Tag Archives: India

Jammu & Kashmir/India: Activist Talib Hussain granted bail in rape case

October 13, 2018

Hussain was arrested from Kashmir’s Tral area on July 31, less than two hours after a relative of his estranged wife had accused him of rape.

More than two months after he was arrested on rape charges, activist Talib Hussain, who led a campaign seeking justice for an eight-year-old girl who was gang raped and murdered in Kathua district in January, was granted interim bail by a Samba court Friday. Hussain was arrested from Kashmir’s Tral area on July 31, less than two hours after a relative of his estranged wife had accused him of rape. In her complaint, the victim alleged that she was raped by the activist a month-and-a-half ago in Chadwa forest.

Earlier, Hussain’s wife had filed a complaint on charges of domestic violence and attempt to murder against him. However, a high court bench in Srinagar had stayed proceedings in the FIR.

According to official sources, a police team from Samba had visited Tral police station on July 31 and sought assistance to apprehend Hussain in connection with the FIR on domestic violence charges. The police team at that time did not possess a copy of the FIR on rape charges against the activist, they said. The sources said the Samba police deposited a copy of the FIR charging Hussain of domestic violence, though it had already been stayed by the HC.

Samba District and Sessions court granted the bail subject to furnishing a surety bond and personal bond of Rs 5 lakh each.

J&K: Activist Talib Hussain granted bail in rape case

https://www.newsclick.in/kathua-rape-witness-talib-hussain-granted-bail

https://greaterkashmir.com/news/kashmir/talib-hussain-granted-bail/299575.html

https://www.newsclick.in/kathua-rape-witness-threatened-be-killed-custody

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India: Arrested Advocate Surendra Gadling Says Police Framing Him on Alleged Maoist Links

October 11, 2018

Gadling said the invocation of the Unlawful Activities (Prevention) Act (UAPA) against him and other accused for making “rebellious” speeches was a “misuse” of the law.

Arrested Advocate Surendra Gadling Says Police Framing Him on Alleged Maoist Links

Surendra Gadling, who was arrested in June for alleged Maoist links, told a court here on Wednesday that police wanted to take “revenge” on him as he was arguing several cases against them in his capacity as a lawyer.

Arguing for himself on his bail application, Gadling told session judge K.D. Vadhane that he was innocent and should be released.

“Since I have been fighting several cases, including [those under the acts such as] TADA, MCOCA, UAPA, those related to fake encounters by police and also fighting on behalf of tribals, Dalits and minorities in the courts, the police are taking revenge by implicating me in a false case,” he alleged.

Police wanted to settle scores against him as he was successful in almost 99% of cases the cases he took up, Gadling said.

Also read: Activists Arrest Case: Court Seeks Police Reply on Bail Applications

Referring to invocation of the Unlawful Activities (Prevention) Act (UAPA) against him and other accused for making “rebellious” speeches, the lawyer said it was a “misuse” of the law.

“According to the constitution, making rebellious speeches is not an act against the sovereignty of the country and does not pose threat to the security of the nation nor does it amount to an act of terrorism,” he said.

https://www.thewire.in/law/arrested-advocate-surendra-gadling-says-police-framing-him-on-alleged-maoist-links

https://www.hindustantimes.com/pune-news/activists-arrest-police-taking-revenge-as-i-fought-cases-of-terror-charges-says-gadling-in-pune-court/story-wXKvyICYBPe8Krms1sE5II.html

https://timesofindia.indiatimes.com/city/pune/dissenting-judges-tainted-probe-view-must-be-considered-gadling/articleshow/66155162.cms

http://www.asianage.com/metros/mumbai/111018/gadling-jailed-as-i-fought-for-tribals-rights.html

https://www.telegraphindia.com/opinion/india-s-parallel-penal-system/cid/1671578#.W7_32NQOJ6M.facebook

https://www.indiatoday.in/india/story/bhima-koregaon-surendra-gadling-1366660-2018-10-12

https://en.wikipedia.org/wiki/Surendra_Gadling

https://www.newsstate.com/india-news/bhima-koregaon-case-surendra-gadling-and-shoma-sen-bail-applications-adjourned-by-pune-court-article-64655.html (HINDI)

India: Cop attack on lawyers: NHRC wants ATR from Govt

October 10, 2018

Daily Pioneer

The National Human Rights Commission (NHRC) has sought an action-taken report (ATR) from the State’s Chief Secretary and DGP over the brutal attack by police personnel on a lawyer under the Chauliaganj police station of Cuttack and another lawyer at the Baleswar railway station.

Acting on a petition filed by Supreme Court lawyer and rights activist RadhakantaTripathy, the NHRC has asked for response from the State authorities within four weeks.

On August 28, lawyer Debi Prasanna Pattnaik was allegedly beaten up by police personnel in public view at Shastri Nagar in Nuabazar area of Cuttack.

On September 13, 2018, another lawyer SubhrakantSatpathy was at the Baleswar railway station at 11.30 pm to see off his relative and when he tried to oppose the brutality of cops against an old man, he was attacked by police.

While Pattnaik was attacked by a few police officials following a verbal duel near Nua Bazaar bridge the lawyer, who had sustained critical injuries in the attack, was later admitted to the SCB Medical College Hospital for treatment.

Meanwhile, the High Court Bar Association resorted to a cease-work agitation as a mark of protest. Judicial work in all the courts in Cuttack including the High Court has remained paralysed due to the cease-work strike being observed by the lawyers.

At this critical juncture the State Home and Law Department are unable to solve the situation. The inaction and failure of the State to address the issue has led to the gross violation of basic human rights of the injured lawyers and the litigants including those in the prisons, Tripathy alleged.

https://www.dailypioneer.com/2018/state-editions/cop-attack-on-lawyers–nhrc-wants-atr-from-govt.html

http://www.newindianexpress.com/states/odisha/2018/oct/10/nhrc-seeks-report-from-odisha-on-lawyer-assault-cases-1883546.html

https://odishatv.in/odisha/police-lawyer-spat-lawyers-strike-aggravates-crisis-in-judicial-services-325894

http://www.orissapost.com/attacks-on-lawyers-nhrc-seeks-atr-from-dgp-cs/

India: Lawyers on Strike: Law unto Themselves

October 6, 2018

Lawyers on Strike: Law unto Themselves

Despite court strictures, lawyers in several parts of the country continue to strike work, crippling litigation, causing massive revenue loss and creating a rift between the Bar and the Bench

February 2018: The Calcutta High Court witnessed the longest ever cease work protest in its history with around 11,000 lawyers boycotting work for 71 days.

May 2018: Lawyers of the Rajasthan High Court organised a month-long strike during which they boycotted work, led silent marches and blocked roads in the court premises.

August 2018: Lawyers in Ghaziabad organised a 22-day-long relay hunger strike during which they boycotted courts and got into a scuffle with the police.

September 2018: Odisha dominated news headlines as lawyers engaged in violent acts during a cease work protest which has continued for 34 days despite the Supreme Court directing them to resume work.

More than 150 days have already been lost this year in various courts across the country due to strikes and boycotts by lawyers, causing massive loss of revenue and great inconvenience to litigants. The statistics for previous years are no better. According to the 266th report of the Law Commission of India, between 2011 and 2016, 18 courts in Uttar Pradesh, Tamil Nadu, Uttarakhand and Rajasthan were on strike for an average of around 110 days per year, with several at more than 135 days a year, and one—Muzaffarnagar—at an average of 158 days.

The increasing frequency with which lawyers resort to strikes and boycotts begs the question as to why they indulge in acts which even courts have stated are illegal. As per the Law Commission report, the reasons for lawyers’ strikes and abstention protests organised during the period 2011-16 were hardly justifiable. They included religious occasions such as shraadh, heavy rains, interstate river disputes, earthquake in Nepal, bomb blast in a Pakistan school and even a kavi sammelan. But not all reasons can be considered whimsical or patently untenable. On several occasions, lawyers have taken the recourse of strikes and boycotts as a means to voice their grievances and seek remedial action. Violence against lawyers, especially by the police, demands for greater pecuniary jurisdiction and more circuit benches, outrage against judicial vacancies and expensive court fees are some of the grievances most commonly taken up by lawyers.

This raises a very pertinent question: do lawyers even have a right to call for strike?

http://www.indialegallive.com/cover-story-articles/focus/lawyers-strike-law-unto-55295

https://nation.com.pk/07-Oct-2018/lawyers-strike-enters-second-day

https://timesofindia.indiatimes.com/india/bar-demands-lifting-ban-on-lawyers-strike-but-cji-unimpressed/articleshow/66099343.cms

Strike by lawyers: Demand to lift ban fails to find favour with CJI

https://nation.com.pk/07-Oct-2018/lawyers-strike-enters-second-day

https://www.urdupoint.com/en/pakistan/lawyers-observe-token-strike-of-lahore-high-c-443736.html

India: Bhima Koregaon case: Do not criminalise human rights defenders, UN experts urge India

October 5, 2018

They said they were concerned the terrorism charges were being used to silence people who work to protect the rights of Dalit, tribal and indigenous groups.

Bhima Koregaon case: Do not criminalise human rights defenders, UN experts urge India

Human rights experts from the United Nations on Friday expressed concern about the arrests of activists in the Bhima Koregaon case, and urged India to ensure that their cases are “promptly heard in line with international law”.

Ten activists have been arrested since June under the Unlawful Activities Prevention Act. Five of them are in prison, four under house arrest, and one has been released since.

The human rights experts said the vague definition of “unlawful activities” and “membership of terrorist organisations” in the law “confers discretionary powers upon state agencies, which weakens judicial oversight and diminishes civil liberties in the process”.

The Pune Police had arrested activists Shoma Sen, Surendra Gadling, Mahesh Raut, Rona Wilson and Sudhir Dhawale on June 6 as part of their investigation into violence during an event in Bhima Koregaon near Pune on January 1. On August 28, they arrested Sudha Bharadwaj, Gautam Navlakha, Vernon Gonsalves, Arun Ferreira and Varavara Rao.

On October 1, the Delhi High Court said Navlakha’s detention was untenable by law and ended his house arrest, but the Maharashtra government has now challenged it in the Supreme Court.

“We are concerned that terrorism charges brought in connection with the commemoration of Bhima-Koregaon are being used to silence human rights defenders who promote and protect the rights of India’s Dalit, indigenous, and tribal communities,” a statement by the UN experts said.

https://scroll.in/latest/897152/bhima-koregaon-case-do-not-criminalise-human-rights-defenders-un-experts-urge-india

http://www.scoop.co.nz/stories/WO1810/S00037/india-terrorism-charges-are-pretext-to-silence-human-rights.htm

https://timesofindia.indiatimes.com/city/pune/arun-ferreira-vernon-gonsalves-file-bail-pleas-in-pune-court/articleshow/66093187.cms

https://www.oneindia.com/india/bhima-koregaon-case-bail-application-filed-activist-arun-ferreira-in-pune-2788522.html

http://zeenews.india.com/india/bhima-koregaon-case-bail-application-filed-for-activist-arun-ferreira-in-pune-sessions-court-2146151.html

https://www.thehindu.com/news/cities/mumbai/activists-welcome-sc-verdict-say-arrests-diversionary-tactic/article25100171.ece

https://www.thenewsminute.com/article/bhima-koregaon-case-sc-not-interfere-arrest-5-activists-declines-sit-probe-89139

http://zeenews.india.com/india/bhima-koregaon-case-bail-applications-for-surendra-gadling-shoma-sen-to-be-heard-on-oct-10-2146366.html

https://en.wikipedia.org/wiki/Arun_Ferreira

https://secure.avaaz.org/en/petition/Chief_Minister_Release_activists_arrested_in_connection_with_Elgaar_Parishad_NOW/edit (SIGN THE PETITION!)

https://www.newsstate.com/india-news/bhima-koregaon-case-surendra-gadling-and-shoma-sen-bail-applications-adjourned-by-pune-court-article-64655.html (HINDI)

https://teles-relay.com/inde-le-gouvernement-du-maharashtra-engage-le-sc-contre-lordonnance-du-hc-mettant-fin-a-la-detention-a-domicile-du-militant-navlakha-inde-nouvelles/ (FRANCAIS)

https://www.lahaine.org/mm_ss_mundo.php/y-idonde-esta-la-izquierda (ESPANOL)

https://www.agenzianova.com/a/0/2111584/2018-10-03/india-operazione-anti-naxaliti-liberato-uno-dei-cinque-attivisti-arrestati-2 (ITALIANO)

India: Sabarimala Verdict: This Lawyer Received Death Threats For 2 Years Over Supreme Court Petition

September 29, 2018

Naushad Ahmad Khan, president of the Indian Young Lawyers’ Association, hails the Supreme Court’s verdict, and says he wants to live in peace.

Lawyer Naushad Khan.

On 13 January 2016, a woman phoned Naushad Ahmad Khan in the morning, demanding to know why he had filed a petition against the ban on women entering Kerala’s Sabarimala temple. She wouldn’t say who she was or where she was calling from, but she was convinced that Khan had orchestrated the filing of the petition and that he was deliberately trying to hurt people’s religious feelings. Khan tried to reason with her but she would have none of it. The call ended with the woman telling Khan that he didn’t do the right thing.

Khan didn’t worry too much about the conversation until a video clip from the same number arrived in his WhatsApp inbox. The seconds-long clip had his photo, phone number and location. “It ended with a message saying, ‘this man is responsible for the Sabarimala case and we should teach him a lesson’,” Khan told HuffPost India.

Khan was taken aback momentarily, but couldn’t really understand what it meant. The petition in question had been filed in 2006 by the women’s cell of his organisation Indian Young Lawyers’ Association, who were being represented by advocate Ravi Prakash Gupta. Ten years later, the court had listed it for hearing the day before the woman called. Khan wasn’t even present at the hearing.

A few minutes after the video clip landed, Khan’s phone started ringing. He picked up the first call. It was a man, asking rudely why he had filed the petition and telling him what a big mistake he had made. “While I was speaking to the person, the phone started beeping for waiting calls,” he said.

Khan’s associate, who was present in his Delhi High Court chambers where HuffPost Indiamet him on Friday, chipped in. “There were roughly ten calls waiting while he was speaking to one person.”

That was the beginning of a saga of stalking, cyber-attacks and death threats that went on for two years, said Khan.

https://www.huffingtonpost.in/2018/09/28/sabarimala-temple-verdict-this-lawyer-received-death-threats-for-two-years-over-sc-petition_a_23544701/?utm_hp_ref=in-homepage&ncid=fcbklnkinhpmg00000001

https://www.indiatoday.in/mail-today/story/delhi-based-lawyers-face-hate-tirade-over-sabarimala-temple-303701-2016-01-14

https://contactohoy.com.mx/el-tribunal-supremo-lleva-la-igualdad-y-los-derechos-a-la-india-del-siglo-xxi/ (ESPANOL)

India: State Vs Activists: Top Court To Decide Today On House Arrest

September 28, 2018

State vs Activists: Top Court To Decide Today On House Arrest

Today, the Top Court is likely to pronounce, its verdict on a plea by historian Romila Thapar. The plea seeks the immediate release of five rights activists in connection with the Koregaon-Bhima violence case and an SIT probe into their arrest.

Chief Justice Dipak Misra-led bench had reserved the judgment on September 20 after counsel for both parties, including senior advocates Abhishek Manu Singhvi, Harish Salve and Additional Solicitor General Tushar Mehta, concluded their submissions.

Justices A M Khaniwlkar and D Y Chandrachud,are also the part of the decision making bench and had asked the Maharashtra police to file their case diary pertaining to the ongoing investigation in the case.

Varavara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj and Gautam Navlakha, are the the five activists, under arrest at their respective homes since August 29.

Also Read: Activist Who Accussed UP’s Chief Minister, Gets Arrested On Rape Charge

Ms Thapar, economists Prabhat Patnaik and Devaki Jain, sociology professor Satish Deshpande and human rights lawyer Maja Daruwala’s pleas is seeking an independent probe into the arrests and the immediate release of the activists.

The arrested of the five activist was made on August 28 by the Maharashtra police in connection with an FIR lodged following a conclave — ‘Elgaar Parishad’ — held on December 31 last year that had later triggered violence at Koregaon-Bhima village in the state.

On September 19, the Supreme Court said that it would look into the case with a “hawk’s eye” as “liberty cannot be sacrificed at the altar of conjectures”.

http://dailyaddaa.com/Read/top-court-to-decide-today-on-house-arrest-in-state-vs-activists-54782.html

https://timesofindia.indiatimes.com/india/bhima-koregaon-case-sc-likely-to-deliver-tomorrow-its-verdict-on-arrest-of-5-activists/articleshow/65984774.cms

https://www.thehindu.com/news/national/sc-to-decide-on-arrest-of-five-activists-in-bhima-koregaon-case/article25062417.ece

https://economictimes.indiatimes.com/news/politics-and-nation/sc-to-rule-on-fate-of-arrested-activists-seeking-independent-probe-into-maoist-links/articleshow/65986197.cms

https://www.thehindu.com/news/cities/mumbai/gadling-sens-bail-pleas-to-be-heard-after-sc-verdict/article25062819.ece

Supreme Court verdict on activists’ arrest LIVE updates: SC declines demand for SIT probe, house arrest to continue for 4 weeks

https://www.livelaw.in/breaking-not-a-case-of-arrest-for-dissent-sc-turns-down-plea-for-sit-in-bhima-koregaon-case/

https://en.wikipedia.org/wiki/Arun_Ferreira

https://www.lokmatnews.in/india/bhima-koregaon-case-supreme-court-verdict-arrest-5-activists-varavara-rao-arun-ferreira-vernon/ (HINDI)

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