Civil society groups have been constantly urging the government to release prisoners in view of prison becoming Covid hotspots but the govt has been slow to act. Prisoners, especially those in their 50s or older should have been released much before coronavirus began to spread in prison. But such precautionary measures were not taken! Activists like Shoma Sen, Anand Teltumbde, Varavara Rao have been appealing to the government and the courts to release them in view of their old age and high level of risks but the appeals have been rejected in name of them being imprisoned under the draconian UAPA.-https://www.facebook.com/MumbaiRisesToSaveDemocracy/posts/1379970335543024?__tn__=K-R
The Supreme Court of India has repeatedly held that imprisonment does not deprive a prisoner of other fundamental rights that can be exercised consistently with detention. This logic should apply with more force to undertrials and doubly during a pandemic...One begins to wonder at such moments whether such vehement opposition to bail by NIA prosecutors who are seen to be a breed apart is politically motivated. Most of all, it is the Courts that need to wake up from their slumber and start focusing on issues of life and liberty, rather than issues of religion and reservations on a priority basis- - Indira Jaisingh https://theleaflet.in/the-extra-judicial-punishment-of-jailing-ailing-activists-during-covid-19/
None of the accused are flight risks, which is a primary consideration in granting bail applications even in non-pandemic circumstances. However, the state takes the support of draconian laws like NSA and UAPA to deny the activists their humanitarian and fundamental rights during a pandemic and a lockdown.- Megha Katheria https://theleaflet.in/crying-for-justice/
It is unjust that refusal of bail to Sudha Bharadwaj is based on inadmissible evidence: https://indianexpress.com/article/opinion/columns/sudha-bharadwaj-bail-rejection-uapa-6513800/. Yug Choudhary said in court...the only evidence against her was letters and documents recovered from other accused. Nothing objectionable was recovered from her or her devices. No witness statements were recorded by the police. None of the documents was signed by any of the accused persons. The authorship is not known. They do not bear any date. If produced in court during the trial, they would not be accepted as admissible evidence. The investigation is over and this is all that the police have...the present situation of police propaganda against so-called “terrorists” who expose the government’s criminal conduct, the purpose of prosecution is not to get a conviction ultimately, for the police themselves know that legal evidence is lacking, but to keep the accused as long as possible behind bars"
The last bastion of hope in such times is the Supreme Court of India. Time and again, in recent years, the Court has itself worked in ways to betray that trust. Rarely, though, it was by bending the rules of engagement. But even that has happened to protect particularly judges, and now SC appears to have brought that into criminal jurisprudence the mishandling of which will result in massive human rights abuses, and extend impunity to a police system eagerly willing to play to the piper’s tune.-l LS 21-july 2020
saurabh on 21 july: On the 15th of July, Anand Teltumbde turned 70 in a Mumbai jail where he has been imprisoned for the last 90 days.Regarded as one of India's best-known public intellectuals, Prof Teltumbde's legacy comprises 30 books, hundreds of essays, and decades-long critique of India's harsh caste system. His analysis of writings from across the world presents us with a scholarly body that lays the groundwork for organizing movements in India and his grassroots work leads Ambedkar's path for the young generation. Professor Anand Teltumbde Writes for a Revolution: Suraj Yengde https://youtu.be/x9q0SgoNI2c