defenders. During his last months in prison, he repeatedly requested to be shifted to his residence in Ranchi. A patient of the Parkinson’s disease, Stan faced multiple challenges during his incarceration. Inspite of having contracted Covid and taking seriously ill, he was denied timely medical treatment and care in prison. However, no cognizance of this was taken, and the situation deteriorated resulting in the death of Fr. Stan, even while his application for bail was pending. His untimely and tragic death is a result of the sheer negligence of the jail authorities, NIA and failure of the entire criminal justice system to protect a defender of justice. Such denial of rights becomes even more stark with emerging documentary proof that the evidence presented in the case were fabricated. It must be noted that in April 2021, Arsenal consulting had already released a report proving the malicious hacking and planting of documents in computers of co-accused, Rona Wilson and Surendra Gadling.
The fact that Fr. Stan died before he could get a chance to prove his innocence is jarring. This case shows the extent to which illegal cyber-attacks are being used in Digital India to build false criminal cases against innocent citizens who can then be jailed indefinitely under the UAPA law. Such is the desperation of the system to incarcerate human rights defenders and dehumanize the society at large. At the same time, the real instigators of violence at Bhima Koregaon, Milind Ekbote of Samastha Hindu Aghadi and Sambhaji Bhide of Shiv Chhatrapati Pratishan are not being prosecuted and are instead being shielded politically.
We call for: 1. Immediate release of all remaining co-accused in the Bhima Koregaon conspiracy case and quashing of the case against them on the basis of fabricated evidence. 2. Reparations and justice for the wrongful incarceration of Fr. Stan Swamy that resulted in his death. 3. Impartial and independent investigation into the tampering of electronic devices and fabrication of evidence against the BK-16 accused in the case. 4. Impartial and independent investigation into the role of Milind Ekbote, Sambhaji Bhide and other right-wing leaders and outfits for planning and inciting violence on Dalits in Bhima Koregaon and their prosecution in the FIRs filed against them. 5. Repeal of draconian UAPA law used as a tool to curb dissent and political opposition.
*Mumbai Rises to Save Democracy: MRSD is a forum constituted by more than 20 democratic rights, civil society and people’s organisations to campaign for the release of those arrested in the Bhima Koregaon conspiracy case, repeal of UAPA and for upholding the citizens’ right to dissent.
Eminent trade union activist Sudha Bhardwaj was released on 9 December 2021 after being in jail for three years. She is not allowed to go out of Mumbai. How has this one year been for her, Chhattisgarh has been the field of work, the regret of not being able to go there, what were her experiences in jail, what were the challenges of being a trade union leader as a woman. Workers’ Unity talked to him in detail on these subjects. Watch video
● Video: The Conditions of Prisoners in Indian Jails
By All India Lawyers’ Association for Justice – AILAJ / March 2022
en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails. Watch video
● Sudha Bharadwaj speaks – A Life in Law and Activism
Publisher: Peoples Union for Civil Liberties (PUCL)
Edition: January 2021
Language: English
Sudha Bharadwaj’s interview by: Darshana Mitra and Santanu Chakraborty
Pictures credit: PUCL
Cover Design / Layout: Vinay Jain
Paperback: 316 pages
Access a free PDF copy of the book here: Sudha_Bharadwaj_speaks (2,1 MB)
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. Watch video (PUCL fb page)
Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month
by Bar & Bench (Nov 10, 2022): #BREAKING Supreme Court allows Gautam Navlakha plea for house arrest instead of being lodged in jail.
Bench led by Justice KM Joseph permits house arrest for a month subject to conditions.
Supreme Court allows Gautam Navlakha’s plea seeking house arrest
10/11/2022
The Leaflet / by Sarah Thanawala
On Thursday, in Gautam Navlakha versus National Investigation Agency and Anr., a division bench of the Supreme Court, comprising Justices K.M. Joseph and Hrishikesh Roy, allowed the plea to place the petitioner, Gautam Navlakha, under house arrest for a period of one month subject to stringent restrictions and conditions.
Journalist and human rights activist Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, is charged under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). During his custody as an undertrial prisoner, a charge sheet was filed on October 9, 2020, and charges are yet to be filed by the court. The petitioner, in custody since April 2020, stands accused along with 15 others. He is currently lodged at Taloja jail in Mumbai, awaiting trial. Read more
Supreme Court allows Gautam Navlakha to be shifted to house arrest from jail for 1 month
10/11/2022
Bar & Bench / by Abhimanyu Hazarika
The Court directed that Navlakha shall not be permitted to use computer, internet or any other communication device while under house arrest.
The Supreme Court on Thursday allowed a plea filed by Bhima Koregaon accused Gautam Navlakha to be shifted from jail to house arrest for a month.
Navlakha has to deposit an amount of ₹2.4 lakh as expenses for his security cover when he is under house arrest, a bench of Justices KM Joseph and Hrishikesh Roy ordered. Read more
Supreme Court Allows Transfer Of Bhima Koregaon Accused Gautam Navlakha To House Arrest For One Month, Imposes Conditions
10/11/2022
Live Law / by Livelaw News Network
The Supreme Court has ordered that 73-year-old human rights activist Gautam Navlakha, who is in custody in connection with the Bhima Koregaon case, be transferred to house arrest within 48 hours on account of his medical condition. The order is interim in nature and will be reviewed after one month. Read more
Supreme Court Allows Transfer Of Gautam Navlakha To House Arrest For One Month [VIDEO]
SC allows Gautam Navlakha to be under house arrest
10/11/2022
Scroll.in / by Scroll Staff
The 70-year-old activist had cited ill health and poor facilities in prison as the reasons behind his transfer from Taloja Jail.
The Supreme Court on Thursday allowed jailed activist Gautam Navlakha to be under house arrest for a month, Live Law reported. Navlakha had filed a plea seeking to be shifted from jail on grounds of ill health and poor facilities in prison.
A bench headed by Justice KM Joseph ordered jail authorities to carry out the necessary evaluation of the premises where Navlakha will be kept and directed them to shift him within 48 hours. Read more
Live Thread: #SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest
10/11/2022
By Bar & Bench – Live Threads
#SupremeCourt continues hearing plea by Gautam Navlalha seeking house arrest.
ASG SV Raju: There’s a twist in the tale. We have reason to believe that the medical report is tainted. The doctor at Jaslok hospital is his sister’s husband. Adv: That was never a secret.
ASG: That doctor has a senior position. Please see the medical report. We are investigating. Justice Roy: You are trying to make an argument of prejudice, his was one of many specialists’ opinions. If one of them is related will it make the report biased? Please be responsible with your arguments. … SC: you can deposit 2,40,000 and then have it refunded if you are acquitted.
Sibal: But my lords, that deposit will then keep increasing.
But we will deposit. … Order: We would this think that he should be allowed to be placed for house arrest for a period of one month.
Gautam Navlakha gets Supreme Court relief, to be shifted to house arrest
10/11/2022
The Indian Express / by Express Web Desk
Earlier, the NIA opposed Gautam Navlakha’s plea to be shifted to house arrest, claiming that he is “in touch with Kashmiri extremists” and Pakistani intelligence agency “ISI”.
The Supreme Court Thursday allowed Bhima Koregaon violence case accused Gautam Navlakha to be shifted to house arrest.
In its order, the bench noted, “We consider it appropriate to grant house arrest given his age. Still further, our attention is drawn to the multiple medical problems the petitioner is faced with, and that charges have not been framed in a trial that will not happen in the foreseeable future.” Read more
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). Read more
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). Read more
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.
…
The trade unionist and lawyer sits down with Manisha Pande in Mumbai.
Sudha Bharadwaj loves mathematics, wonders whether she gave her daughter the “right” kind of childhood, and became a lawyer when she was 40 years old.
“Had I not become a lawyer,” she says, “I don’t think I would have been very easily accepted as a leader.”
Sudha was released from Mumbai’s Byculla Jail in December last year after spending three years in prison. She was arrested in connection with the #BhimaKoregaon violence and was repeatedly denied bail until December 1. She was also dubber an ‘urban naxal’ by TV channels that made little attempt to understand her work. Sudha says she now wants to go to her real home, to Chhattisgarh, where she’s lived since the 1980s.
In this interview, she talks about her childhood in Bilaspur and her educational journey, culminating in IIT Kanpur. Her mother, a #JNU professor, helped shape the ideology of this self-proclaimed #Marxist – though she confesses her mother had many “apprehensions” – who began working with trade unions at the age of 25.
Working with people on the ground, Sudha is only too aware of how “alien” the judicial process is to the majority of India’s population. “The notification comes out in the gazette. You are somewhere, miles away in a village which is not even accessible, and nobody even tells you about it,” she says. She also thinks it’s important for young lawyers to cut their teeth by representing the most marginalised.
In Byculla jail, where she remembers she once saw #RheaChakraborty, Sudha continued her work, trying to secure legal aid for those imprisoned with her. She believes in the importance of a “united front” – the farm law protests are an example, with people holding differing ideologies coming together – and worries that the lack of this unity gives rise to dogma. Watch 13 min video clip here
by newslaundry (Oct 21, 2022):
‘He was never an opportunist in his politics.’ @Sudhabharadwaj talks about labour law leader and founder of the #Chhattisgarh Mukti Morcha Shankar Guha Niyogi and the actual movement that led to his assassination. Watch video clip (3:46min)
by newslaundry (Oct 20, 2022):
In conversation with @MnshaP @Sudhabharadwaj details the #Sarkeguda encounter case in #Chhattisgarh’s Bijapur district in which unarmed villagers including minors were killed, and the legal battle that ensued. Watch video clip (4:30min)
by newslaundry (Oct 19, 2022):
‘So much money goes to defend the state.’ Speaking with @MnshaP, @Sudhabharadwaj
talks about legal aid in India and how there is no level playing field for citizens. Watch video clip (2:34min)
