Supreme Court adjourns hearing on the dispute over Gautam Navlakha’s place of house arrest by eight weeks
01/09/2023
The Leaflet / by Sarah Thanawala
The Bench comprising Justices M.M. Sundresh and J.B. Pardiwala expressed “reservations” over the grant of house arrest to Navlakha by the predecessor Bench.
Today, the Supreme Court directed the National Investigation Agency (NIA) to file a counter-affidavit on Gautam Navlakha’s plea to change the location of his house arrest.
A division Bench comprising Justices M.M. Sundresh and J.B. Pardiwala adjourned the hearing for eight weeks. Read more
Supreme Court Doubts Earlier Order Allowing House Arrest For Bhima Koregaon Accused Gautam Navlakha
01/09/2023
Live Law / by Awstika Das
The Supreme Court on Friday doubted its November 2022 order allowing human rights activist and Bhima Koregaon-accused Gautam Navlakha to be released from detention and placed under house arrest on grounds of his deteriorating health. Such an order, the court orally observed, might set the ‘wrong precedent’. Read more
Video: SC Doubts Earlier Order Allowing House Arrest For Gautam Navlakha
Supreme Court expresses reservations over earlier order to allow plea by Gautam Navlakha for house arrest
01/09/2023
Bar & Bench / by Abhimanyu Hazarika
A bench of Justices MM Sundresh and JB Pardiwala orally observed that the order in question did not deal with the merits of the overall case and proceedings against the activist.
The Supreme Court on Friday orally remarked that it may have reservations over its earlier decision to allow the plea filed by Bhima Koregaon violence accused Gautam Navlakha to shift him from jail and place him under house arrest [Gautam Navlakha vs National Investigation Agency and anr]. Read more
Arun Ferreira and Vernon Gonsalves were released after 5 years in jail!
Join our discussion on their bail order and to understand its implications! How can we advocate for the release of all political prisoners arrested under UAPA?
Discussing the Supreme Court’s decision in granting bail to activists Vernon Gonsalves and Arun Ferriera accused in connection with the Elgaar Parishad case, members from People’s Union for Civil Liberties said the bail order has significant implications for bail jurisprudence under the Unlawful Activities (Prevention) Act, UAPA, in the framework of criminal law.
The members highlighted the top court’s bail-granting powers under the UAPA, which flows from the Zahood Ahmad Watali judgment. Read more
en | 1h 42min | 2022
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)
Remembering Father Stan and demand justice for the BK-16!
05/07/2023
By People’s Union for Civil Liberties (PUCL) / fb Videos
Announcement
Join us to remember Father Stan Swamy, and demand justice for his institutional murder.
We will have family members and friends of the accused in the Bhima Koregaon case, speak about the experience of the prison conditions and this unjust prolonged arrest.
We will also be joined by political leaders, international human rights organisations and lawyers, to help take the campaign forward to defend democracy! Repeal UAPA!
Release all political prisoners!
The tributes to Father Stan by his associates and his co-accused (which were read out) provided a clue to why his death continues to touch so many.
“We don’t want this to be forgotten or forgiven.” — senior advocate Mihir Desai.
“Do not forget, do not forgive.” This theme ran through the Zoom meeting organised by the National Campaign to Defend Democracy, a coalition of human rights groups, on the second anniversary of Father Stan Swamy’s death. Read more
Ashirvad and PUCL Karnataka – Remembering Father Stan Swamy
Friends,
Join us in remembering the 16 human rights activists who are still charged in the Bhima Koregaon case – many of whom have now spent more than 5 years in jail!
Let us remember
– the quiet dignity of Fr Stan Swamy, even as he lost his life in jail, incarcerated under false charges;
– the mounting injustice of Surendra Gadling, Shoma Sen, Sudhir Dhawale, Rona Wilson, Mahesh Raut, Arun Ferreira and Vernon Gonsalves spending 5 years in jail,
– the trials and tribulations of the young Jyoti Jagtap, Ramesh Gaichor and Sagar Gorkhe of KKM, and Prof Hany Babu, arrested later
– and Sudha Bharadwaj, Varvara Rao, Anand Teltumbde and Gautam Navlakha, who are on bail, but still not free
Surendra Gadling, along with 15 other activists and academics, has been charged under the Unlawful Activities (Prevention) Act. Gadling has been in custody since June 2018 and is lodged at Taloja Central Prison in Mumbai.
On Monday, a National Investigation Agency (NIA) court of special judge Rajesh Kataria heard an application filed by human rights lawyer and Dalit rights activist Surendra Gadling regarding a plea for the NIA to comply with Section 207 (supply to the accused of copy of police report and other documents) of the Code of Criminal Procedure (CrPC). Read more
● Video: The Second Song of Surendra Galding (Adv-Surendra-Gadling-Defence-Committee / lyrics by Sagar Gorkhe) hindi | 8:43min | June 6, 2023
Five years back this day they took him away hoping to break his spirit.
1825 days so far behind bars and see who won?
During the short release he sang his heart.
Caged yet fearless.
U can jail him not his charisma.
This is the second of the songs. Watch video / Listen to the song
● Video: The Prison Song of Surendra Gadling (The Wire / lyrics by Ramesh Gaychor) hindi | 11min | 2021
51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent. Watch video / Listen to the song
Invitation to Stan Jayanti Day at Bagaicha (April 26)
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.
