UAPA

 

https://theshillongtimes.com/2021/07/06/a-prophet-is-a-threat-to-the-powerful/  Walter Fernandes Shillong Times

During the four decades I have worked with him I have seen him sticking his neck out on behalf of people in the periphery. He was in the middle of the struggle of bonded agricultural labourers in Bangalore in the mid-1970s. In 1978 and many times after it we saw him joining the Dalits at Villupuram and Tanjore and elsewhere demanding their right to be human. In many of these cases the fight was within the church and many of its leaders thought that he was a divisive influence in the Church. But Stan’s struggle was for justice to the poor and for an inclusive India in which all people are equal. So he was often disliked even in the Church. But many others supported the causes he took up even when they disagreed with him on details. In all these instances Stan insisted on non-violence when many victims of injustice were demanding a violent reaction. Such a person is accused of being a Naxalite.
During most of these four decades his priority was the rights of the tribal communities of Jharkhand and its neighbouring States. The corporate sector wanted their land and the tribals as cheap bonded labour. 

He went to the high court seeking the freedom of more than 3,000 tribal young persons of Jharkhand who are jailed because they demanded the rights that are theirs under various laws such as the Prevention of Tribal Land Alienation Act, and the Panchayat Extension to the Scheduled Areas Act. These laws are made and not implemented and Stan demanded that the young persons who demand their implementation be freed and that their voice be heard.

He was arrested a few days before this case came up for hearing in the high court.

Stan Swamy has laid down his life for the cause of the tribal communities struggling for their rights. Let this sacrifice of Stan and others paying the price in jail not go in vain.

The Whole Story: Father Stan Swamy- https://www.youtube.com/watch?v=Yva7GxYLVx0 - 06 July, 2021  

esuit priest and tribal rights activist Stan Swamy passed away on Monday afternoon, two days after he was placed on ventilator support in Mumbai’s Holy Family Hospital.

Incidentally, the Bombay High Court was urgently hearing his bail petition due to his deteriorating health when it was announced that he passed away at 1:30pm.

In Oct 2020, Stan Swamy was accused and arrested in the Elgar Parishad case by the National Investigation Agency (NIA) from his residence in Ranchi. Other accused include Varavara Rao and Sudha Bharadwaj

Stan Swamy dead: NIA didn’t seek custody but kept him behind bars, opposed his plea https://indianexpress.com/article/india/father-stan-swamy-dead-elgar-parishad-case-nia-probe-7390722/ Founder of Bagaicha, a Ranchi-based organisation that works for advisasis and moolvasis, Swamy said he was targetted for protesting against the illegal detention of youngsters accused of being Maoists. October 22: Within a week of his arrest, when Swamy sought interim bail on the ground that he is susceptible to the Covid-19 infection given his age and comorbidities, including a heart condition and Parkinson’s disease, the NIA said the 83-year-old was taking “undue benefit” of the pandemic and that the pleading about his medical condition was “merely a ruse” to obtain interim relief. As ‘evidence’ of his alleged association with the CPI (Maoist), the NIA told the court there were emails exchanged between Swamy and the other co-accused Stan said he has never visited Bhima Koregaon and the documents claimed to have been found on his laptop were in a format which can be “easily manipulated and planted on an insecure digital device”. Even before his arrest, Swamy had questioned the authenticity of the documents when confronted with them, saying that they did not show details of the sender and receiver, and had no date or signature, and thus could be easily planted. The NIA claimed that in 2019, he had attended a meeting in Kolkata organised to protest against the arrest of human rights activists in the Elgar Parishad case.

Allegations Not Prima Facie Correct, Long Pre-Trial Custody' : Supreme Court Grants Bail To UAPA Accused In Case Over PFI-Links  https://www.livelaw.in/supreme-court/allegations-not-prima-facie-correct-long-pre-trial-custody-supreme-court-grants-bail-to-uapa-accused-in-case-over-pfi-links-278672 Yash Mittal 18 Dec 2024 

 https://www.thehindu.com/news/national/courts-should-not-hesitate-to-grant-bail-under-uapa-in-deserving-cases-supreme-court/article68522270.ece  https://timesofindia.indiatimes.com/india/bail-rule-jail-exception-even-in-special-law-like-uapa-supreme-court/articleshow/112504869.cms In an important ruling, Supreme Court Tuesday held that the conventional idea ‘bail is the rule, jail is an exception’ should be applicable not only to IPC offences but also to others for which special statutes like Unlawful Activities (Prevention) Act have been enacted if the conditions prescribed under that law are fulfilled.
While granting bail to a former constable of Bihar Police who was charged under the stringent UAPA because of his alleged association with the outlawed Islamist outfit Popular Front of India (PFI), a bench of Justices Abhay S Oka and Augustine George Masih emphasised that courts should not hesitate in granting bail in serious offences if a case is made out for bail.

Supreme Court cancels bail granted to 8 ‘PFI members’ in UAPA case https://indianexpress.com/article/india/pfi-nia-uapa-case-supreme-court-9345006/ May 24, 2024  Booked by the National Investigation Agency, the eight alleged members of the banned Popular Front of India were granted bail by the Madras High Court on October 19, 2023. 

Supreme Court Adjourns Hearing Citing Paucity Of Time  https://www.livelaw.in/top-stories/supreme-court-umar-khalid-delhi-riots-larger-conspiracy-bail-239980 Sheryl  Sebastian 12 Oct 2023 Umar Khalid Bail : "Can Demonstrate In 20 Mins That There's No Case", Sibal Says; Supreme Court Adjourns Hearing Citing Paucity Of Time

On the last occasion, the bench, while deferring the hearing, granted leave and asked Senior Advocate Kapil Sibal to point out whether the ingredients of the offences under Chapters IV and VI of the UAPA could be discerned, with reference to the evidence on record. The court said that it would have to examine each document in order to assess whether the charges levelled against the terror accused were sustainable.