On Friday, a Nagpur Division Bench of the Bombay High Court acquitted Professor GN Saibaba in connection with a case of his alleged links to Maoists. According to PTI, the court ordered his immediate release.

The news agency reported that a division bench of Justice Rohit Deo and Anil Pansare allowed the appeal filed by the wheelchair bound professor challenging a 2017 trial court order that convicted him and sentenced him to life imprisonment.

The court also allowed the appeals of five other convicts, and acquitted them. These are – Pandu Pora Narote, Hem Keshwdatta Mishra, Prashant Rahi Mahesh Tirki and Vijay Nan Tirki (both Adivasis). However, this news came too late for Narote, who died in August this year.

SabrangIndia has been reporting on the struggles of GN Saibaba who has been incarcerated at the Nagpur Central Jail.

In the 101-page order, the division bench dealt at length on the issue of the conditions and grounds for mandatory sanction under the UAPA. The Judges held that the Police did not take the approval of the independent authorities for the sanction, which here is Director, Prosecution in Maharashtra. By deciding to acquit not discharge the accused, there is little likelihood that another trial of the same accused on the same facts of this case (the principle of double jeopardy), can take place. However, this does not mean that the prosecution will not attempt an appeal on the grounds that the acquittal was on technical grounds, not merits.

Lawyers for the defence were Nihalsing Rathod, Pradeep Mandhyan, Barunkumar, HP Lingayat and Subodh Dharmadhikari. For the state, were Siddharth Dave, special public prosecutor and H.S. Chitale, assistant public prosecutor.

Brief background of the case

The Sessions Court at Gadchiroli on May 7, 2017 sentenced Prof. Saibaba to life imprisonment under the Unlawful Prevention (Activities) Act (UAPA), for alleged links with banned organisation Communist Party of India (Maoist). He had appealed against the Judgment of the Sessions Court before the Nagpur Bench of Bombay High Court, but his appeal has been pending for the last five years.

Dr. Saibaba, who has been a long-time defender of the rights of India’s minorities, especially Dalits, Adivasis and forest dwelling communities, against vested corporate interests, was first arrested in in May 2014, and eventually sentenced to life imprisonment in March 2017, for “waging war against the state”.

GN Saibaba, a human rights defender

As an activist and rights defender, Dr. Saibaba has campaigned against a push to end reservations for lower castes, as well as against “encounter killings” of innocent people in Andhra Pradesh. He launched the Forum Against War on People, in response to the Indian government’s Operation Green Hunt in India’s tribal belt, which allegedly cracked down on Adivasis in the region.

He organised a national campaign against the operation that reportedly led to investors pulling out. In July 2015, he told The Hindu that the authorities felt “the best way to stop me was to throw me in jail.”

Prison administration’s apathy towards his deteriorating health

The appeals of his activist-wife Vasantha Kumari about his deteriorating health have been falling on deaf ears. Not only is the Delhi University professor 90 percent disabled, he suffers from ailments like hypertrophic cardiomyopathy, hypertension, paraplegia, kyphoscoliosis of the spine, anterior horn cell disease, acute pancreatitis and a cyst in the brain.

On May 21 this year, GN Saibaba went on hunger strike in jail fighting for his fundamental right to privacy, life, liberty and bodily integrity. The jail authorities installed a CCTV camera in front of his Anda Cell without providing any valid reason which records everything 24X7 including use of toilet, bathing, and all his bodily activities. The hunger strike led to a further deterioration in his already fragile health and he had to be hospitalised.

In fact, just two weeks before the hunger strike, it was reported that the Nagpur Jail authorities had been denying Prof GN Saibaba a plastic water bottle for three weeks in the peak of summer. The wheelchair bound professor had been finding it difficult to lift the small pot kept in his cell or even a glass bottle, and was reportedly unable to hydrate himself adequately amidst soaring temperatures due to this.

Related:

Dr. GN Saibaba hospitalised after his health deteriorates due to hunger strike
GN Saibaba to go on hunger strike to protest being placed under CCTV surveillance
Now, jail authorities deny GN Saibaba plastic water bottle!

The post Bombay HC acquits Professor GN Saibaba & five others in Maolist link case, says ‘national security’ not above due process appeared first on SabrangIndia.

Nearly nine years after communal riots rocked Dhule district in Maharashtra, a Sessions court has acquitted all 21 accused in the case. The case has been marred with pancha witnesses turning hostile, suspension of one of the policemen who was the complainant in the case, the demise of the investigating officer during trial, and lack of eye-witnesses in the case.

Additional Sessions Judge Aejaz H Sayyed observed that the prosecution was unable to present any evidence or witness to show how the police identified the accused and what role they played in the violence.

The 21 accused were charged with unlawful assembly, committing riot with deadly weapons, for, attempting to commit murder, dacoity, using criminal force, committing mischief by fire, voluntarily causing grievous hurt, and obstructing and voluntarily causing hurt to public servants from discharge of their duties, committing mischief by wrongful loss, disobeying the order of public servant, possessing deadly weapons and causing damage to public property.

Background

On January 6, in Maratha Khanawal near Machhi Bazar police chowki, a quarrel allegedly erupted between boys belonging to Hindu and Muslim community and they resorted to stone pelting at each other and also, the police that reached the spot. There was an assembly of over 3,000 persons from each community. The police first used tear gas shells and then resorted to firing as the crowd grew aggressive. Out of the crowd of thousands these 21 persons were identified as accused.

While more than 200 people, including policemen and members of the two communities were injured in the violence, six Muslim people died in the police firing, prompting Muslim leaders to allege that the police was prejudiced. The Hindu had reported earlier that houses of both Hindus and Muslims were gutted, and property was damaged. Members of the Muslim community have alleged that that the rioters indulged in arson and loot with the police support. The riot was sparked off by a brawl that started over the issue of paying a restaurant bill of Rs. 30.

A similar incident of riots had taken place in the area in 2008 which had taken a much uglier turn as the violence had then spread to nearby villages as well affecting most of Dhule district.

The Macchi Bazaar chowk, where the eatery was located, is an intersection where one one sinde Hindu families reside and on the other side, Muslim families reside. After the riots, residents were fearful and said that everything was fine until that day but after the 2013 riots they had to flee.

A fact finding report by Act Now for Harmony and Democracy (ANHAD), found that the violence was largely a result of the insensitive handling of a minor quarrel by the police. It was clear from the statements of both Hindus and Muslims that tension could have been diffused easily had police taken proper steps to diffuse the tension, which was building up. It did not intervene and told the people to settle the dispute by themselves.

The report also found that burning and looting of Muslim household and shops was done by the Hindu mobs in the present of the police personnel and killings were done by the police; while there was also video footage that showed police personnel burning Muslim houses and destroying their property. Further, no relief camps were set up for the riot affected families of either communities.

Court proceedings

The three witnesses said that they were made to sign on a paper but were unaware of the contents of the same.

“A bare perusal of testimony above stated three witnesses would indicate that these three panch witnesses have turned hostile. Prosecution has not examined any eye witness to the incident. Similarly, policemen were present on the spot, but they have not been examined, for the reasons best known to the prosecution,” said the court.

About the 21 persons identified as accused and their involvement in the incident, the court said, “Admittedly 3 to 4 thousand persons were involved in the matter. FIR was lodged against 21 known and 3 to 4 thousand unknown persons. There is nothing on record to show the actual involvement or complicity of present accused Nos. 1 to 21 in said incident of rioting. There is nothing on record how police established identity and what was their actual role in the entire episode.”

The complainant, Dipak Koli, who was suspended in some other case, was not examined by the prosecution either.

“There is no scintilla of evidence against the accused persons to hold them guilty of the offence with which they are charged,” the court observed. The court thus acquitted all 21 accused of all offences while canceling their bail bonds and directed them to execute Rs. 5,000 each with one surety each in terms of Sec.437A of the Code of Criminal Procedure.

The complete judgment may be read here:

Related:

Delhi: Students, activists detained for protesting Tripura violence
Tripura violence: Hate and communal polarisation
Gujarat: Citizens group may march to Raj Bhavan to protest “inaction by police”

The post Dhule court acquits 21 in 2013 riots case appeared first on SabrangIndia.

The Patna High Court on May 21, 2021 acquitted 13 persons, accused in the infamous Senari massacre case, due to lack of evidence against the group. The acquittals have disappointed villagers, whose family members were killed in the incident, reported The Hindustan.

In November 2016, the Jehanabad Court convicted and awarded death sentences to 10 accused persons and life imprisonment to another three persons accused of killing 34 persons on March 18, 1999 in central Bihar.

Even then, the district court acquitted 23 accused persons due to lack of evidence while four accused died. As of Friday, Justices Ashwani Kumar Singh and Arvind Srivastava acquitted even those 13 people citing “lack of evidence.”

The High Court said that the prosecution failed to provide convincing evidence against the accused. This means that despite a police report citing information provided by Chintamani Devi, the wife of a victim, the accused Bacchesh Singh, Buddhan Yadav, Butai Yadav, Satendra Das, Lallan Pasi, Dwarika Paswan, Kariban Paswan, Godai Paswan, Uma Paswan, Gopal Paswan, Arvind Yadav, Mungeshwar Yadav and Vinay Paswan were recently released from jail.

According to the newspaper Hindustan, the lower court had sent all records including the verdict and evidence of the sentence to the High Court following an appeal by the now acquitted. However, the High Court held that the evidence of the prosecution did not match each other. Further, it said that the process of identification of the accused is not correct because witness identification in the court does not count as concrete evidence.

What is the Senari massacre?

The Senari incident was the last of a series of case-related massacres wherein the banned Maoist Communist Centre (MCC) and upper caste organisations such as the Ranbir Sena were suspected to be involved.

As many as 34 people belonging to the upper-caste Bhumihar community were killed at Senari village that now falls in the recently-formed Arwal district. The police registered a case in Karpi police station based on the statement of Chintamani Devi who has since passed away during the trial.

The people who died during the attack were: Madhukar Kumar, Omprakash alias Rohit Sharma, Bhukhan Sharma, Neeraj Kumar, Omprakash, Rajesh Kumar, Sanjeev Kumar, Raju Sharma, Jitendra Sharma, Virendra Sharma, Sachithanand Sharma, Lalan Sharma, Awadhesh Sharma, Kundan Sharma, Dhirendra Sharma, Amresh Kumar, Ram Dayal Sharma, Satyendra Kumar, Upendra Kumar, Vimlesh Sharma, Parikshit Narayan Sharma, Ramnaresh Sharma, Chandrabhushan Sharma, Avadhkishore Sharma, Sanjeev Kumar, Shyamnarayan Singh, Nandlal Sharma, Ramslog Sharma, Jwala Sharma, Pintu Sharma , Rampravesh Sharma, Ranjan Sharma, Jitendra Sharma, Virendra Sharma.

Villagers in mourning

Following the decision of the Patna High Court, families of victims as well as residents of nearby Khatangi, Manjhiyawan, Odhbigha and other villages have expressed anguish. The region has attained peace by working together and strengthening relations for the last 15 years, said the Hindustan.

However, villagers denounced the recent order demanding that the government take the matter to the Supreme Court until the accused will be punished. Other cases in the series of massacres were taken to the apex court until justice was declared, said kin of victims.

Related:

Provide ration, transport, community kitchens for migrant workers: SC
Death due to lack of timely medical aid is a violation of right to life: Patna HC
Senari Massacre: Bihar Court convicts 15, acquits 23

The post Patna High Court acquits 13 previously convicted in the Senari massacre appeared first on SabrangIndia.

A trial court in Goa has acquitted former editor-in-chief of Tehelka, Tarun Tejpal of charges of sexual harassment and rape of his colleague in 2013.

Tejpal was charged for offences under Indian Penal Code sections of 354 (assault or criminal force with intent to outrage modesty), 354A (sexual harassment), 354B (assault or use of force against woman with intent to disrobe), 341 (wrongful restraint), 342 (wrongful confinement), 376 (2)(f) (person in position of authority over women, committing rape) and 376(2)(k) (rape by person in position of control).

According to Bar & Bench, the judgment was pronounced by Additional Sessions Judge Kshama Joshi and in a statement issued shortly after his acquittal, Tejpal thanked a host of lawyers who represented him in this matter. These lawyers include Pramod Dubey, Aamir Khan, Ankur Chawla, Amit Desai, Kapil Sibal, Salman Khurshid, Aman Lekhi, Sandeep Kapoor, Raian Karanjawala, Ravi Sharma, Abhimanyu Bhandari and Shrikant Shivade.

This acquittal order comes despite Tejpal’s admission to the assault that was part of the evidence in the trial. As per an Indian Express report, an e-mail sent to the survivor on November 19, and another, titled “Atonement”, sent to Tehelka’s then managing editor Shoma Chaudhury on November 20, along with the survivor’s statement constituted the primary evidence against him.

In the email, with the subject line ‘atonement’, Tejpal wrote: “I apologise unconditionally for the shameful lapse of judgement that led me to attempt a sexual liaison with you on two occasions on 7 November and 8 November 2013, despite your clear reluctance that you did not want such attention from me”.

Besides the email and the survivor’s statements, the crime branch also found a crucial bit of a CCTV footage from the hotel that seemed to have corroborated with the survivor’s statement.

Some have pointed out that Tarun Tejpal’s press release thanking his lawyers and the court for its “rigorous, impartial and fair trial” was prepared even before the verdict, as it carries the date May 19, that is eventually overwritten by May 21. The judgment that was earlier supposed to be pronounced on May 19 was deferred to May 21.  

Tarun Tejpal’s press release was prepared in advance for release on a prior date when the court adjourned delivering judgment? He had written 19 th first, which was the last date of hearing. What does it say? pic.twitter.com/tVFo82DYxS

— Vinod K. Jose (@vinodjose) May 21, 2021

“The law is a system that protects everybody who can afford a good lawyer.” — Mark Twain https://t.co/jrvxEEXYbA

— Sohini (@Mittermaniac) May 21, 2021

Women Rights activists have condemned the verdict, questioning the grounds on which he has been acquitted. All India Progressive Women’s Association secretary Kavita Krishnan tweeted, “At the end of it all, the courageous woman did not get even a tiny taste of justice. Rape trials are deeply violent towards survivors. Yet again, a survivor has been demeaned, humiliated, and let down.”

At the end of it all, the courageous woman did not get even a tiny taste of justice. Rape trials are deeply violent towards survivors. Yet again, a survivor has been demeaned, humiliated, and let down.

— Kavita Krishnan (@kavita_krishnan) May 21, 2021

She also highlighted how Tejpal has gotten away with this verdict despite having penned down several apologies admitting to the incident, with the survivor having her integrity “smeared in court and in social parties.”

Women rights activist and cyber safety expert, Akancha Srivastava expressed her displeasure at the judgment and said, “Should girls/women even bother filing formal complaints, fighting cases for decades? Genuine question. What is even the point?”

Should girls/women even bother filing formal complaints, fighting cases for decades? Genuine question.
What is even the point?#TarunTejpal https://t.co/zTlswnNd4u

— Akancha Srivastava (@AkanchaS) May 21, 2021

Equal Rights activist, Harish Iyer also shared his dissatisfaction at the demoralising verdict of the court while speaking to SabrangIndia. He said, “As a fellow rape survivor and as somebody who was a witness in this case, I am utterly disappointed. Our systems should enable women instead of discouraging them.”

Expressing his anguish about how another abuser will walk free, he recalled how there was an “entire campaign to malign her” (survivor), raising questions about her character, the fact that she consumed alcohol or the way she behaved post her assault. He said, “This is disgusting, there is no manual to show how a rape survivor must behave!” Not having any knowledge about whether the complainant will appeal against this order, Mr. Iyer said that we must all support and stand by her, despite all odds.  

Here is a timeline of the 8-year-old sexual assault case:

November 7, 2013:

A junior colleague accuses Tarun Tejpal of sexually assaulting her in Goa’s Grand Hyatt hotel’s elevator.

November 20, 2013:

Tarun steps down as the editor-in-chief in light of the sexual assault allegations.

November 22, 2013:

The Goa police files an FIR against him, based on the survivor’s complaint.

November 30, 2013:

He is arrested by the Goa Police.

February 17, 2014:

Goa’s crime branch files a 2,846-page charge sheet which also contains Tejpal’s formal apology e-mail to the survivor and Tehelka’s then managing editor, Shoma Chaudhury.

July 1, 2014:

After spending over 6 months in jail, the Supreme Court grants him bail and asks him to submit his passport to the court.

26 September, 2017: 

Tejpal makes the plea against framing of charges in the Bombay High Court in Goa, but the court refuses to stay the framing of charges.

September 28, 2017:

Tejpal is officially charged with rape and wrongful confinement by the trial court in Goa.

December 6, 2017:

The Supreme Court directs the trial court to begin trial in the case.

August 9, 2019:

Tejpal moves top court seeking quashing of FIR against him. The SC rejects his plea terming the offence “morally abhorrent” and an “assault on the privacy of the victim”, and asked the trial court to complete trial in six months.

The matter kept getting put on hold due to the Covid-19 pandemic.

October 28, 2020:

The Supreme Court asks the court to complete the trial by March 31, 2021.

May 12, 2021:

Case gets listed for judgment but court defers it till May 19.

May 19, 2021:

Case listed for judgment but court defers it till May 21.

May 21, 2021:

Goa trial court acquits Tarun Tejpal of all charges.

Related:

MJ Akbar vs Priya Ramani: Pronouncement of judgment deferred till Feb 17
It’s A ‘Lose Lose’ Situation for most Sexual Harassment/Rape Complainants
Redefining public space

The post Goa court acquits journalist Tarun Tejpal in rape case appeared first on SabrangIndia.