Earlier, the Court had granted interim protection from arrest. During the hearing, Khan’s Senior Advocate Kapil Sibal assured the Court that Khan had been cooperating with the investigation and would continue to do so. Sibal raised concerns over potential harassment by the police under the guise of investigation and objected to the police’s demand for access to Khan’s phone.

Justice Singh, while recognizing the concern, affirmed the police’s right to investigate.

Background

An FIR (No. 280/2024) was filed against activist Nadeem Khan on November 30 at Shaheen Bagh Police Station under sections 196/353(2)/61 of the BNS, 2023. According to the FIR, a sub-inspector (SI) on patrol duty was alerted by “secret sources” about a video circulating on social media. The video was reportedly inciting strong anger among local residents and had the potential to provoke violence. The FIR alleges that a video titled “Records of Hindustan in Modi Sarkar,” posted on the “Akram Official 50” YouTube channel on November 21, depicted an individual at an exhibition booth gesturing towards a banner. The video reportedly mentioned names like Nadeem Khan, Akhlaq, Rohit Vemula, and Pehlu Khan, while also referencing the 2020 Shaheen Bagh protests and the Delhi riots. The FIR claims that the video portrayed a specific community as victims and attempted to incite unrest.

Following this, a non-bailable arrest warrant was issued against Khan. However, on December 3, the Delhi High Court granted him interim protection from arrest until December 6. Justice Jasmeet Singh, during the hearing, directed Khan to cooperate fully with the investigation and to join the ongoing probe. Furthermore, Khan was instructed not to leave the National Capital without the permission of the Investigating Officer.

During the December 3 hearing, when the Delhi Police counsel informed the court that Khan had contacted various individuals, including lawyers, when the officials attempted to arrest him, Justice Singh made an oral remark:

“That can’t be a reason to arrest him. Anybody who’s getting arrested calls people no? Where is the question…how do you go to Bangalore? You say, you go in police uniform in Bangalore to arrest him. How do you do that?

The court said that, “Please understand, we are in a democratic country. The harmony of our nation is not so fragile. It is not so fragile that merely one exhibition, merely someone shouting, it cannot be. Consider people as intelligent…You repose very little faith in the common man. Common man is intelligent. Common man isn’t so fragile that merely one exhibition will”

“We are living in a democratic country. The country places great pride in our fundamental rights. Article 19(1)(a) is to be protected. If you think that a common man will get incited by this, the common man doesn’t have the IQ to understand what is right for them… we are intelligent people. Please have some faith in the common man” the Court further remarked. As Live Law Reported.

Khan framed narrative portraying “particular community” as govt victims: Delhi Police

According to Live Law, the Delhi Police informed the Delhi High Court that civil rights activist Nadeem Khan, through “targeted dissemination of selective and misleading information,” sought to create a narrative portraying a “particular community” as victims of “systematic oppression” by the government.

The police stated, “This selective portrayal is not only factually distorted but appears to be calculated to evoke feelings of victimization and persecution within that community. Such actions suggest a deliberate attempt to provoke discontent and unrest, amounting to a larger conspiracy aimed at undermining communal harmony and public order.”

In its affidavit, the Delhi Police also claimed that Khan was evasive during his December 5 interrogation. It revealed that the “exhibition” organized by “Jamaat-e-Islami Hind,” where the alleged video was recorded at the APCR stall, was entirely managed and controlled by him.

Delhi High Court shielded Khan from arrest and quashed no-bailable warrant

On December 11, in a petition filed by Nadeem Khan under section 528 of BNSS, 2023 seeking quashing of order issuing non-bailable warrant and the proceedings emanating therefrom in FIR No. 280/2024, Justice Jasmeet Singh of Delhi High Court quashed the warrant and provided protection from arrest to civil rights activist Nadeem Khan.

Justice Singh also directed that, should the Delhi Police require Khan’s custody, they must provide a seven-day advance written notice. The Delhi Police assured the court that Khan would not be arrested, and if custodial interrogation became necessary, they would notify him in advance.

Delhi Police conducted raid at Delhi office of APCR on November 29

Earlier, on November 29, Delhi Police conducted a raid at the Delhi office of the Association for Protection of Civil Rights (APCR). The next day, on November 30, the police attempted to detain Nadeem Khan at his brother’s residence in Bengaluru. The raid and detention attempt were reportedly triggered by social media posts, particularly from a Twitter user named “Mr. Sinha.” The police action followed an exhibition organized by the APCR, which attracted attention from right-wing groups on social media, who have previously targeted Khan due to his vocal criticism of police brutality and state involvement in mob violence.

In response, the People’s Union for Civil Liberties (PUCL) condemned the police actions, describing them as part of a targeted witch-hunt against Khan. PUCL expressed concern over the harassment, which they believe was instigated by certain social media accounts, labelling it an attack on human rights activism.

Human Rights Watch condemned the Delhi Police raid

International Human Rights Body, Human Rights Watch strongly condemned the November 29, 2024, raid by Delhi police on the offices of the Association for Protection of Civil Rights (APCR). In a statement, HRW expressed concern that the Indian government is actively seeking to silence voices critical of its policies and those who offer assistance to individuals targeted by politically motivated investigations. HRW’s Pearson stated, “The Indian government appears determined to silence voices that speak out against its abusive practices as well as those who provide assistance to people facing malicious investigations.”

The organization further said that by punishing individuals for exercising their right to free expression, the government is not silencing dissent but rather adding to the growing list of human rights violations in the country. This raid highlights a troubling effort to stifle criticism and further marginalized groups defending the rights of minorities and vulnerable communities in India.

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The post Professor VK Tripathi: Inspiring Change with Science, Secularism, and Humanity appeared first on SabrangIndia.

Volker Turk, the UN High Commissioner for Human Rights, posted on the social media site and has urged Indian authorities to reconsider and drop the cases against author Arundhati Roy and former Central University of Kashmir professor Sheikh Showkat Hussain, both of whom are facing prosecution for their comments on Kashmir.

The UN Human Rights Office made the following statement, “We are concerned by the use of #UAPA anti-terror law to silence critics. Repeat call for review of law & release of human rights defenders detained under it. Urge authorities to drop cases against Arundhati Roy and Sheikh Showkat Hussain over comments on Kashmir.”

#India: We are concerned by use of #UAPA anti-terror law to silence critics. Repeat call for review of law & release of human rights defenders detained under it. Urge authorities to drop cases against Arundhati Roy & Sheikh Showkat Hussain over comments on India-admin Kashmir

— UN Human Rights (@UNHumanRights) June 27, 2024

Soon after the general assembly results came out, news arrived on June 14th that Delhi’s Lieutenant Governor V K Saxena had granted the Delhi police to pursue action against Roy and Hussain in relation to a 2010 case. The two had reportedly made a speech that law enforcement has designated as ‘provocative’ in October 2010 under the banner of protest called ‘Azadi the only way.’

A Raj Niwas official reportedly told the Hindustan Times, “The issues discussed and spoken about at the conference propagated the separation of Kashmir from India.”

Other people who had also reportedly spoken at the event which dates fourteen years ago include the late Kashmiri leader Syed Ali Shah Geelani, DU professor, SAR Geelani and activist Varavara Rao. A man named Sushil Pandit had filed an FIR against them at the time.

The prosecution has started last year in 2023 itself when Lieutenant Governor granted permission to prosecute those accused sections 196 of the Code of Criminal Procedure, including 124-A (sedition), 153-A (enmity between different groups on grounds of religion, race, place of birth, residence, language), 153-B (imputation, assertions, prejudicial to national integration), 504 (intentional insult with intent to provoke breach of the peace) and 505 (statements conducing of public mischief).

Roy has also been recently named the recipient of the prestigious PEN Pinter Prize 2024.  This win has come only a few weeks after Roy was sanctioned to be prosecuted by Indian authorities.

As per a report by the BBC, the chair of the English PEN awards, Ruth Borthwick spoke about Roy saying that she was important because she told “urgent stories of injustice with wit and beauty”. Borwick also stressed that Roy’s “powerful voice is not to be silenced.”

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The post The UN High Commissioner condemns the prosecution of Arundhati Roy and Sheikh Showkat Hussain, urges the government to reconsider move appeared first on SabrangIndia.

HRD Alert -India is a forum of Human Rights Defenders for Human Rights Defenders. It endeavours to initiate actions on behalf of Human Rights Defenders under threat or with security concerns.

Weeks ago, on October 17, 2023, a group of students first demonstrated at Student Union Building of AU in the morning. At around 11:00 am they reached the library gate from Chhatrasangh Bhavan and sat on a peaceful sit-in/dharna. Reportedly, around 11:30 am some police personnel and Mr. Rakesh Singh, the chief proctor of the university reached the spot where the students were protesting. Seeing them, some students shouted slogans against both the university administration and chief proctor.

The chief proctor, Rakesh Singh, it is shockingly alleged, after hearing the student’s slogans, took a policeman’s baton and started beating a student with the baton while the police officials stood silently. The video of this incident was put on social media and went viral.

ये पूरब का आक्सफोर्ड कहा जाने वाला इलाहाबाद विश्वविद्यालय है,जहॉ सत्ताधीश समर्पित चीफ़ प्राक्टर एक दलित छात्र विवेक कुमार पर लाठियाँ बरसा रहा है,जातिसूचक शब्दों का प्रयोग कर गाली दे रहा है, हमारे शैक्षणिक संस्थानों में और कितना गिरावट आयेगी @UPGovt @PMOIndia @EduMinOfIndia से… pic.twitter.com/QOcloDUcoK

— Manoj KAKA (@ManojSinghKAKA) October 17, 2023

 The background of the protests is this: In September 2022, the fee of Allahabad University for under-graduate courses was increased by 300%. Students have been protesting since then against the fee hike since September 2022, demanding that it be rolled back. Many students have been suspended for participating in these demonstrations. There have been protests for the reinstatement of these students who were suspended.

Thereafter, on October 17, it is stated in the complaint, instead of stopping the Chief Proctor from assaulting the students, the police forcefully took away students at 11:30 am to Karnal Ganj police station, Allahabad. At around 11:50 am, around 50-60 students reached Karnal Ganj police station, Allahabad demanding the police act against the proctor who assaulted the protestor and release the detained students. Mr. Vivek, a student of the university wrote an application to the Station House In charge, Karnal Ganj Police Station mentioning the incident and asked for action to be taken. However, the police officials of Karnalganj police station did not register an FIR saying that there is pressure from higher authorities, and they cannot file an FIR against the assault.

On October 18, 2023, some students met the Superintendent of Police (SP), Allahabad and requested him to act against the Chief Proctor. Though the SP assured them of action but no action has been taken yet and no FIR has been filed by the police. After this protest, four more students have been suspended by the Chief Proctor.

HRD Alert- India states that the organisation believes that “the assault by Chief Proctor on peacefully protesting students in front of the police officials is an arbitrary, illegal, and serious violation of constitutionally guaranteed right to life and peaceful assembly. Furthermore, registering an FIR regarding complaint of assault is the duty of the police under Section 154 of the Criminal Procedure Code.

“The right to freedom of peaceful assembly is an essential right in a democracy and Article 19 (1) (b) of the Indian Constitution guarantees the right to peacefully assemble. Article 21 of the Indian Constitution ensures to all its citizen right to life – a life to live without fear, intimidation, harassment, or mental torture.

“Unprovoked lathi-charge on unarmed protestors is a violation of the Articles 19 and 21 of the Indian Constitution. Hence, the complaint by HRD Alert-India states that, “the lathi-charge on unarmed protesters, is a violation of international human rights laws. A peaceful assembly is protected under the Article 21 of the International Covenant on Civil and Political Rights (ICCPR).

“According to the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, ‘states and their law enforcement agencies and officials are obligated under international law to respect and protect, without discrimination, the rights of all those who participate in assemblies, as well as monitors and bystanders. The potential for violence is not an excuse to interfere with or disperse otherwise peaceful assemblies.’”

Finally, the complaint that urges the NHRC to take cognisance of the case has also urged that:

• The Superintendent of Police (SP) of Allahabad is directed (by the NHRC) to initiate and urgent, unbiased and transparent inquiry on the wilful negligence and inaction by police personnel of Karnal Ganj police station for not registering an FIR against the Chief Proctor Mr. Rakesh Singh and submit a detailed report in writing to the honourable Commission in two
• That, depending on the result of the inquiry take strict action against the Police personnel of Karnal Ganj police station Allahabad for not registering the FIR and submit the report to the NHRC within two
• That, a direction for an FIR against chief proctor and police personnel of Karnal Ganj police station, Allahabad for their wilful negligence and inaction to register an FIR should also be ordered by the NHRC.

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The post Assault on students during peaceful protest in Allahabad protested, complaint to NHRC appeared first on SabrangIndia.

Here is the statement of solidarity with the women of South Asia:

“Navaratri, or Durga Puja, is the Hindu festival celebrating the goddess Durga, the goddess of strength and protection. HHR dedicates these nine nights to Mother Durga and her nine forms: Shailaputri, Brahmacharini, Chandraghanta, Kushmanda, Skandamata, Katyayani, Kalaratri, Mahagauri, and Siddhidatri. Each form of Durga represents the strength and power of the divine feminine, reflected in the strength and power of the women of the world. The organisation honours Durga and pray for the victory of good over evil in our world.”

Invoking Durga in the work for equality, justice, liberation, and human rights, the HHR states that this Navaratri, they wish to highlight the courage of women human rights defenders around the world and stand in solidarity with the women of South Asia, from Afghanistan, Pakistan, Bangladesh to Nepal, Sri Lanka and India – women who are fighting for their rights and the rights of others, as their governments and other actors attempt to silence them into complacency.

From India’s Olympic women wrestlers fighting to bring attention to the sexual harassment they faced from the head of the Wrestling Federation of India and BJP Member of Parliament, the women of Manipur protesting the ethnic conflict in India’s easternmost state, the pro-democracy women fighting Hindutva in India, the women in Pakistan fighting for women’s rights, to the women and girls fighting for education and economic rights in Afghanistan, the women fighting for gender equality and refugee rights in Bangladesh, and the women of Iran who, for over a year have been protesting the brutal regime’s crackdown on their rights, these women serve as an inspiration to all.

In a statement issued today, HHR states that as the world sees an increase in the suppression of free speech, free press, and the rights of minoritised groups all around the world, women are leading the revolution for equality, justice, and liberation. Their spirit and sacrifices, and extend to them and their movements our unwavering solidarity.

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The post 2023 Navaratri Women Human Rights Defenders Campaign: Hindus for Human Rights appeared first on SabrangIndia.

Late Sunday evening post 9 pm an update from his family in Lucknow: Mohammed Shohaib returned home after over 12 hours in detention

Mohammed Shoaib was taken away around 7.15 am by a group of police personnel, Malka Bi said in a letter to the Aminabad police station in Lucknow. She said the officials did not tell her why they picked Shoaib up.

“My husband was sleeping when the police arrived at our home,” Malka Bi told Scroll. “There were six to seven officials in plain clothes and three in uniform. My husband has not done anything at all. I don’t know why he was taken away.”

Malka Bi told the Lucknow Police that Shoaib has been suffering from high blood pressure for the past 15 years and has been unwell for the past six months.

Shoaib is the founder of an organisation named Rihai Manch, which offers legal assistance to marginalised communities. In December 2019, he was arrested in connection with protests against the Citizenship (Amendment) Act. He was granted bail on January 15, 2020. According to other activists from Rihai Manch, there is no reasons given by his arrest.

Other activists detained

Two other activists, Parvez Ahmed and Rais Ahmed have been detained by the Adampur Thane at Varanasi according to information received from Communist Front in Varanasi which has stated in a press note that these are part of a strong of arrests across the state, all “targeting Muslim activists”. The press note has been issued by Sagar Gupta of Communist Front.

Background to Mohammed Shohaib’s arrest

Lawyer and activist, Mohammed Shoaib (72), who is also the President of Rihai Manch, was then granted interim protection by the Allahabad High Court after he was charged under the Gangster Act in Uttar Pradesh for being part of a criminal gang during anti-CAA protests. The Allahabad High court was hearing Shoaib’s petition to quash the case filed under sections 2 and 3 of the UP Gangsters and Anti-social Activities (Prevention) Act. The court has granted protection to Shoaib until the police files the report under section 173 (2) of the CrPC.

Shoaib was earlier arrested on December 19, from his home while he was on house arrest for his alleged involvement in the violence that broke out in Lucknow during the protests. The police claimed in court that Shoaib was present at the protest site when he was arrested. The Sessions court in Lucknow granted him bail in January, after a month of him being arrested.

In 2016 Sabrangindia had done a profile of the septuagenarian lawyer advocate’s contribution to the battle for human rights. Read https://sabrangindia.in/article/foot-soldier-rule-law-advocate-shoaib

The representation by Malka bi to the Aminabad police, Lucknow may be read here.

Her video taken locally after her husband’s arrest may be viewed here.

The post HRD & lawyer Mohammed Shoaib among two other activists in Varanasi picked up: UP appeared first on SabrangIndia.

It is not surprising that last year the World Press Freedom Index 2022 ranked India 150 out of 180 countries in theworld. The Reporters Without Borders (RSF) will release its World Press Freedom Index 2023 on May 3  in the presence of the US Secretary of State Antony Blinken RSF’s World Press Freedom Index has become an important global tool to measure press freedom, scoring and ranking 180 countries and territories. Each year’s Index prompts reactions from officials around the world, including the expected reactions from India! Given the state of Freedom of Speech and Expression in the country today, it is doubtful whether India has any chances of improving on its pathetic 150 ranking ofthe previous year.

World Press Freedom Day on May 3 is an annual commemoration adopted by the United Nations in 1993.This year is the 30th anniversary since the UN General Assembly’s decision proclaiming an international day for press freedom.The theme this year is significant: Shaping a Future of Rights: Freedom of expression as a driver for all other human rights It powerfully signifies the enabling element of freedom of expression to enjoy and protect all other human rights.  Something which India desperately needs and years for!

As a backgrounder for the day the UN has provided a path-breaking concept note. The opening para sets the tone for the entire day and of the appropriateness and urgency of the theme. “This proclamation marked the beginning of substantial progress towards enabling a free press and freedom of expression around the world –with the proliferation of independent media in many countries and the rise of digital technologies enabling the free flow of information online.  Three decades have passed, with advancements in the respect for human rights and in related international frameworks. However, media freedom, safety of journalists and freedom of expression are increasingly under attack, which impacts the realization of other human rights.The international community faces multiple crises; conflicts and violence, persistent socio-economic inequalities driving migration, environmental crises and challenges to the health and well-being of people all around the world, while disinformation and misinformation online and offline proliferate with serious impact on the institutions underpinning democracy, the rule of law and human rights. Polarised political and societal discourse; erosion of trust; impositions of states of emergency and internet shutdowns; crackdown on critical voices and independent media; news desertification due to the collapse of traditional media business models; and tackling hate speech and online harms that disregard international standards, pose new threats to freedom of expression, and the fundamental role of human rights. It is exactly to counter these critical situations and threats, that press freedom, safety of journalists and access to information take centre stage.”

The concept note is an authentic reflection of the reality that has gripped India since 2014. The right to freedom of expression, enshrined in Article 19 of the Universal Declaration of Human Rights, is a prerequisite and a driver to the enjoyment of all other human rights. Article 19 of the Constitution of India guarantees to every citizen freedom of speech and expression. In the recent past the regime has systematically targeted and even throttled (sometimes in seemingly innocuous ways) all those who have dared oppose them or critiqued their policies and falsehoods. On the other hand, their ‘bhakts’, crony capitalist friends and those who accept the ideology of fascists, have no qualms of consciencespewing venomous hate speeches, denigrating and demonizing minorities and inciting people to violence. They do so with impunity, with the law-and-order mechanism as accomplices in these crimes, knowing fully well that they are cloaked with immunity! Absolutely nothing, they are cock-sure, will happen to them!

Human rights of the poor and the vulnerable, the excluded and the exploited, the minorities and the other marginalised are not only denied, trampled upon but are blatantly violated.

For example, ‘The Kashmir Files’ and now the soon-to -be-released ‘The Kerala Story’, reek with lies, denigration and perversion that would make any thinking Indian who cherishes freedom of speech and expression to hang one’s head down in shame! Ironically, the two-part BBC documentary on ‘The Modi Question’ with incontrovertible facts and authentic visuals is banned from screening/ viewing in India, because it reveals the whole truth and urges the viewer towards a more just and humane society!

The note reiterates, that this year’s special thirtieth anniversary celebration of World Press Freedom Day is therefore a call to recentre press freedom, as well as independent, pluralistic, inclusive and diverse media, as necessary key to the enjoyment of all other human rights. This anniversary coincides with the 30th anniversary of the Vienna Conference and its Declaration and Programme of Action on Human Rights, which established important institutions safeguarding human rights, and with the 75thanniversary of the Universal Declaration of Human Rights.

On this occasion, the global community will debate and set the agenda for both the development of human rights and how to protect them in an ever changing world, and World Press Freedom Day will serve as an opportunity to put a strong focus on freedom of expression within the overall human rights agenda.

The question is: will India as a nation and as many citizens of the country as possible, have the audacity to dare by shaping a future of rights wherein the freedom of expression becomes a driver for all other human rights?

May 3, 2023

(The author is a human right, reconciliation & peace activist/writer) 

The post Freedom of Expression: Driver for All other Human Rights appeared first on SabrangIndia.

Human Rights activists, who held the torch for fellow Indians in 2022 include journalists incarcerated for reporting the truth, activists who raised voices of dissent against the regime and even those who courageously fought incidents of online abuse and sexual violence. The year saw some of them being liberated from prison after unfair incarceration, while others continue to battle from within bars. Here is a detailed look at this inspiring list of warriors battling a wide spectrum of human rights. They persist, resilient against huge odds

Sajad Gul

Sajad Gul, a young Kashmiri journalist was arrested in January this year on charges of “criminal conspiracy” after he posted a video showing women shouting anti-government slogans protesting against death of Lashkar-e-Taiba commander Salim Parray. As soon as he was granted bail, he was detained under the Public Safety Act (PSA) and continues to remain under detention without trial. Gul had started working for The Kashmir Walla, an online news portal as a trainee journalist shortly before his arrest. He had been in the crosshairs of the administration when he had written about the alleged fake encounter of his childhood friend Imtiyaz Ahmad Kakroo. He was also falsely booked for “rioting” after he reported on a demolition drive conducted by Tehsildar Ghulam Mohammad Bhat. After reading the news report, Bhat retaliated by demolishing the fence around Gul’s home in his village, which angered other villagers who pelted stones at them. Gul and his uncles were booked for “rioting” after this incident, despite not being present at the spot.

Fahad Shah

Shah is the Founder and Chief Editor of The Kashmir Walla, a digital news portal. He received the 25^th Human Rights Press Award for coverage of February 2020’s Delhi riots. He has been called a “brave and honest champion of Indian journalism” by the Columbia Journalism Review and was nominated by Reporters without Borders (RSF), for 2020’s Press Freedom Award. Shah was arrested in February this year on the allegation of glorifying terrorism, spreading fake news, and inciting general public against law and order after he reported a story about a Pulwama family who claimed that their son, Inayat Mir (17), killed in encounter was innocent. After getting bail, he was charged under UAPA and the Public Safety Act as well ensuring through this multiplication of criminal complaints that he remains behind bars.

Dr Anand Teltumbde

Another reason to rejoice this year was when Professor Dr. Anand Teltumbde was granted bail by the Bombay High Court I the Bhima Koregaon case, on merits. Among the 16 accused, Teltumbde’s bail is the first bail that has been granted on merits. While the NIA made all efforts to delay Teltumbde’s release by securing a stay from the Bom bay High Court, the Supreme Court dismissed the appeal and even reprimanded the State for employing delaying tactics, in oral remarks during rh hearing. The court held that offences under section 13 (unlawful activities), 16 (terrorist act) and 18 (conspiracy) of the UAPA are not made out against him and only sections 38 (offences related to membership of a terrorist organization) and 39 (Offence relating to support given to a terrorist organization) were made out.

The case against Teltumbde is that he was the convenor of Elgar Parishad conference held on December 31, 2017 which led to clashes in Bhima Koregaon resulting in one person’s death. When the police probed further and the NIA took over the case, it was alleged that there was a conspiracy to assassinate the Prime Minister.

Gautam Navlakha

Civil rights activist and member of the People’s Union of Democratic Rights (PUDR), Gautam Navlakha surrendered to NIA in April 2020 in the Bhima Koregaon case. He was placed under house arrest in 2018 but was then released within 2 months, in October 2018. Since April 2020 he has been incarcerated and finally in November, his request for house arrest due to his poor health has been granted. He has now been placed under house arrest as per the Supreme Court’s directions until further orders.

Teesta Setalvad 

Human rights activist and journalist, Teesta Setalvad had her home barged in to, she was violently assaulted and then detained and later arrested by Gujarat ATS on June 25-26 2022. The “charges” were “submitting forged and fabricated evidence” in Zakia Jafri’s petition concerning the Gujarat riots of 2002. Termed as a witch-hunt by reputed human rights organisations and individuals, Setalvad has been the target victim of over 14 cases of trumped up charges especially since 2014 (the first one was in 2004). The raid by the ATS and subsequent detention and arrest came a day after a Supreme Court Judgement on the conspiracy behind the Gujarat violence of 2002. Setalvad is Secretary of the legal rights group, Citizens for Justice and Peace that has provided legal aid in this case to Zakia Jafri, the widow of the slain Congress MP who was brutally murdered at Gulberg society during the 2002 Gujarat riots, the main petitioner. The petitioners had sought re-investigation/further investigation in the charges of conspiracy made out in Jafri’s protest petition which was filed against the SIT’s closure report which had given a clean chit to the Gujarat administration, thus determining that the administration was not involved in any conspiracy behind the outbreaks of violence. Voluminous documents were presented before the Supreme Court to indicate that several documents /evidence were not examined by the SIT to explore the charge of conspiracy.

Detained on June 25, Setalvad was granted interim bail by the Supreme Court on September 2 on the grounds that she has been in custody for more than 2 months and that the investigative machinery has had the advantage of custodial interrogation for a period of 7 days

The Nun who battled gendered violence

On Friday, January 14, 2022, a Kerala court acquitted Franco Mulakkal (57), the former bishop Jalandhar who is accused of raping a nun in a Kottayam district convent, multiple times between 2014 and 2016. He was acquitted citing lack of evidence in a case that was registered by police in Kottayam in June 2018.

This case is a mark of bravery of the survivor (whose identity is protected) since she fought against a religious institution and against a person in authority, a Bishop. She remained silent at first fearing consequences for her sister who was at the same congregation, but eventually came out to ensure the Bishop is brought to book for the several times he violated her.

A group of feminist lawyers and activists, named the Sisters in Solidarity (SIS) recalled that once the nun filed the case against Franco Mulakkal, “she was immediately stripped of her responsibilities”. Since then, “the survivor and her companions have experienced harassment and hostility from the supporters of the accused” state the activists adding that after this verdict, “they have become even more vulnerable and are in danger of further victimisation.” Other sisters in the congregation who supported the survivor also suffered consequences. Sister Lucy Kallapura was dismissed by Fransiscan Clarist Congregation (FCC). In 2018, Father Kuriakose Kattuthara, 62, who was a prime witness in this case was found dead in a church in Punjab, after he had expressed his apprehension about threat to his life.

Mohammad Zubair

Zubair, founder of AltNews, a fact checking web portal was arrested based on an FIR filed against him for hurting religious sentiments. It was alleged that by calling Mahant Bajrang Muni ‘Udasin’, Yati Narsinghanand and Swami Anand Swarup “hatemongers” on Twitter, Zubair had hurt religious sentiments. On July 20, he walked out of jail when the Supreme Court granted him bail and reprimanded the UP Police while cautioning that the exercise of power of arrest must be pursued sparingly

Sudha Bhardwaj

Social activist and lawyer, Sudha Bhardwaj finally walked out of prison in December 2021 after being incarcerated for close to 3 years in the Bhima Koregaon case. The mathematician-turned-lawyer became an activist and trade unionist as she fought for the rights of the dispossessed in Chhattisgarh. Even while in prison she attended a meeting in the jail where she proposed that legal aid lawyers should visit once in three months, meet their clients and be paid properly, reported BBC.

Khurram Parvez

Parvez is a Kashmiri rights activist and Coordinator of the Jammu Kashmir Coalition of Civil Society (JKCCS) and Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD). He was arrested on November 22, 2021 and was charged under UAPA. In May 2022 a chargesheet was filed by NIA against him accusing Parvez of “running a network of over ground workers of Lashkar-e-Taiba (LeT) for furthering activities of LeT and to commit terrorist attacks in India”. He was listed in TIME Magazine’s 100 Most Influential People list of 2022.

In November, after Parvez completed a whole year in detention, 12 human rights organizations including Amnesty International, and Foundation London Story demanded Parvez’ release ad his detention is deemed to be arbitrary

Umar Khalid

Former JNU student Umar Khalid had a small win this year when he was discharged in one of the cases concerning the northeast Delhi violence of 2020. On December 3, he and Khalid Saifi were discharged by the Sessions Court in the case accusing him of stone pelting during the violence, near Chand Bagh Pulia on February 24, 2020. He was arrested on September 13, 2020 in multiple FIRs including the larger conspiracy case behind the Delhi violence. His bail plea in the conspiracy case was rejected by the Delhi High Court in October stating that there was no merit in his plea. He is currently out on one week’s temporary bail to attend the marriage of his sister.

Khalid Saifi

United Against Hate Founder, Khalid Saifi, just like Umar Khalid is one of the accused in the case alleging larger conspiracy behind the northeast Delhi violence of 2020. In April, his bail plea was rejected by the Sessions court stating that the allegation against him are prima facie true. He stand in appeal before the Delhi High Court which has reserved its judgment on December 13. It is pertinent to note that the same bench which refused bail to Khalid in October, will be pronouncing the judgement in Saifi’s bail appeal. While arguing for his bail, Saifi submitted that he was subjected to custodial violence upon his arrest and was produced before the trial court in a wheelchair with a plaster on his feet. He has been incarcerated since February 2020.

RJ Sayema

Sayema Rehman, a radio Jockey by profession was targeted by miscreants on an app called ‘Bulli bai’ which was used to auction off Muslim women. She has been braving abuses on social media and said that the perpetrators are getting bolder due to impunity. “Every single person will have to realise that they are next. I have been facing this for the last four to five years since the time I have been active on social media. I have been called names, and my pictures photoshopped. This is not new, but nothing happens to these goons and they are getting more muscle every time. There is so much impunity. What happens on social media today, spills onto the streets soon after,” the RJ told the Citizens for Justice and Peace and the Gauri Memorial Trust at an online meeting where she appealed to the majority to speak out.

“People ask me, ‘You are not a journalist, you are not an activist, why are you speaking out?’ And I look at them and say, ‘How are you silent?’ We have the responsibility. Every single human being on this earth is there to support each other. We need to stand up against every injustice that we see,” Rahman said. She is a public figure who spoke up against the injustices meted out to her, being a woman from the minority community.

Ismat Ara

Ismat Ara, a journalist, was associated with The Wire when on New Year’s Day, 2022 she was in for a rude shock. Her name featured on the ‘Bulli Bai’ app which auctioned Muslim women, using their online photos. She filed an FIR in this matter with Delhi Police, “The entire website/portal is designed to insult Muslim women and investigation is required as to there is any organised conspiracy regarding the same,” she said in her complaint. Ismat Ara won the the Laadli Award in 2021 in the web investigative story category for her reportage on the Hathras gangrape case. She currently writes for The Frontline magazine

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The majority must fight for India, says Bu**li Bai target

The post On the firing line:  Human rights warriors of 2022 appeared first on SabrangIndia.

Voices of support are still pouring in for journalist, activist and educationist Teesta Setalvad even as she continues to remain behind bars, in a trumped-up case foisted upon her by a vindictive regime.

The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has called her detention arbitrary and demanded urgent international intervention into the matter. In a statement released recently, itsaid that she was detained “in retaliation to her legal actions seeking truth, justice, and reparation for the victims of the 2002 Gujarat communal riots, a series of acts of religious violence targeting the Muslim community, which resulted in the killing of at least 2,000 individuals. Ms. Setalvad is the co-founder and Secretary of Citizens for Justice and Peace (CJP).”

The group also took umbrage to how she was treated during the entire ordeal, saying, “Ms. Setalvad has been arbitrarily detained since June 25, 2022. That day, officers of the Anti-Terrorist Squad (ATS) of the Gujarat police entered her house in Mumbai, Maharashtra State, and arbitrarily detained her without a warrant. She was physically attacked in her house by the ATS officers when she requested to have access to her lawyer and had a large bruise on her left hand as a result. Moreover, she was not shown the First Information Report (FIR) filed against her until her lawyer arrived, one hour later. Police subsequently took her to Santa Cruz police station in Mumbai, where she filed a complaint against her arbitrary detention and the police’s physical assault, and expressing fear for her life while in custody.”

“The Observatory strongly condemns the arbitrary arrest and detention of Teesta Setalvad, and of whistle-blowers Sanjiv Bhatt and R.B. Sreekumar, and expresses its utmost concern over the targeting and prosecution of Ms. Setalvad, as it is clearly aimed at punishing her for her work seeking justice for the victims of the 2002 Gujarat riots,” said the group, mincing no words. It called for her immediate and unconditional release. The entire statement may be read here.

Human Rights Watch, has also appealed for Setalvad’s immediate release saying, “The Indian authorities should immediately release the prominent human rights activist Teesta Setalvad, drop all charges against her, and stop their relentless attacks against her.” “These arrests are clearly reprisals for pursuing justice for victims of the Gujarat riots and attempting to hold those who were in power accountable,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “No one can deny that the violence occurred, or that there needs to be justice, and yet the authorities have been pursuing criminal charges against Teesta Setalvad for years now in an attempt to silence her.” The entire statement may be read here.

CIVICUS, the global civil society alliance, had also condemned Setalvad’s arrest, and called on the government of India “to stop targeting human rights defenders. The arrest is the latest attempt by the Modi government to criminalise activists and undermine civic space in the country.”

“The arrest of human rights defender Teesta Setalvad is a clear tactic to intimidate and silence her for her activism around the Gujarat massacre, especially for justice and accountability. The authorities must halt the judicial harassment against her, drop the trumped-up charges and release her immediately and unconditionally,” said Josef Benedict, CIVICUS Asia Pacific researcher. The entire statement may be read here.

Earlier, the Constitutional Conduct Group (CCG), a group of former civil servants, has made an open statement on the Supreme Court order in the Zakia Jafri case, saying that they “are deeply anguished by some of the contents of that judgement and the arrests that have followed in its wake.”

As many as 92 people including former Mumbai top cop Julio Ribeiro, activist Aruna Roy, former secretary of the National Human Right Commission (NHRC) PSS Thomas, former Home Secretary GK Pillai, former Joint Commissioner of Police (Delhi) Maxwell Pereira were signatories to the statement.  

The CCG said, “It is not just the dismissal of the appeal that has surprised people – an appeal may, after all, be allowed or dismissed by an appellate court; it is the gratuitous comments that the bench has pronounced on the appellants and the counsel and the supporters of the appellants.”

The group also minced no words in describing the shocking aftermath of the judgment, saying, “The immediate action of the state in arresting human rights lawyer Teesta Setalvad and former DGP, RB Sreekumar, as well as filing a fresh case against Sanjiv Bhatt, who is already in prison, clearly occurred because the Supreme Court told the State government authorities to put those who ‘kept the pot boiling’ ‘in the dock’, though these persons were neither the appellants nor the accused in the case.” The entire statement may be read here.

Furthermore, over 2,200 people from across the globe had signed a statement demanding the immediate release of journalist and human rights activist Teesta Setalvad and former DGP Gujarat police RB Sreekumar.

Leading signatories such as People’s Union for Civil Liberties (PUCL) General Secretary V. Suresh, National Association of People’s Movements (NAPM) Convenor Medha Patkar, former Navy Chief Admiral Ramdas, former Lucknow University Vice Chancellor Roop Rekha Verma, Mazdoor Kisan Shakti Sangathan (MKSS) founder Aruna Roy, Carnatic musician TM Krishna, actor and dancer Mallika Sarabhai, writer and scholar Shabnam Hashmi, poet Gauhar Raza, and thousands of others signed a statement condemning the government’s prosecution of the activist and former IPS officers.

“The state has now used the observations made in the judgment to falsely and vindictively prosecute those who had struggled for justice even in the face of state callousness and complicity. It is truly an Orwellian situation of the lie becoming the truth, when those who fought to establish the truth of what happened in the Gujarat genocide of 2002 are being targeted,” they said in a statement released on June 27.They further said, “We condemn this naked and brazen attempt to silence and criminalise those who stand for constitutional values and who have struggled against very difficult odds to try to achieve justice for the victims of 2002. We demand that this false and vindictive FIR be taken back unconditionally and Teesta Setalvad and others detained under this FIR be released immediately.” The entire statement may be read here.

In fact, educationist Roop Rekha Verma, who is the former Vice Chancellor of the Lucknow University,issued another more personal statement saying, “I have known Teesta Setalvad for more than 30 years.    She is a soulmate!  An uncompromising fighter for human rights. A fearless champion of equal citizenship and rule of law. Teesta has always stood for liberal values, equal citizenship and composite culture. She has raised unequivocal voice against all forms of divisive and backward-looking conduct.”

She further said, “I know closely how she has risked her safety in order to get justice to the victims of violence irrespective of the victim’s caste or creed. Today, when she herself is the victim of injustice, I wish to declare that I stand with her. I support her cause of justice, rule of law and democratic values. I demand withdrawal of all cases fabricated against her.”

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The post Free Teesta Setalvad: Human Rights defenders stand with Teesta Setalvad appeared first on SabrangIndia.

Scores of Human Rights Defenders, students and citizen activists, were subjected to targeted attacks, online vilification, lawsuits and even jail, but stayed true to their path. Today we hail those who grew stronger despite the blows. There are hundreds who are unnamed, here are a few who made headlines worldwide in 2021.

Sudha Bharadwaj: Trade unionist and human rights defender Sudha Bharadwaj finally walked out of the Byculla women’s jail on December 9, 2021, after conditions of her bail were finalised on December 8, 2021. She had been granted default bail in the Bhima Koregaon case by the Bombay High Court on December 1, 2021. Bharadwaj, who has been fighting for the rights of workers and women, was falsely implicated in the Bhima Koregaon case. She was among the 16 activists and human rights defenders arrested in connection with the case. Those who have not been given bail in the case include Varavara Rao, Gautam Naulakha, Anand Teltumbde, Shoma Sen, Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Surendra Gadling, Hany Babu and Kabir Kala Manch members Jyoti Jagtap, Sagar Gorkhe and Ramesh Gaichor.

Rona Wilson: Activist Rona Wilson’s phone was infected with Pegasus spyware, as revealed in a recent forensic report by the US-based Arsenal Consulting. It made public findings that “two backups of an Apple iPhone belonging to Wilson had digital traces showing infection by the Pegasus surveillance tool”. Bhima Koregaon accused Wilson remains in jail, the last time he was granted an interim bail was by the Special National Investigation Agency (NIA) Court’s Judge DE Kothalikar, from September 13 to September 27 for Wilson to attend the memorial; mass scheduled on September 16, 2021 for his father Jacob Wilson, who breathed his last on August 18.

Umar Khalid: Activist Dr. Umar Khalid remains in jail as a Delhi court continues to hear his bail arguments. Dr. Umar Khalid, who has been implicated in the North East Delhi violence case of 2020, is represented by senior counsel, Trideep Pais and has already called out the regime for their well orchestrated attack on him, “Your (Delhi Police) wish to paint everyone in the same brush crumbles when you look at your chargesheet. Script is nicely tied up. Can we paint these people with one brush. Like it looks like a film script.” Advocate Pias probably said it best in his memorable submission on November 3, “Protest was secular, chargesheet is communal”, referring to the anti-Citizenship Amendment Act (CAA) protests and Khalid’s role in them. Even from behind bars, Dr Khalid’s name trends on social media on a daily basis, given how he rose from being a student leader to being one of the most well known human rights activists in recent times, and remains an inspiration to his colleagues.

Sanjay Tickoo: An activist who hails from the Kashmiri Pandit community, and continues to live in Kashmir, and bravely raises his voice for those targeted. Recently, anguished at the series of attacks on minorities and Muslims by terrorists in the Valley, Kashmiri Pandit leader Sanjay Tickoo told Sabrangindia that his repeated pleas with LG Manoj Sinha to enhance security for Pandit families had gone unanswered. Following a spate of killings on October 5, today October 7, two teachers, one Sikh, one Pandit were gunned down by militants in the Eidgah area of Srinagar after identities were demanded and they were singled out. Taking to social media, Tickoo wrote: “Welcome back to 1990”. Tickoo had earlier in 2020 led not one, but two hunger strikes, demanding justice for the minority Kashmiri Pandit community that is still forced to live in refugee camps amidst poverty and squalor, in the absence of implementation of various socio-economic schemes to which the community is entitled under the law.

Sokalo Gond: Adivasi and forest rights leader Sokalo Gond has survived police and administrative harassment many times as an indegenous activist. She was elected President of All India Union For Forest Working People (AIUFWP) on December 3, 2021. She has been on the forefront of challenging the ruling regime, police, landlords, so that Adivasis and forest dwellers, as well as forest workers have equal access to their rights and are given equal access to education, health, and the right to earn. Sokalo Gond and fellow activist Nivada Rana had moved the Supreme Court against its 2019 order calling for the ‘eviction’ of millions of Adivasis and forest-dwelling communities. While the apex court order was based on the Indian Forest Act 1927, Sokalo and Nivada opposed the same as an abuse of their constitutional rights. Gond and Rana’s petition was backed by CJP and AIUFWP. Sokalo Gond was among the women forest rights defenders from Lilasi village, who stood up against police brutality in May 2018. She was illegally detained and kept behind bars along with Kismatiya Gond, for months until a sustained campaign by Citizens for Justice and Peace (CJP) helped their release.

Sharjeel Imam: Even as Delhi court denied bail to Jawaharlal Nehru University (JNU) scholar, Sharjeel Imam in connection with the Sedition case registered against him in December 2019, where it was alleged that his speech made during the protests against the Citizenship Amendment Bill (CAB at that time) led to the Delhi violence in 2020, it said that his speech did not instigate rioters during the Delhi Violence of 2020, and also that the evidence against him in the riots matter, is ‘scanty and sketchy’ and as far as allegations against him for offences like being part of an unlawful assembly, attempt to murder, criminal conspiracy, rioting with deadly weapons, voluntarily causing grievous hurt are concerned. The court said, “The evidence in support of the allegations (rioters got instigated by the speech dated 13.12.2019 of applicant/accused and thereafter they indulged in the acts of rioting, mischief, attacking the police party etc), is scanty and sketchy.” The court noted that there was no eye witness to this effect, and that there is no evidence presented by the Delhi Police to suggest that co-accused persons got instigated and committed the alleged act of rioting upon hearing Imam’s speech.

Natasha Narwal, Devangana Kalita, Asif Tanha: The three scholars and activists accused in Delhi violence conspiracy case accused were granted bail by the Delhi High Court on June 15, but were not released by the Police immediately on flimsy grounds of “address verification”. A few days later Natasha Narwal, Devangana Kalita, and Asif Tanha finally walked out from the confines of Delhi’s Tihar Jail. Asif, Natasha and Devangana are permanent residents of Jharkhand, Rohtak and Assam respectively. Using this to their advantage, the Delhi Police contended that additional time would be required by the investigating agency in filing the verification report as their personnel would have to travel to these states. However, they walked out, and continue to speak up for the marginalised.

Doctor Kafeel Khan: Pediatrician and human rights activist Dr Kafeel Khan was sacked by the Uttar Pradesh state government recently, and has said that he will challenge it in court. According to Dr Khan this action of the government of UP comes even after he got a “clean chit from a court”. In 2017, Dr Kafeel Khan was accused of being responsible for the death of several children on the intervening night of August 10 and 11, 2017. These tragic deaths were reportedly caused because the state-run BRD Medical College Hospital ran out of oxygen on the fateful night. The Allahabad High Court had even stayed the Uttar Pradesh government’s decision of suspending Dr. Kafeel Khan, for the second time in 2019, for allegedly misbehaving with the staff at Bahraich District Hospital. 

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A 2020 Report of 10 Worst Victims of apathy: Dalits, Adivasis

A 2020 Report of Victims of apathy: People of Assam

2020 List of Honour: 10 Anti-CAA-NPR-NRC protesters vilified in Delhi

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