Human Rights Defenders Data Information Knowledge Solidarity

Bhima Koregaon case: NIA questions maintainability of plea by Prof Shoma Sen seeking quashing of charges against her  https://www.theleaflet.in/bhima-koregaon-case-nia-questions-maintainability-of-plea-by-prof-shoma-sen-seeking-quashing-of-charges-against-her/

In her petition, Professor Sen contends that

the evidence against her is unfounded and has been forged and planted on the laptops belonging to her and the co-accused persons, with a view to frame them.

In a reply affidavit filed on June 16, the NIA has opposed the grant of interim relief in the matter and raised preliminary objections regarding maintainability.

The larger reasons for these objections are

- the disputed nature of facts, (the NIA strongly rejects the report of M/s Arsenal Consultancy and the American Bar Association, stating that the parties have no locus standi in the matter- does that dispute the fact that the documents were planted?)

- the existence of an alternate remedy,(alt remedy under Sections 227 or 239 of the CrPC )

- the impossibility of considering documents before trial, (but alt remedy require considering documents,which means that alternative remedy is not a remedy at the moment

- the premature timing of submitting such documents, Section 482 says Nothing inCrPC  this Code shall be deemed to limit or affect the inherent powers of the High Court..  to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The planting of documents relied on to keep a person in jail without bail, definitely rises to the level of "abuse of process of court to secure the ends of justice. -- Would non consideration of evidence on the basis of locus standii, be an abuse of the process of law?  )

https://indianexpress.com/article/india/cleared-of-uapa-charges-two-regret-the-9-yrs-they-lost-7362540/

how do you give back years that you have confined somebody who is innocent. https://youtube.com/embed/y3Z5ME2ERhM?start=1007&end=1090  Is monetary compensation sufficient. Shouldnt the system pay by making changes, or develop legislation that will check whether public servants have done wrong. Did they do it in good faith, or something that was patently illegal? A mandatory judicial inquiry followed by a white paper for every incarceration of a year and above, if the person is proved to be innocent. Affidavit should be asked from each official right from the officer taking down the FIR, to the investigator, the procecutor, and published in the white paper, so that there is public scrutiny of all the events.

Post by TS: There were over 75 UAPA cases in the ten UPA years 85 % Muslims incarcerated and Mumbai ATS involved in many: the draconian law began to be used way back then

Prime Time With Ravish Kumar: 3 Student-Activists Arrested In Delhi Riots Case Released On Bail https://www.youtube.com/watch?v=y3Z5ME2ERhM Three student-activists, arrested for alleged role in Delhi riots case, walked out of Delhi's Tihar jail, hours after a court ordered their immediate release. Ms Narwal, Ms Kalita and Mr Tanha had moved the trial court for their immediate release after they remained imprisoned past the 1 pm deadline set by the High Court yesterday. They were ordered to be released on personal bonds of ₹ 50,000 each and two sureties of a similar amount.

https://www.indiatoday.in/india/video/delhi-hc-order-gives-us-lot-of-hope-and-strength-natasha-narwal-1816248-2021-06-17

Natasha says no regrets for what they did, but regret that the movement was cut short

https://www.livelaw.in/top-stories/delhi-court-devanagana-kalita-natasha-narwals-after-police-seek-time-for-address-verification-175797

https://twitter.com/HemantSorenJMM/status/1405034800730152966

https://indianexpress.com/article/cities/delhi/natasha-devangana-tanha-stay-in-custody-despite-bail-delhi-police-seeks-time-7362240/

HM in a post: The government knows that the case is fake, and conviction is very unlikely. The punishment is only by process, mainly almost indefinite incarnation without any opportunity to prove their innocence

S, PUCL in a post 

Once bail is granted, delaying release makes the custody illegal and the remanding judge is accountable for the illegality.

You have Chandrachud's ruling in Arnab Goswami case pontificating how right to life and liberty is sacrosanct and every hour of illegal custody is a violation of a person's rights.

https://www.livelaw.in/top-stories/delhi-court-releases-devangana-kalita-natasha-narwal-and-asif-iqbal-tanha-175836

SC Says Delhi HC's UAPA Bail Order Won't Have Precedent Value, but Protects Activists' Freedom https://thewire.in/law/supreme-court-uapa-bail-delhi-hc-narwal-kalita-tanha By holding that the high court judgments granting bail to the activists will have no value as precedents, the vacation bench of the Supreme Court appears to have gone against the ruling of another bench of the court recently.

On April 14, the Supreme Court bench of Justices D.Y. Chandrachud and M.R. Shah, deprecated the practice of passing orders suffixed with the caveat that the said order is not to be treated as a precedent on the ground of parity, especially in criminal matters. “It indicates a lack of confidence in one’s own order. My decision is my decision. Saying that it is not to be considered as a precedent shows a lack of moral conviction in one’s own viewpoint. If I feel that an order is vulnerable, I should not pass it at all,” remarked Justice Chandrachud. He added, “Also, it is for the other judge (who is likely to hear a similar matter) to decide if it can be treated as a precedent or not.”

With UAPA After Bengaluru Riot, Innocence Or Guilt Of 163 Men Is Immaterial MOHIT RAO 12 Oct 2020

A wife finds CCTV footage that could prove her husband innocent. He is among 163 Muslims charged—the largest number ever in Karnataka—with terrorism for a night of rioting in Bengaluru. But lawyers say it could be months, even years, before evidence is considered because the anti-terror law allows detention without bail or trial.