Human Rights Defenders Data Information Knowledge Solidarity

HRDs must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues . Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document case law as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State have been using. This is a contributory effort..
‘Release Political Prisoners’: The Quint Reads Umar Khalid’s Letter From Tihar Jail https://www.youtube.com/watch?v=JrYTpeGjfNg
On Anxiety, Family And Bail: Umar Khalid Writes From Tihar Jail https://www.thequint.com/news/india/umar-khalid-letter-from-tihar-jail-covid-natasha-narwal-bail
Speaking about the harshness of the anti-terror law, he says, “As a law, the UAPA makes a mockery of the Supreme Court’s observation that bail is the rule and jail an exception. For all effective purposes, the UAPA turns this principle on its head by requiring an accused person to prove their innocence and thereby proceeding on a presumption of guilt, even in order to grant bail. That too, without the benefit of a trial.
He goes on to talk about how 16 of those arrested under the conspiracy FIR 59 over the NE Delhi violence have got no chance to prove their innocence since the last 14 months. The trial has not begun and the “pandemic will only further delay the proceedings”.
क्या अदालतें ख़ुद को अपनी ही लगाई ग़ैर ज़रूरी बंदिशों से आज़ाद कर पाएंगी By अपूर्वानंद on 29/05/2021 http://thewirehindi.com/171223/india-political-prisoners-courts-police-governments/
The law says that the accused cannot be granted bail if there is a valid or sound reason or basis for which it can be said that in the first view, the charges against him are true.
But in the case of Zahoor Ali Shah Vatali, the Supreme Court made a peculiar interpretation of it. He said that the court will believe that the police documents are correct. Not only this, she cannot even investigate whether they are worthy of confession as evidence or not. They have to believe that they are fit.... In this way, the Supreme Court itself in a way indicated to the investigating agencies and the government that it can destroy its opponent in jail under this law without any solid basis.
With the help of this order of the Supreme Court or on the basis of this, 16 and 22 people have been given more than 3 years and more than 1 year in the name of investigation in the Bhima Koregaon case and the violence in Delhi.
Comment: Even the arsenal Report which showed that evidence used to show conspiracy, was planted in the computers of accused did not seem to shake the court..
Bhima Koregaon; evidence was planted in Rona Wilson’s laptop: Report https://maktoobmedia.com/2021/02/10/bhima-koregaon-evidence-was-planted-in-rona-wilsons-laptop-report/ Maktoob Staff
https://www.rediff.com/news/special/bhima-koregaon-hope-and-despair-for-accused/20210212.htm
How Governments Avoid Due Process by Declaring Groups as 'Front Organisations' of Banned Entities 15/Sep/2020
on February 18, 2014, Congress leader and the then minister of state in the Ministry of Home Affairs R.P.N. Singh said, “The CPI (Maoist) underground cadres shift to softer areas including urban areas looking for safe hideouts. On such occasions, the overground front organisations provide safe hideouts to armed cadres.”
Along with this response, Singh also annexed a list of 74 organisations which he said were active as “frontal organisations” in 16 states. From Maharashtra, among seven others, the Kabir Kala Manch (KKM) was named as one such front of the banned CPI (Maoist).
Alarmingly, neither Singh’s response, nor for that matter the Unlawful Activities (Prevention) Activities (UAPA) Act – under which organisations are banned or branded – defines what a “front organisation” is, or what makes an organisation a “front” of a banned unlawful or terrorist group.
Legal experts say loopholes in UAPA allow enforcement agencies to misuse the law to target dissenters by branding them as 'fronts' for banned organisations
- Amnesty ?
- Modi Is Worsening the Suffering from India’s Pandemic
- Increasing Use of UAPA by Indian Government
- Family Members of accused in the Elgar Parishad case
- Andhra Arrests MP For Sedition After He Says 'Cancel Chief Minister's Bail'
- National Security Act NSA
- UAPA
- Ilina Sen on Sedition Law
- The Book: The Incarcerations - Bhima Koregaon and the the Search for Democracy in India by Alpa Shah
- Trial without trial
Subcategories
BAIL
For UAPA articles under