Uwazi

A 50-year-old dalit RTI activist, Amrabhai Boricha, was reportedly hacked to death in Sanodar village, Bhavnagar district, Gujarat on March 2. About 50 men belonging to the Darbar (Kshatriya) caste allegedly attacked Boricha with spears, iron pipes and swords after barging inside his house. He succumbed to his injuries en route the hospital in Bhavnagar city.

“Around 50 members of the Darbars from our village passed by our home playing loud music when my father and I were standing outside. A while later, they returned and started throwing stones at us. When my father ran inside (for protection), they barged in and started attacking him with swords, spears and iron pipes, despite us having police protection,” said Boricha’s daughter Nirmala, who got injured in attempts to save her father and was rushed to Sir Takhtasinji General Hospital in Bhavnagar city. Nirmala has broken fingers and injuries on her head.

Notably, Amrabhai Boricha, from the sole dalit family of Sanodar village in Ghogha taluka, Bhavnagar, has been the target of several attacks allegedly by the upper caste men of his village since 2013.

A month ago, Boricha, a farmer by occupation, had approached Ghogha Police Station to file a complaint after an attempt of attack on him by members of the Darbar community of the village. However, sub inspector PR Solanki, a Darbar by caste did not take his complaint, claimed his daughter Nirmala.

In 2013, Boricha was severely injured and broke his leg in another attack. Following which, he had filed a complaint under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 against the Darbar men of his village. However, the accused got bail and had been harassing and pressuring Boricha to take back the case.

Following the attack on him in 2013, Boricha had also sought the right to keep arms for his protection but was instead granted two home guard personnel, who couldn’t prevent the attack that killed him, his daughter said.

After his daughter’s complaint was registered, 10 accused were booked and the sub-inspector of Ghogha Police Station, PR Solanki, was suspended. Two FIRs have been lodged – one against PR Solanki who has been accused of ignoring the victim’s concern regarding threat to his life and another against Bhailubha Gohil and 9 others.

The 10 accused have been booked under IPC sections 302 (murder), 307 (attempt to murder), 452 (house trespass after preparation for causing hurt, assault or wrongful restraint), 506 (2) (criminal intimidation), 324 (voluntary causing hurt with dangerous weapons or means), 294(b) (recital or singing abusive songs in public place), 120 B (unlawful assembly and rioting) and under SC/ST (Prevention of Atrocities) Act.

It is to be noted that this is not the first time that a dalit RTI activist has been killed by upper caste men in Gujarat. In 2018, Nanji Sondarva was reportedly killed by men belonging to the Darbar caste in Rajkot. A year later in May 2019, his son, 20-year-old Rajesh Sondarva, a complainant in the murder case of his father, was killed by the family members of the accused.

Sondarvas were provided police protection at their home since the murder of Nanji Sondarva but the accused attacked Rajesh on his way back home from work.

In June 2019, Manji Solanki, a dalit deputy sarpanch, was brutally thrashed by men allegedly belonging to the Darbar caste in Botad district. He died on his way to the hospital in Ahmedabad. Manji, who had earned the ire of the upper caste men of his village for helping dalits file cases under SC/ST (PoA) Act, had been attacked multiple times and sought police protection but denied.

In October 2020, Devji Maheshwari, a dalit activist, lawyer and a member of All India Backward and Minority Communities (BAMCEF) and Indian Legal Professionals Association, was reportedly killed in broad day light in Kutch district.

Local police held that Maheshwari was killed for his social media posts against Brahmins. However, his wife claimed that Maheshwari was attacked because he was involved in fighting for land and property rights of dalits of the area.

In 2019, a response to an RTI filed by a Gujarat-based dalit activist had revealed that 1,545 cases of caste-based atrocities had been filed that year – the highest since the year 2001, and included 22 cases of murder and 104 incidents of rape.

Newsclick

On March 22, 2021, the Special National Investigation Agency (NIA) Court in Mumbai rejected Mr. Swamy’s bail petition, arguing that there was sufficient evidence to prove his involvement in "deep-rooted conspiracy". His application for bail had been pending since November 2020.

The Observatory recalls that Mr. Swamy has been arbitrarily detained in Taloja jail since October 9, 2020, following his arbitrary arrest on October 8, 2020 by NIA officials for his alleged involvement in the Bhima Koregaon case. The case relates to caste-based violence that broke out on January 1, 2018, during Elgar Parishad, a Dalit commemoration of the anniversary of a battle the Dalits won 200 years ago against the Peshwas (upper caste rulers), at Bhima Koregaon, Maharashtra State.

On November 26, 2020, the NIA Court in Mumbai rejected Mr. Stan Swamy’s request for a straw, a sipper bottle, and winter clothes, which had been allegedly confiscated by the NIA at the time of his arrest. Mr. Swamy had lodged his request on November 6, 2020, as he is unable to hold a glass due to having an advanced stage of Parkinson’s disease. Furthermore, Mr. Swamy suffers from a hearing impairment, has fallen in the jail on multiple occasions, and suffers from severe pain in his lower abdomen as a result of two surgeries. On November 29, 2020, the Taloja jail authorities provided Mr. Swamy with a sipper bottle, following widespread outcry over the refusal to provide him with adequate medical care.

FIDH

On 9 March 2021, woman human rights defender Hidme Markam was arrested by Chhattisgarhpolice on several charges, including charges under the Unlawful Activities Prevention Act (UAPA)anti-terrorism law in relation to her alleged involvement in Maoist activities. The woman humanrights defender was arrested during an event in Dantewada in the State of Chhattisharh to markInternational Working Women’s Day, and to protest the custodial torture and sexual violence bypolice against Adivasi women in the State. Later that day, following her arrest, Hidme Markamappeared before a Magistrate and was remanded for 14 days in Jagadalapur prison. Hidme Markam is an Adivasi woman human rights defender advocating for indigenous rights,against police and state violence, and the impact of mining in the State of Chhattisgarh. She is theconvenor of the Jail Bandi Rihai Committee, a platform which advocates for the release ofthousands of Adivasi persons, particularly youths, criminalized and branded as Naxals and held inpre-trial detention. Hidme Markam is an anti-mining campaigner, focusing on projects led by largecorporations such as Adani Pvt Ltd., which threaten to destroy a sacred Adivasi hill, considered alocal deity by the community. She also campaigns against the detrimental ecological impact ofmining for the local area, resulting in the degradation of land and large bodies of water, and thedestruction of forests in the region. The woman human rights defender has also criticised theexpanding presence of military, police and para-military in the State. In 2019, she participated in apublic campaign against the establishment of a police camp in Potali by the Special Task Force andDistrict Reserve Guards. Advocating for the promotion of women’s rights and against physical andsexual violence against women by police and military officers is central to Hidme Markam’s work.Women in the State, especially from Adivasi communities, have been disproportionately affected byviolence and discrimination by officials. On 9 March, Hidme Markam participated in an event at Sameli, Dantewada to mark InternationalWorking Women's Day and to commemorate the death of two young women, one of whom wasconfirmed to have died whilst in police custody, in Chhattisgarh. The two women were reportedlysubjected to torture and sexual violence by officials whilst detained. Police officers arrested thewoman human rights defender at the event where approximately 300 villagers, community leadersand other women human rights defenders from the Jail Bandi Rihai Committee and ChhattisgarhMahila Adhikar Manch were present. The Sub-Divisional Magistrate also witnessed the arrest,having arrived at the event to engage with those attending. Fellow human rights defenders andcommunity members who attempted to oppose the woman human rights defenders arrest wereviolently pushed aside by the police officers. Multiple cases have been filed against Hidme Markamon charges under the regressive Unlawful Activities Prevention Act and others, a law that isroutinely used against human rights defenders in India response to their legitimate human rightsactivities. The exact charges against Hidme Markam are not yet known, and she remains inJagadalapur prison, and has been allowed access to her lawyer since her arrest.The woman human rights defender has engaged directly with high ranking state officials includingthe Chief Minister, Governor and Superintendent of Police of Chhattisgarh to seek redress, realisebasic fundamental rights and protection from harm for local communitiesaffected by the miningactivities in the region. She has worked peacefully with local authorities to address violationsagainst these vulnerable and oppressed communities, and represent the voices of members of thecommunities. Her arrest is in direct reprisal for her work, challenging powerful forces within theState, such as police, military and corporate interests. As a result of this work, the woman humanrights defender has faced threats and harassment in the past, culminating in her arrest on 9 March. Front Line Defenders condemns the arrest of woman human rights defender Hidme Markam as itbelieves she is being targeted as a result of her human rights work, advocating for the protection ofthe rights of Adivasi communities, especially Adivasi women in Chhattisgarh. Not only her arrest,but also the decision to carry out the arrest during an event marking the custodial torture of andsexual violence against two young Adivasi women, is particularly concerning. Front Line Defendersreiterates its concern regarding the use of the UAPA against Hidme Markam and other humanrights defenders in India, aimed at silencing them and their efforts to promote and protect humanrights in the country.

FLD

On February 12, Jammu and Kashmir police opened an investigation into Gul, a freelance journalist who contributes to The Kashmirwalla, for allegedly taking part in an illegal demonstration against home demolitions, according to Gul, who spoke to CPJ via phone, and news reports.

The investigation into Gul stems from an article he published on February 9, in which residents of Hajin, a town in Bandipora district, in north Kashmir, alleged that local government official Ghulam Mohammad Bhat had threatened them and forcefully demolished their homes, Gul told CPJ.

Gul said he believed the local authorities filed the complaint opening the investigation on Bhat’s instruction. In a text message to CPJ, Bhat denied having any role in filing the complaint.

The complaint alleges that Gul took part in an illegal demonstration opposing the demolitions on February 10, where he allegedly threw stones and shouted slogans, according to the journalist.

Police are investigating Gul for violating Sections 147 (rioting), 447 (criminal trespass), and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code, according to the journalist and The Kashmirwalla.

Gul denied partaking in such a demonstration, and told CPJ that he was in Srinagar, about 40 miles from Bandipora, on February 10.

Gul also told CPJ that the police had not given him a copy of the complaint, and have merely mentioned the counts on which he is being investigated. If charged and convicted, Gul could face up to two years of imprisonment under Indian law.

CPJ contacted Amritpal Singh, senior superintendent of police for Shopian, Colonel K. Arun of the army’s Additional Directorate General of Public Information, and Sajad Malik, police deputy superintendent of Hajin, for comment via messaging app, but did not receive any responses.

CPJ

On January 30, police in the state opened criminal investigations into Sharma, a reporter at The Kashmirwalla news website, and Junaid, a reporter at The Kashmiriyat news website, for alleged incitement, according to various news reports and Fahad Shah, editor-in-chief of The Kashmirwalla, and Qazi Shibli, news editor of The Kashmiriyat, both of whom spoke to CPJ in phone interviews.

The investigation into Sharma and Junaid concerns reports they published on January 27 in The Kashmirwalla and The Kashmiriyat, which each quoted the chairperson of a school in the southern Kashmiri city of Shopian, who said Indian Army authorities had pressured the school to celebrate Republic Day, according to Shah and Shibli. After those articles were published, the school issued a statement denying that it had received pressure from authorities, according to the news website Scroll.in. Shah told CPJ that The Kashmirwalla outlet stands by its story.

The investigation is based on a complaint filed to police by an unnamed army official, who accused Sharma and Junaid of spreading “fake news,” which poses “serious concerns for security of [the] region as they can cause riots & create problems for law & order situation for public & armed forces,” according to a copy of the complaint reviewed by CPJ and Scroll.in.

The complaint accuses the journalists of violating Sections 153 (wantonly giving provocation with intent to cause riot) and 505 (statements conducing to public mischief) of the Indian Penal Code. The complaint also accuses The Kashmirwalla and The Kashmiriyat, as corporate entities, of the same offenses.

Both Shah and Shibli told CPJ that their reporters were not given copies of the complaint, and they found out about the police investigation through social media. If charged and convicted, Sharma and Junaid could face up to three years in prison under Indian law.

On February 2, a court rejected Shah and Sharma’s petition for pre-emptive bail, which would exempt the journalists from detention during the investigation, and both are now petitioning Jammu and Kashmir High Court, Shah told CPJ.

CPJ

Barkha Dutt, who often reports for the Washington Post and runs a YouTube local news channel called MoJo Story, told RSF that she regards the accusation brought against her, in the form of a police “First Information Report” (FIR) on 21 February, as a “harassment attempt” and “pure intimidation.”

The accusation concerns Dutt’s coverage of the death of two teenage girls who are Dalits (members of the Indian group formerly known as “untouchables”). They were found poisoned in a field in Uttar Pradesh’s Unnao district after going missing on 17 February.

The FIR names Dutt’s Twitter account, @themojostory, along with seven other Twitter accounts, including those of several politicians who claimed the girls were sexually assaulted. The MoJo Story report never claimed this, but the FIR says it did. Dutt’s request for a copy of the FIR has been refused by the police, thereby preventing her from legally disputing the accusation.

Lumped together “The police are deliberately lumping together unverified comments by politicians with the MoJo Story’s rigorous journalistic reporting,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “This is clearly a case of judicial harassment aimed at silencing any independent investigative coverage of this case. We urge the Uttar Pradesh prosecutor’s office to immediately dismiss this accusation, which is not based on any credible evidence, and furthermore violates the criminal procedure code by denying Barkha Dutt access to the case.”

According to the police, Dutt is accused under criminal code article 153 of “wantonly giving provocation with intent to cause riot,” which is punishable by up to a year in prison. The police were almost certainly annoyed that her reporting included interviews with members of the family of the two murdered girls, who said the police pressured them to quickly cremate their bodies.

This is a highly sensitive claim coming just five months after the alleged gang-rape and subsequent death of a 19-year-old Dalit woman in Hathras, another Uttar Pradesh district, in September – a case that received a great deal attention throughout India, as RSF reported at the time.

Blocked access After the young woman died of her injuries in hospital, the police quickly cremated her body the next day, fuelling speculation that they wanted to destroy evidence. The police then blocked access to the district to prevent reporters from interviewing the family.

As she reported in a tweet at the time, Dutt tried to circumvent the police roadblock by walking several kilometres across fields but the police caught her, put her in a police van, and deposited her back on the road, outside the sealed-off area.

India is ranked 142nd out of 180 countries in RSF's 2020 World Press Freedom Index.

RSF

On January 29, 2021, the villagers of Nagepur held a rally and dharna in Nagepur, Varanasi under the banner of "Lok Samiti Sanstha". Copies of new agricultural law and effigy of central government were burnt in protest and the participants demanded withdrawal of all three agricultural laws and to remove fake cases against farmers. The protest ended peacefully. After the protest, there were several newspaper and social media reports regarding this protest in the village adopted by the Prime Minister Mr. Narendra Modi. Around 9:00 pm, Mr. Nandlal was informed by an unofficial call that a FIR is being registered on him. On January 29, 2021, at 11:34 pm an FIR was registered by Mr. Parveen Kumar Mishra, Sub-Inspector, Mirzamurad police station, Varanasi, under IPC Sections 188- (disobedience to order duly promulgated by public servant); IPC 504- (intentional insult with intent to provoke breach of the peace.); IPC 270- (malignant act likely to spread infection of disease danger-ous to life); and, IPC 269 – (negli ent act likely to spread infection of disease danger-ous to life.) On February 02, 2021, Mr. Mishra and another policeman reached Nagepur with a notice which asked the above named HRDs to assist in the investigation and to appear at the summons of the court if the need arises. The names of five people are listed in the FIR but Ms. Anita's name was not in the notice. Rather, the new name is Ms. Chandramukhi, another WHRD in Nagepur, Varanasi. It is beyond comprehension, why one of the names listed in the FIR was removed from the notice and a new name is inserted in notice.

Information shared by a FORUM-ASIA member

A 22-year-old Indian climate activist has been arrested after sharing a document intended to help farmers protest against new agricultural laws.

Police said Disha Ravi was a "key conspirator" in the "formulation and dissemination" of the document.

The "toolkit", which suggests ways of helping the farmers, was tweeted by prominent activist Greta Thunberg.

Activists say Ms Ravi's arrest is a clear warning to those who want to show support to anti-government protests.

Tens of thousands of farmers have been protesting for more than two months over the laws, which they say benefit only big corporations.

The new legislation loosens rules around the sale, pricing and storage of farm produce which have protected India's farmers from the free market for decades.

The farmers' protests mark the biggest challenge India's Prime Minister Narendra Modi has faced. His government has offered to suspend the laws but the farmers want them replaced altogether. What do we know about Disha Ravi's arrest?

Ms Ravi, one of the founders of the Indian branch of the Fridays for Future climate strike, was arrested by Delhi police.

In a statement posted on social media on Sunday, police said she had "collaborated" to "spread disaffection against the Indian State".

It said she was an editor of the document and had shared it with Swedish climate activist Ms Thunberg.

Officials said Ms Ravi would be held in custody for five days. No formal charges have been announced.

Police have said the toolkit suggested a conspiracy in the run up to a huge rally on 26 January, which saw protesting farmers clash with police.

"The call was to wage economic, social, cultural and regional war against India," Delhi Police Special Commissioner Praveer Ranjan said earlier this month.

"We have registered a case for spreading disaffection against the government of India - it's regarding sedition - and disharmony between groups on religious, social and cultural grounds, and criminal conspiracy to give shape to such a plan," he added.

Jairam Ramesh, a former minister and lawmaker for the opposition Congress party, called Ms Ravi's arrest and detention "completely atrocious".

BBC

The Enforcement Directorate (ED), the specialised investigation agency under the revenue department, started its raid at eight locations of the digital news portal on February 9 in response to a Delhi Police First Information Report(FIR) alleging Newsclick was involving in a money laundering operation. Police alleged Newsclick received foreign funding of ₹30 crore (USD 4.1 million) from a now “defunct US company". Raids also targeted six staff members’ residences the same night while Newsclick offices search stretched out over 38 hours. The raid at the home of editor-in-chief and founder, Prabir Purkayastha, lasted 113 hours, ending finally at 1.30 am on February 14. During the raid, ED officials blocked 73-year-old Prakayastha from leaving his house. ED officials are yet to disclose any findings from the raids.

During the raid, ED officials seized communication devices of Newclick directors and senior management which impacted their ability to continue regular work. In a statement on February 10, Newsclick said it fully cooperated with officials. It however, claims that the raid was an attempt to silence those who refuse to toe the Indian establishment line.

NewsClick revealed that staff and shareholders whose homes were raided were also questioned about their links to the Communist Party of India (Marxist), the recent farmers’ protests and jailed rights activist Gautam Navlakha. Reports suggest the raid was a retaliation for Newclick’s ground reports and analytical videos from the recent farmers’ movement in India.

Such raids are a routine tactic and practice of the Modi government, by which government agencies are used to intimidate journalists and suppress adversarial journalism. The government has a pattern of misusing laws such as sedition and defamation law, the Disaster Management Act, the draconian Unlawful Activities (Prevention) Act (UAPA), the Information Technology Act, among others to silence the critics and harass dissidents. In October 2018, India’s Income Tax Department also raided the offices of respected news website The Quint.

IFJ

The family of jailed activist Nodeep Kaur, a labour rights activist, who has been in custody for about a month for protesting against the contentious farm laws, has said they will move the High Court of Punjab and Haryana for her release. Kaur was denied bail on Wednesday, February 3, by a Sessions Court in Sonipat. A member of the Mazdoor Adhikar Sangathan, Kaur was arrested on January 12 after she had participated in the farmer's protests at Delhi's borders. Kaur has been charged under Section 307 (attempt to murder) and extortion. Kaur's family has alleged that she was assaulted by the cops when she was in custody, Scroll.in reported. "The allegations against my sister are false," Rajvir, Kaur's sister said. "Nodeep joined the [farmers'] protest at Singhu in November. She was also fighting for labourers who didn't get wages regularly. On January 12, she was protesting near a factory in Kundli when police picked her up...I met her and she told me cops assaulted her in custody," she added. Advocate Amit Shrivastav, representing Kaur in the case alleged that the activist had been thrashed by the police at the station. The police, however, have denied the allegations "being circulated on social media platforms about illegal detention and harassment." The activist was kept in the ladies' waiting room "for the entire time and was accompanied by two female police personnel for the entire duration of her stay," the police said. A medical examination which was conducted after she was arrested revealed injuries on her body and private parts. "This points to the fact that Nodeep was sexually assaulted in police custody," Kaur's lawyer alleged. The police, however, claimed that Kaur had refused a "special medical examination by a lady doctor for sexual assault, saying she does not want to be examined as she was not assaulted." The police said Kaur and other members of the Mazdoor Adhikar Sangathan were attempting to break into a factory in Kundli for "illegal extortion under the garb of workers' unpaid salaries". When the police tried to mediate, members of the Mazdoor Adhikar Sangathan attacked them and injured seven cops, the police said. Denying her bail on Wednesday, Sessions Judge YS Rathor said that there were two FIRs lodged against her. "In view of the gravity of offence, the applicant does not deserve concession of bail and bail application is dismissed," the judgement read. Kaur's arrest received international attention after Meena Harris, the niece of United States Vice President Kamala Harris took to Twitter to write about how the activist was tortured in police custody.

Logical India

Thousands of farmers blocked major highways and crucial roads across the State around 170 points on Saturday afternoon as part of a national ‘chakka jam’ call given by Samyukta Kisan Morcha, a coalition of farmers’ unions protesting against the three new farm laws.

Police detained protesters at most places where roads were blocked. In Bengaluru, farmers and Kannada organisations blocked roads at two critical junctions – Yelahanka and Mysore Bank Circle – but were detained minutes later. Vehicular movement in these areas was not affected, said the police.

Farmer leader Kuraburu Shantakumar, who led the road block protest at Yelahanka, said the police detained three groups of farmers who tried to block roads one after the other. “Our only demand is that the Union government withdraw the three farm laws. But today's protest is also against how the Union government is treating farmers, booking false cases and using brute force of the police against protesters,” he said.

Farmers blocked Bengaluru-Mysuru highway at Mysuru, Mandya and Ramanagaram, Ballari Road at Devanahalli and Chikkaballapur, Bengaluru-Chennai highway at Kolar, Bengaluru-Bidar highway at Kalaburagi and Shahpura, and several key junctions on Tumakuru Road and in Belagavi, Davanagere, Raichur and Koppal, among other places. At several roadblock points, farmers came with bullock carts and cattle, and in many places even cooked on roads.

A statement from Samyukta Horata - Karnataka, a coalition of farmer, Dalit and progressive organisations, termed the protests in the State a success. They demanded that the Centre immediately stop harassing protesting farmers at the Delhi borders, and heed their demands and withdraw the three farm laws.

Meanwhile, senior Kannada activist Vatal Nagaraj condemned Karnataka Chief Minister B.S. Yediyurappa for ‘blindly following the diktat of the Centre’.

Hindu

The police have filed a case against seven people, including Congress leader Shashi Tharoor and journalist Rajdeep Sardesai, for allegedly “misreporting” and “spreading disharmony” during the clashes between the police and the protesting farmers on Republic Day.

The FIR was filed on Thursday night by Gurugram Police on the basis of a complaint by Jharsa resident Pankaj Singh (34), who works with a private company. The police said the complainant has accused Tharoor, Sardesai and five other journalists of spreading “false and misleading information”.

Karan Goel, assistant commissioner of police (DLF), said that the police would probe the complaint that the suspects had spread fake news accusing the Delhi police of the murder of a person who was driving tractor during the riot in the Capital on Republic Day. “Gurugram Police has begun an investigation into the matter,” said Goel.

On Tuesday, thousands of protesting farmers had clashed with the police during the tractor rally called by farmer unions to highlight their demand for repeal of the Centre’s three farm laws.

A case under sections 120B (criminal conspiracy), 124A (sedition), 153-A (promoting enmity between different groups), 153-B (imputations, assertions prejudicial to national integration) and 505(2) (statements creating or promoting enmity) of the Indian Penal Code (IPC) was registered at the Cyber police station of Gurugram.

“I filed a complaint with the Gururgam Police on Thursday and attached the social media posts from the suspects Twitter handles. I was deeply aggrieved by widespread riots on Republic Day in the national Capital,” said Singh. “I am a middle-class person with no political affiliation,” he further added.

The journalists named in the FIRs are Rajdeep Sardesai, Mrinal Pande, Vinod Jose, Zafar Agha, Paresh Nath and Anant Nath. The Editors Guild of India has condemned filing of police cases against them.

"The journalists have been specifically targeted for reporting the accounts pertaining to the death of one of the protestors on their personal social media handles as well as those of the publications they lead and represent. It must be noted that on the day of the protest and high action, several reports were emerging from eyewitnesses on the ground as well as from the police, and therefore it was only natural for journalists to report all the details as they emerged. This is in line with established norms of journalistic practice," the Editors Guild said in a statement.

Hindustan Times | NDTV

The Uttar Pradesh Police on Saturday filed a first information report against The Wire’s Founding Editor Siddharth Varadarajan for tweeting an article published on the news website reporting that the farmer who was killed during a tractor rally on Republic Day had died in police firing.

The article, published on Friday, cited the family of Navreet Singh. They rejected the Delhi Police’s claims that the farmer had died after his tractor overturned. The family has alleged that the man was shot.

A case under Indian Penal Code Sections 153-B (imputations, assertions prejudicial to national-integration) and 505(2) (statements conducing to public mischief) has been filed in the state’s Rampur district. The FIR was filed on a complaint by one Sanju Turaha, a resident of Rampur district, according to The Print.

The FIR referred to Varadarajan’s tweet from Saturday in which he shared The Wire’s article. It stated that report was presented in a manner which made it seem like the doctor, who conducted the autopsy of the farmer, had confirmed that he died of a bullet injury, reported The Print.

“As a result, Rampur’s people have become resentful, and tension has increased,” it added. “This post certainly seems to be a part of a conspiracy to incite violence with the aim of making an unfair profit by harming the general public.”

In the article, Hardeep Singh Dibdiba, Navreet Singh’s grandfather, claimed that one of the doctors told him about a bullet wound. “We were told by the doctor that they have clearly seen the bullet injury, and then we cremated his body peacefully,” Dibdiba was quoted as saying by The Wire. “But we were cheated, as the [postmortem] report that came out did not say that. The doctor even told me that even though he had seen the bullet injury, he can do nothing as his hands are tied.”

However, the doctors have refuted this. The postmortem analysis, done on January 27 at 2 pm, said that the “cause of death is shock and haemorrhage as a result of ante-mortem head injury”. The Delhi Police has also claimed that this was the cause of death. The Rampur district magistrate also clarified that no other official statement was made from the side of the authorities.

The Wire’s report had included these statements by the police and doctors rejecting the family’s claims.

However, the FIR alleged that the article had wrongly quoted the government medical officer in order to “incite” the general public, reported The Print.

It said that Singh’s postmortem was conducted by three panel doctors and was duly videographed. It added that all the three doctors have denied giving any such statement to anybody. “Despite this, the tweet has not been removed yet,” the FIR stated, adding that post was intended to “disturb peace and law and order” by “intentionally posting provocative posts through social media- Twitter without knowing the right facts”. Rampur DM had tweeted the article could cause ‘law and order problem’

On Saturday evening, the Rampur district magistrate responded to Varadarajan’s tweet sharing the article. “We ardently request you to please let’s be sticking to facts and facts only,” he wrote. “We hope our request will be sincerely taken up by you.”

The district magistrate also attached a denial note by the three government medical officers who conducted the postmortem, claiming that none of them had spoken to anybody from the media, or made any statement about the autopsy.

In response, Varadarajan informed the DM that The Wire report had been updated to include the official declaration by the three doctors. To this, the DM responded, “Hope you understand your story could cause a law and order problem here. It has already caused tensed situation here. Responsibility?”

Meanwhile, Varadarajan on Sunday morning reacted to the FIR registered against him. “What’s the IPC [Indian Penal Code] provision for ‘malicious prosecution’,” he asked. “Here is the UP Police indulging in it, filing an FIR against me for tweeting about what the grandfather of farmer who was killed in the tractor parade had said on the record!”

In a separate tweet, the journalist wrote: “In UP, it is a crime for media to report statements of relatives of a dead person if they question a postmortem or police version of cause of death.”

Several states have registered cases against journalists who have reported on the death of the farmer on January 26. The Editors Guild of India has described the action as a concerted attempt to “stifle and harass” media.

The Delhi Police on Saturday became the fifth one to file a case against Congress MP Shashi Tharoor and six journalists for allegedly sharing unverified news about Singh’s death.

Besides Tharoor, the police named India Today journalist Rajdeep Sardesai, National Herald’s senior consulting editor Mrinal Pande, Qaumi Awaz editor Zafar Agha, The Caravan magazine’s editor and founder Paresh Nath, The Caravan editor Anant Nath and its executive editor Vinod K Jose.

The Uttar Pradesh Police was the first to file an FIR against the seven in Noida that includes charges of sedition, followed by a similar case filed by the police in Madhya Pradesh. Other FIRs were registered in Gurugram and Bengaluru on Friday, and in Noida on Thursday. Farm law protests

Tens of thousands of farmers have been camped on the edge of New Delhi for over two months, seeking the repeal of agricultural laws passed in September. The protests had largely been peaceful but violence erupted on January 26, when a tractor rally planned to coincide with Republic Day celebrations turned chaotic.

Some protestors broke through barricades and poured into the city, clashing with the police that tried to push them back with tear gas and a baton charge. Besides the death of one protestor, several others, including 300 Delhi Police personnel were also wounded.

The Delhi Police said on Saturday that 84 people have been arrested and 38 first information reports filed so far in connection with the violence.

Several farmer leaders, including Swaraj India President Yogendra Yadav and Bharatiya Kisan Union’s Haryana unit President Gurnam Singh Chaduni, were named in one of the FIRs filed by the police.

The police have alleged that farmer leaders made inflammatory speeches, and were involved in the violence during the tractor parade. Farmers have denied the allegations and blamed “antisocial elements” for the chaos.

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Several journalists from Indian media group iTV were threatened, heckled and physically assaulted by unidentified assailants during a Republic Day tractor rally in New Delhi on January 26. The International Federation of Journalists (IFJ) and its Indian affiliate the National Union of Journalists – India (NUJ-I) condemn the attacks.

Aishwarya Jain, Ajit Shrivastava, Priya Singh and Aditya Nair, working for the iTV-owned NewsX and India News outlets, suffered verbal abuse, pelting with stones and intimidation during the rally by members of the crowd. Jain was caught and beaten while Shrivastava was thrashed with sticks.

Thousands of farmers, protesting controversial agricultural reforms, stormed New Delhi’s historic Red Fort in a convoy of tractors, horses and foot protesters. They called for the removal new laws that will greatly reduce the earnings of small farmers and favour large corporate farms. Despite calls for a peaceful protest, demonstrators clashed with police and breached barricades, shouting slogans denouncing Indian Prime Minister Narendra Modi’s ‘black laws’.

The News Broadcasters Federation (NBF) condemned the attack, expressing “deep concern and anguish” at the threats to media personnel during the rally and called for the arrest of the assailants. ITV network also appealed to authorities to take action to ensure “free, fair and fearless journalism thrives in India and no journalists threatened and intimidated for simply doing their duty.”

India remains a dangerous nation for media workers with Indian journalists often targeted for their reporting on land and gang disputes. According to IFJ documentation, eight Indian journalists were killed in deliberate attacks during 2020, with many more suffering violence and abuse.

NUJ-I president, Ras Bihari, said: “In addition to the attack to journalists, many female journalists have complained of molestation and misbehavior during the protest. NUJ (I) condemns the attack and demands immediate arrest of the persons responsible for it.”

NUJ (I) said it will file complaints to the Prime Minister, the Union Home Minister and the Press Council of India regarding the misconduct.

The IFJ said: “This latest incident in New Delhi, along with the escalating frequency of journalist attacks in India, highlights the dire situation of press freedom in India. This verbal and physical assault of journalists must be met with swift prosecution of all perpetrators.”

IFJ

In a social media statement, Dixit revealed that at around 9pm on January 25, an unidentified person attempted to break into her house in Delhi, fleeing when she shouted and opened the door. The incident follows a series of harassment and intimidation attempts, including threats of rape, acid attack and murder, by an unidentified group since September 2020. According to the statement, Dixit said the threats were entirely related to her role as a journalist. Several mobile numbers and different voices were used to threaten her. She further stated that the stalkers also target her partner.

Dixit received the first telephone threat in September 2020 while at a market. The unknown voice threatened, “Sabzi lay rahi hai na tu. Bada reporter banti hai. Jaan jayegi teri” (translating to “You are buying vegetables, right? You think you are a big shot reporter? You will die.”). The calls have increased in frequency, coming from different unidentified numbers. Dixit has filed a complaint with local police.

Dixit, whose stories have been published in The New York Times, Al-Jazeera, Caravan and The Wire, is known for her ground-breaking investigative stories concerning female trafficking in Assam and gender-based violence against minority women during the Muzaffarnagar riots.

A global survey by the International Center for Journalists (ICFJ) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2020 highlights the widespread online abuse, harassment, threats, and attacks suffered by female journalists. In accordance with these findings, there have been many instances of attempted character assassination, doxing (disclosure of personal identifying information) and even threats of physical and sexual violence against female journalists in India.

IFJ

Seeking an end to house detention of National Alliance of People’s Movements (NAPM) national convenor Richa Singh and withdrawal of notice issued to activist Ramjanam under the Goondas Act, NAPM has said in a statement that the Uttar Pradesh police’s action is “arbitrary”, underlining, “The farmers’ movement cannot be quelled by detaining activists and protestors.” Asking the Uttar Pradesh government to “stop the draconian clampdown on democratic rights” in the state, NAPM said, these incidents are part of “a broader pattern” of stifling “democratic rights of activists and leaders of farmers’ organisations across Uttar Pradesh and in other states of India”, adding, “It reflects a rising trend to suppress voices of dissent and people’s demands, contravening the Supreme Court’s stand that protest is people’s constitutional right.” National Alliance of People’s Movements is deeply agitated at the arbitrary house detention of Richa Singh, founder member of Sangtin Kisan Mazdoor Sangathan, national convenor of NAPM, and a committed activist who has been working with women, workers, dalits and farmers for three decades in Sitapur, Uttar Pradesh. The UP police have detained her since the evening of 7th Jan, without an order or appropriate explanation. Circumstances of the house detention of Richa On January 7, Richa Singh was stopped by the police, as she was joining the tractor rally in support of the farmers’ protests, in Sitapur, UP. While she was permitted to join the rally after speaking to the authorities, she was followed by two plainclothes police personnel. On the evening of the same day, she was placed under house arrest and prevented from accessing medical care in Lucknow. The Sitapur kotwal, the City Magistrate and the CO, visited her house but were unwilling to provide more than ambiguous information regarding the reasons for her detention. Lack of clarity regarding reasons for detention In spite of multiple attempts to learn the reason why she has been placed under house arrest, the authorities only indicated that, based on ‘information’ they had received, they suspected she intended to join the farmers’ protests in Delhi. The details of this information have not been shared with her, contravening Richa Singh’s civil rights to be informed of the basis for her house arrest. There also does not seem to be an order for the arrest. The authorities refused to take into account her repeated attempts to indicate that her intention was to visit a doctor in Lucknow, rather than join the farmers’ protests in Delhi. At the same time, participation in the farmers’ protests in itself could not have constituted grounds for house arrest, by any stretch of imagination. Targeted state suppression of protest All these incidents are part of a broader pattern of arbitrary detentions of democratic rights activists and leaders of farmer’s organisations across Uttar Pradesh and in other states of India. It reflects a rising trend to suppress voices of dissent and people’s demands, contravening the Supreme Court’s stand that protest is people’s constitutional right. Leaders and activists from various states, as well as members of the civil society, have been placed under house arrest and prevented from showing solidarity with the farmers’ protests from the beginning of the movement, including from holding local protests and joining the movement in Delhi. While this often takes place in the name of preventing the spread of the Coronavirus, it is in circumstances such as the present house arrest that the actual intention of the authoritarian State to clamp down on dissenting voices becomes clear.

Counterview

A court in Gujarat’s Kutch district on Tuesday issued an arrest warrant against senior journalist Paranjoy Guha Thakurta in a defamation suit filed by the Adani Group.

Judicial magistrate Pradeep Soni issued a direction to the Nizamuddin police station in New Delhi, asking them to arrest Thakurta, who “stands charged with complaint under section 500 of IPC [defamation]”, according to news agency PTI.

The Adani Group had filed the defamation suit following a June 2017 article that said the Narendra Modi government tweaked rules relating to special economic zones which gave the group a “Rs 500 crore bonanza”.

Thakurta’s lawyer told PTI that they haven’t received any intimation (from the court). “This information (on arrest warrant) has come to us from media,” Anand Yagnik said.

He added said the Adani Group had withdrawn complaints against everybody but not against his client.

“The magazine (which published the article) is not responsible (for criminal defamation), the case against co-authors has been withdrawn but you don’t withdraw the complaint against [another] author,” he said. “We have moved a discharge application.”

With the pandemic affecting court hearings last year, the case filed by Adani had come up before the court on Monday and the court had said it will pass an appropriate order, he added.

The article was first published by Economic and Political Weekly on June 14, 2017, of which Thakurta was the editor-in-chief at the time. The Wire had then republished the piece on June 19, 2017.

While EPW removed the article after receiving notices from the Adani Group, The Wire contested the application for an injunction. In May 2019, the group withdrew all its cases against The Wire.

Thakurta resigned as editor of EPW after its publisher Sameeksha Trust ordered the editorial department to take the article down.

In a statement issued on Wednesday, The Wire has said:

“Paranjoy Guha Thakurta and two other authors wrote an article for the Economic and Political Weekly in 2017 on the Adani group, which was republished subsequently by The Wire.

While the Adani group had initiated both civil and criminal defamation against the three authors and The Wire in 2017, the proceedings against The Wire and its Editors were unconditionally withdrawn in 2019, as were those against two of the three authors of the article.

We are dismayed to see that the case of civil and criminal defamation against Paranjoy Guha Thakurta has not been withdrawn.

The Wire wishes to place on record its stand that the article itself is legitimate expression and not defamatory in the least.”

Wire

The Supreme Court on Friday initiated contempt proceedings against stand-up comedian Kunal Kamra and cartoonist Rachita Taneja for scandalising the court and the highest judiciary with their tweets.

A three-judge Bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah issued notice asking Mr. Kamra and Ms. Taneja to show cause why they should not be punished for contempt of court.

Both Ms. Taneja and Mr. Kamra have been exempted from personal appearance in court. Usually, persons facing contempt action have to be present during the hearing.

The notice to them is returnable in six weeks.

On Thursday, the Bench had heard petitioners seeking contempt action against the duo and decided to pass its orders after a day.

The petitioners, mostly law students and lawyers, had moved the Supreme Court after getting the statutory consent for contempt action from Attorney General K.K. Venugopal.

In the case against Mr. Kamra, law student Shrirang Katneshwarkar’s counsel Nishant Katneshwarkar had submitted that the tweets by the comic were scandalous.

Mr. Katneshwarkar had given a date-wise chronology of the various tweets of the comedian.

Mr. Venugopal had consented to contempt action against Mr. Kamra, saying the tweets were grossly vulgar and obnoxious.

Mr. Kamra had refused to apologise or retract the tweets. Instead, he had tweeted that he wished to “volunteer” the time that may be allotted for hearing his contempt case to others “who have not been as lucky and privileged as I am to jump the queue”.

The AG had also found Ms. Taneja’s cartoons, which she had tweeted, scandalous with an intent to undermine the judiciary. The cartoons concern the top court’s grant of bail to Republic TV editor-in-chief Arnab Goswami.

Mr. Venugopal had, in his consent letter, said the tweets carried the “gross insinuation” that the court had “ceased to be an impartial organ of the State”.

Hindu

The Kashmir Walla’s account was suspended without any possibility of appeal on 31 December following the retweeting of an article about the use of violence by Indian security forces against a religious procession in Kashmir – an article that the magazine published last August.

“The tweet attracted attention from Twitter users who we believe are part of right-wing social media cells and who may have reported the tweet en masse,” The Kashmir Walla editor Fahad Shah told RSF.

India’s ruling Bharatiya Janata Party has an “IT cell” (information technology cell) that is notorious for manipulating social media algorithms in order to get the accounts of critical journalists and media outlets suspended automatically. This troll army was one of the world’s 20 worst digital predators that RSF named in March 2020.

Shad added: “It is unfortunate that we – as an independent and credible news source from Kashmir – were not given a chance to respond before the restrictions were placed on our Twitter account. Moreover, Twitter hasn't responded to the appeal that we filed.”

Total opaqueness

“We call on Twitter India’s administrators to restore The Kashmir Walla’s account immediately,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “The total opaqueness surrounding the social media’s easily manipulable algorithms has been extremely prejudicial to press freedom in this case. As well as transparency, we ask Twitter to act responsibly by creating a channel through which this kind of sudden blocking can be challenged.”

In order to combat this kind of exploitation of social media algorithms by unreliable information providers, RSF has created the Journalism Trust Initiative, which is designed to give a competitive advantage to journalism that respects ethical standards – the kind of journalism to which The Kashmir Walla is committed.

India is ranked 142nd out of 180 countries in RSF's 2020 World Press Freedom Index.

RSF

On 7 January 2021, the Guwahati High Court rejected the bail plea of human rights defender, Akhil Gogoi. The defender has been in jail since 12 December 2019, in connection with a case relating to the Anti-Citizenship Amendment Act (CAA) protests, filed by the National Investigation Agency (NIA). Since his initial arrest, multiple First Informations Reports have been booked against him, all relating to the anti CAA protests, with charges including sedition. While in detention, in July 2020, Akhil Gogoi tested positive for COVID-19 and was moved to a hospital for immediate care.

A special NIA court had previously granted bail to Akhil Gogoi in one of the cases being probed by the NIA. Currently, the defender is being detained at the Guwahati Central Jail.

FLD

Anti-caste activist Harshali Potdar was briefly arrested by Mumbai’s MRA Marg police on Monday afternoon for sharing an allegedly inflammatory Facebook post in March 2020. By evening, she was released after being made to fill out several arrest forms.

Potadar’s application for anticipatory bail in this case had been rejected by a sessions court on January 6.

The police had filed its case against Potdar on April 4, 2020, accusing her of sharing a post by a Facebook user, Mohsin Sheikh, who blamed the Central government for targeting the Muslim community and the Tablighi Jamaat group with claims that it was responsible for spreading Covid-19 in India.

The first information report claims the post appealed to Muslims to act against Brahmins, and has booked Potdar under Section 153A (1) of the Indian Penal Code, dealing with promotion of communal disharmony.

In a Facebook live video she shared after her release, Potdar denied sharing any such post. “I have given them [the police] my statement before, whenever they have asked for it – I have not shared that post,” said Potdar in the video. “But even if the police claims I have shared it, they have listed me as accused number one, and the person who wrote the post has been listed as accused number two. And the FIR also claims the post was deleted within 30 minutes.”

Potdar was arrested despite the Supreme Court itself criticising the Central government for its handling of the media coverage of the Tablighi Jamaat event. In October and November 2020, the Supreme Court pulled up the government for its inaction towards media channels that had communalised the Jamaat event. Connection to Bhima Koregaon

Potdar’s lawyer Ishrat Ali Khan also refuted these charges against her client. “She is being targeted because of her connection with the Bhima Koregaon case and because of her involvement in several protests and dharnas,” she said.

Potdar is a member of the Republican Panthers Caste Annihilation Movement, and was one of the organisers of the Elgar Parishad event that took place in Pune city on December 31, 2017 – a day before caste-based violence broke out near Bhima Koregaon in Maharashtra’s Pune district.

At least 16 activists and intellectuals have been arrested since June 2018 for allegedly conspiring to provoke the Bhima Koregaon violence. Meanwhile, no major action has been taken against two right-wing Hindutva leaders – Sambhaji Bhide and Milind Ekbote – who have also been accused of making provocative speeches before the Bhima Koregaon vioence.

Although Potdar was one of the accused in the case, she has not been arrested or charge-sheeted for it so far.

In her Facebook video on Monday, Potdar claimed her arrest was an intimidation tactic, likely because organisers of the 2017 Elgar Parishad have announced another Elgar event in Pune on January 30 in support of the 16 arrested activists.

“Through such false cases, the police is trying to spread fear among activists working in the Ambedkarite and progressive movements so that they don’t come forward to do their work,” Potdar said. “But they will not be able to silence us like this.” Unauthorised arrest

Potdar has also questioned the MRA Marg police about the manner in which she was arrested while she was in a public place. “I was eating in a restaurant with a few activist friends when four or five police officials in civil dress surrounded us and demanded that I go to the police station with them,” Potdar said in the Facebook video. The officials did not have any summons or arrest warrant, she said, and refused to tell her why they wanted to arrest her. “They also asked me to surrender my phone, which I refused to do, since they did not have a seizure panchnama.”

At the police station, she was not allowed to speak to her lawyer or activist friends, and was told about the case in which she was arrested only after making her fill up arrest forms. “At around 6.30 pm, after informing my family and lawyer that I would be in the lock-up tonight, they suddenly told me they were releasing me,” she said. “So then what was the dramatic arrest all about? Only the police can answer.”

Officials at the MRA Marg Police Station were unavailable for comment.

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On 15 December 2020, police personnel arrested woman human rights defender Annapoornafrom her house in Vishakapatnam. While it was not informed at the time of the arrest, her familywas later told, upon repeated inquiring, that she was taken into custody in relation to a FirstInformation Report (FIR) filed against her and several others, on 23 and 24 November, allegingtheir links to Maoist factions. Annapoorna is currently being detained at the Vishakapatnam CentralJail.Annapoorna is a labour rights defender, an advocate and an executive member of thePragatisheela Karmika Samakhya, a workers union in the Indian state of Andhra Pradesh. Over thepast several years, the woman human rights defender has been at the forefront of the humanrights movement in India, advocating for Dalit, women’s and worker’s rights.On 15 December 2020, a team of ten plain clothed individuals entered the residence of labourrights defender Annapoorna and forcibly removed her. The defender was feeding her three year oldchild when the incident occurred. The individuals did not did not disclose their identity, nor did theygive a valid reason for taking her away. During the raid, they also took three mobile phones thatwere in the house. It was only later, when Annapoorna’s brother went to file a complaint at the localpolice station, he was informed that she had been taken by Special Enforcement officials andtherefore no complaint would be registered. Later the same day, two individuals entered thewoman human rights defender’s house for a second time, took the signature of Annapoorna’smother and then proceeded to search the entire place. When prompted and asked to to identifythemselves, they failed to respond and left hastily. The defender’s lawyer and family have beendenied physical access to her since her arrest. Furthermore, the labour rights defender is adiabetic and suffers from thyroid related problems and is in need of regular medication. Her threeyear old had recently recovered from COVID-19 and is still healing from the severity of it’s effects.On 23 and 24 November 2020, two FIRs, naming over eighty persons, were filed atMunchangiputtu and Piduguralla in Andhra Pradesh. The FIRs allegedly report that those it nameshave links to Maoist factions in the country. Annapoorna is the fifth human rights defender to bearrested since the lodging of these FIRs. Several of those mentioned in the FIRs are members ofhuman rights organisations, including women's rights organisations, workers unions andorganisations working against caste discrimination. The charges in the FIRs include the stringentand draconian Unlawful Activities Prevention Act (UAPA), Andhra Pradesh Public Security Act,Arms Act and sedition charges.Front Line Defenders condemns the arrest of woman human rights defender Annapoorna, as itbelieves she is being targeted as a result of herhuman rights work and exercising her right tofreedom of expression.It particularly condemns the use of the UAPA against human rightsdefenders, with the aim of terrorising them and silencing their work.

FLD

A violent mob abused, attacked and threatened a female journalist for exposing the existence of illegal cow slaughters in the Pension Mohalla of Hassan district in Karnataka.

On receiving information regarding illegal cow slaughtering mafia in the city, senior Journalist Vijayalakshmi Shibaroor, the Editor-in-chief of Vijaya Times, and her team travelled to Hassan. During her course of special investigation, the female journalist exposed how these illegal slaughterhouses in the city operate with impunity despite cow slaughtering is banned in the district.

The woman journalist, accompanied by NGOs and police officials, visited the four illegal slaughterhouses and five cattle hoarding spots in the city. As they tried to enter one of these illegal abattoirs to rescue cattle, an angry mob, comprised of Burkha-clad women, gathered around the journalist and stopped her from reporting.

The mob not only abused the journalist, but also manhandled and threatened her with dire consequences if she did not leave the place at once.

Here is the footage of the angry mob trying to attack the journalist. One can see how Burkha-clad women attacked the journalist despite the presence of police officials. The helpless police officials were a mute spectator during the entire incident.

The journalist was given death threats if she failed to leave the location then. The illegal cattle smugglers hid other cattle and the NGO managed to save only a few animals.

Reportedly, Hassan Babu and Rehamaan were allegedly operating four illegal slaughterhouses in the area and had taken hostage of around 100 cattle.

Following the incident, an FIR has been registered regarding this case at a local police station.

OpIndia

Police manhandled three Kashmiri journalists as they covered election polling in South Kashmir on December 10. The International Federation of Journalists (IFJ) and its Indian affiliates the Indian Journalists Union (IJU) and the National Union of Journalists India (NUJ-I) condemn the journalists’ arbitrary attack and the ongoing persecution of media workers in the region.

Fayaz Lolu, a stringer with ETV Bharat; Mudasir Qadri, a stringer with News 18 Urdu; and Junaid Rafiq, of V9;were beaten by the senior superintendent of police (SSP), Anantnag Sandip Chowdary, in the Srigugwara area of South Kashmir. The journalists were all covering the District Development Council elections in the Anantnag district of Jammu and Kashmir on December 10. During the attack, the journalists were thrashed and slapped after interviewing voters who complained that polling was not beginning at the scheduled time. Voting did not commence until 8.30am, an hour and a half later than the organised start time of 7.00am.

The journalists allege their equipment, including mobile phones and microphones, were confiscated. Police escorted them to Srigugwara’s police station where they were detained for almost two hours. During their detention, journalist Rafiq complained of breathlessness and was taken to a nearby hospital where he was placed on oxygen support.

Kashmiri journalists are routinely arbitrarily intimidated, harassed, attacked and faced legal action by authorities and security officials. On September 19, thecyber wing of the Jammu and Kashmir Police summoned and abused Auqib Javeed, a Kashmir based journalist, over a news report about police intimidation of social media users. Similarly, on July 31, Qazi Shibli, the editor of news portal The Kashmiriyat, was detained, while Fahad Shah, editor of news portal Kashmir Walla, was summoned on May 20. Srinagar police also filed separate investigations or First Information Reports (FIR) against Kashmiri photojournalist Masrat Zahra and journalist Gowhar Geelani on April 18 and April 21 respectively. Cyber police in Srinagar questioned journalist Peerzada Ashiq on April 19 in relation to the journalist’s news articles.

IFJ

The communal harmony activist arrested in November for offering namaz at a temple in Mathura was granted bail by Allahabad high court in the case on Friday.

Faisal Khan, the national convenor of Khudai Khidmatgar – an organisation working towards interfaith understanding – was arrested by the Uttar Pradesh Police from his residence in Delhi on November 2 and photos and videos showing him offering namaz in a temple complex at Mathura had gone viral on social media.

He was arrested on charges under sections 153A (promoting enmity between different groups), 295 (injuring or defiling place of worship with intent to insult the religion), and 505 (public mischief). He was then sent to 14-day judicial custody.

The bail order delivered by Justice Siddharth and dated December 18, read:

“Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail…”

Khan’s counsel had held in court, “Only on the basis of photographs which went viral the applicant cannot be said to have intention to disturb the communal harmony of the society. He did not entered into the sanctum sanctorum of the temple rather he performed Namaz outside of the temple with the permission of the priest of the temple as clear from the viral photographs. The allegation of receiving foreign funds is without basis.” (sic)

Khan had visited the temple of Nand Baba in Mathura in time for his afternoon prayers on November 19. He was accompanied by his associates, Chand Mohammad, Nilesh Gupta and Sagar Ratna. In a statement, the Khudai Khidmatgar said local people at the temple had told Khan he could say his namaz at the premises rather than going elsewhere.

Later, a priest at the temple, Kanha Goswami filed a complaint saying that Khan’s gesture had “offended” Hindu sentiments. The complaint also called for an inquiry into the episode and into whether the move had involved “foreign funding” by a Muslim organisation.

A prominent Gandhian activist, Khan was on a five-day pilgrimage between October 24 and October 29 to advocate communal harmony, his organisation had said in a statement. The temple prayers were a part of an attempt to send a message of peaceful coexistence between religions.

Khan’s advocate filed two applications. One was an anticipatory bail application which was not listed. Friday saw the first hearing of his case.

In judicial custody, Khan had tested positive for COVID-19 and had been admitted to KD Medical College hospital in Mathura. This was a cause of concern for his family. His sister, Falak, says “It has been a struggle without him.”

The bail order has relieved the family which had been under considerable anxiety. “We are so thankful to the system. He is a modern Gandhi, and his past work speaks for his record. We will celebrate his return like Diwali,” Falak told The Wire.

Bail was granted to him on the condition that Khan will not use social media for any such purposes till the conclusion of trial. His case was argued by senior advocate Colin Gonsalves.

Khudai Khidmatgar was founded by freedom fighter Khan Abdul Gaffar Khan – popularly known as the Frontier Gandhi.

Wire

On 26 November 2020, the Special National Investigation Agency (NIA) Court in Mumbai, rejected human rights defender Stan Swamy’s request for a straw, a sipper bottle and winter clothing. The human rights defender suffers from Parkinson's and therefore is unable to hold a cup and drink from it, hence the need for a straw and sipper bottle. During the hearing, the NIA told the special court that they did not have the requested items to give the defender and asked the court for 20 days to respond to the defender’s request. The judge directed a medical officer to revert back to the requirement of the requested items for the 83 year old human rights defender on 5 December 2020.

FLD

Rakesh Singh Nirbhek, a reporter working for Rashtriya waroop newspaper and his friend Pintu Sahu were assaulted and suffered fatal burn wounds when his house set on fire by three assailants in the journalist’s house in Kalwari village. The International Federation of Journalists (IFJ) and its Indian affiliates the Indian Journalists Union (IJU) and National Union of Journalists (NUJ-I) condemn this heinous murder and urge the authorities to hold its perpetrators accountable.

On November 27, Singh’s house was burnt down, causing serious burn injuries to him and his friend Pintu Sahu, who died on the spot , while Singh died hours later at King George's Medical University’s Trauma.

Minutes before dying, the journalist said the attack was due to his reporting on corruption by the Kalwari village head Sushila Devi and her son. “This is the price for reporting the truth,” he said in a video recorded by the police at the hospital.

The Balrampur police arrested the son of the village head and two other suspects who were allegedly involved in the crime. They all confessed to the crime and were sent to jail on December 1.

Singh’s reported on the alleged corrupt practices of the village major Sushila Devi over the installation of solar panels and the construction of roads and sewage facilities.

Singh is the second journalist murdered because of his reporting in November alone. Earlier, G. Moses, a reporter for Tamilian TV, was murdered in a western suburb of Kundrathru, following his coverage of illegal land grabbing. Impunity for crimes against journalists in India is rampant.

The IJU president Geetartha Pathak said: “The IJU expresses serious concerns over this murder and frequent attacks, arrests and other forms of media right’s violations in Uttar Pradesh. The IJU urges for exemplary punishment to the murderers of Rakesh Singh Nirbheek.”

The NUJ-I President Ras Bihari said: “We strongly condemn the gruesome murder of journalist Singh, appeal the state government to set up a high-level judicial commission to probe the incident and punish those behind the murder.”

The IFJ General Secretary Anthony Bellanger said: “The horrible murder of Rakesh Singh for his reporting exposes the critical situation of journalists in India. The IFJ urges the Indian authorities to end impunity for crimes against media workers and punish those responsible for this crime regardless of their political affiliation.”

IFJ

Hundreds of farmers from Punjab and Haryana marched towards Delhi with tractor-trailers on Wednesday to protest against the Centre’s agriculture-related laws, prompting the Haryana Government to deploy their police force in large numbers and invoke Section 144 of the CrPC to prevent assembly of protesters.

Haryana's government under Chief Minister Manohar Lal Khattar had ordered borders between Punjab and Haryana to be closed in an attempt to force the protesters back---a development that farmers criticised later as an attempt to silence them.

In Haryana's Kurukshetra, farmers tore down police barricades near Shahabad and were heading towards Pipli. Haryana Police used water cannons to unsuccessfully scatter the crowd. In

Karnal, police put up a check point at Oasis Tourist Complex on the National Highway 44. Protesters stopped to set up camp near Karnal's Samanabahu village for the night. They will resume their march to Delhi on Thursday.

Meanwhile, the protest march led to traffic jams on the NH-44, catching out several commuters, including wedding parties with grooms. Harried commuters now accuse authorities of not diverting traffic in advance.

"Today is my wedding and we left for Delhi from Ludhiana at 11 am, and we had to reach in Delhi before 8pm and now we are here in Karnal at 8.30pm. There’s still no clarity of how long this will take to clear,” a groom stuck in the traffic jam said.

Also, the police had taken nearly 100 farmer leaders from the state into "preventive custody".

As per the police estimates, around 2,00,000 farmers from Punjab are set to leave for Delhi as part of their 'Delhi Chalo' agitation from November 26.

Farmer body Bharatiya Kisan Union (BKU) President Balbir Singh Rajewal said Haryana Chief Minister Manohar Lal Khattar has got sealed the interstate borders for Punjab farmers to prove that "Punjab is not part of India".

"We will peacefully block the routes to Himachal and Jammu and Kashmir. Will start dharna on the roads," he tweeted.

Rajewal questioned Khattar for refusing to give passage to the farmers to go to the national capital.

At a press interaction in Rohtak, Inderjit Singh, a senior leader of All India Kisan Sangharsh Coordination Committee (AIKSCC), condemned the sealing of the borders and demanded an anser from Deputy Chief Minister Dushyant Chautala for the police action against farmers.

"Dushyant claims himself to be a big well wisher of the farmers but why he is keeping mum when the farmers are being suppressed by the police at the instance of his government,” he said.

Farmers affiliated to 33 organisations are part of the United Farmers Front, an all-India body of over 470 farmer unions that will participate in the indefinite protest in the national capital from November 26.

The protesting farmers have threatened to block all roads to Delhi if they were denied permission to travel towards Delhi.

The Delhi Police asked the farmers not to enter Delhi as they don't have permission to protest in the city.

Haryana Police too have issued a travel advisory, asking commuters to avoid certain national highways along the state border with Punjab and Delhi for three days, starting Wednesday, in the wake of the protest.

Road blockades have been put at several places along the state border as per Chief Minister Khattar's directive to ensure "law and order", the police said.

A state police spokesperson told IANS that elaborate arrangements have been made by the civil and police administration.

The primary objective of these arrangements is to maintain proper law and order to prevent any kind of violence, facilitate functioning of traffic and public transport systems and to ensure public peace and order.

The spokesperson said a large number of protesters are likely to enter Haryana from Punjab through various border entry points for their onward journey towards Delhi.

The main focus points of the protestors originating from within Haryana will be the four major national highways leading towards Delhi, i.e., Ambala to Delhi, Hisar to Delhi, Rewari to Delhi and Palwal to Delhi.

A specific call has been given by protesting organisations for congregation at Shambhu border near Ambala city, Mundhal Chowk in Bhiwani district, Anaj Mandi in Gharaunda town in Karnal district, Tikri border in Bahadurgarh town in Jhajjar district, and the Rajiv Gandhi Education City in Rai in Sonipat district.

The spokesperson said that to ensure appropriate law and order arrangement, it is likely that the traffic diversion or roadblocks may be put up by the police on November 25, 26 and 27.

Punjab Chief Minister Amarinder Singh on Tuesday welcomed the Centre's decision to take forward the talks with various farmer organisation on the farm laws issue in Delhi on December 3.

He said the forthcoming talks would pave the way for early redressal of the concerns of the farmers on the Central agricultural laws.

Bharatiya Kisan Union (BKU-Ekta Dakonda) President Buta Singh Burjgill said the 'langar' (free meal service) will go on until the Central government takes back the laws.

"It will be a historic protest in Delhi amid the presence of two lakh farmers. We won't go back from our protest even half an inch." Farmers protesting against the laws have expressed apprehension that these laws would pave the way for the dismantling of the minimum support price system, leaving them at the 'mercy' of big corporate entities.

Tribune India

Several unions have called for protest rally against farm laws on Nov. 26, 27

Around two dozen farmer leaders were taken into preventive custody by the Haryana Police on Tuesday early morning in raids across the State, ahead of the farmers groups’ two-day call for “Dilli Chalo” on November 26 and 27 to protest against the farm laws. The arrests sparked off protests in many parts of the State with various farmers’ and workers’ unions condemning the action as “undemocratic”. Midnight clampdown

In a post-midnight clampdown in several districts, including Jhajjar, Hisar, Sirsa, Karnal and Bhiwani, police teams mounted raids at the houses of farmer leaders and took them in preventive custody. Jhajjar Superintendent of Police Rajesh Duggal told The Hindu that nine farmer leaders were arrested and sent to judicial custody.

Swaraj India national president Yogendra Yadav, in a press conference during the day, claimed that at least 31 farmer leaders were detained in raids across the State in the early hours. He said the farmers were committed to peaceful and disciplined demonstration against the farm laws, but the Haryana government seemed bent on creating anarchy by arresting the movement’s leadership. He said the government was nervous and resorting to crackdown to suppress the “historic movement”.

Mr. Yadav said farmers groups were committed to their call for “Dilli Chalo” and made an appeal to all citizens, citizen groups and political and democratic outfits to raise their voice against the crackdown.

More than 500 farmers groups across the country have given the call to march to Delhi on November 26 and 27 to hold a protest against the farm laws at Jantar Mantar. Mr. Yadav said that farmers from five States – Haryana, Punjab, Rajasthan, Uttar Pradesh and Uttarakhand – were scheduled to gather at five points on November 26 morning and march towards Delhi. “Four of these assembly points are in Haryana at Sampla, Panchgaon, Sector 12 Faridabad and Kundli border,” said Mr. Yadav. He added that delegations from 15 more States were expected to join the protest.

Later, angry protesters assembled at Rohtak’s Mansarovar park and took out a protest march to mini secretariat in protest against the arrests of the farmer leaders. Kisan Sabha vice president Inderjit Singh criticised the BJP-JJP alliance government.

Hindu

Police fired tear gas and used water cannons Friday as thousands of farmers from northern India marched to protest new laws that the government says will revolutionize the farm sector but which farmers fear will expose them to exploitation by big corporations.

Scuffles erupted on the outskirts of New Delhi as angry farmers pressed against heavily guarded concrete barricades set up along the city's border to stop the marchers. Waving flags and shouting slogans, some tried to remove the barriers.

Many farmers have traveled on their tractors and motorcycles from the northern farming state of Punjab, vowing to camp in the Indian capital until the government amends the recent laws.

It was the second day that farmers clashed with police. On Thursday security personnel used water cannons on farmers as they traveled through neighboring Haryana state to reach Delhi.

Hours after the farmers demanded to know why they were not being allowed to protest, police announced that they would be allowed to enter the city.

Criticizing the use of what he called "brute force," Punjab Chief Minister Amarinder Singh said the government should initiate "immediate talks to address farmers' concerns on the farm laws and resolve the simmering issue."

The contentious legislation, passed in September, aims to reform decades-old laws under which farmers mostly sell their produce through state-run wholesale markets at prices set by the government and paves the way for them to sell their produce to private companies.

Prime Minister Narendra Modi has described the new laws as "historic" and said they will increase farmers' incomes, boost productivity and liberate farmers from dependence on middlemen. Supporters of the legislation say it could draw in private investment and help modernize Indian agriculture.

However, Indian farmers, who have long been protected from the free market, fear that the removal of government controls will leave them with little bargaining power with large corporations and force them to sell their produce at cheaper prices. While they have been demanding better prices for their crops, they worry that the new laws will further depress rural incomes.

Nearly half of India's population depends on agriculture, but it accounts for just 17% of India's gross domestic product. Most of the farmers own small plots of land, have tiny incomes and are often in debt.

Food and farm policy analyst, Devinder Sharma said the scale of the protests shows that farmers are "not in tune" with the government's plans.

"At no stage were the farmers of India consulted about it," Sharma said.

"The result," he said, "is that it is industry and markets who are excited about it, while the farmers are convinced it will be detrimental to them."

The farmers say they will continue their protest until the government rolls back the reforms. Many have come prepared for a long haul with their vehicles stacked with provisions and even cooking gas cylinders.

VoA News

Social activist Lakhan Musafir, 59, has been externed for six months from five districts of Narmada, Bharuch, Vadodara, Chhota Udepur and Tapi, ahead of Prime Minister Narendra Modi’s visit to Kevadia in Narmada district on October 31 to inaugurate the seaplane service connecting Statue of Unity to Sabarmati Riverfront in Ahmedabad, as well as the jetty service downstream the Narmada River.

Sub Divisional Magistrate (SDM) of Rajpipla issued the order banishing Musafir, who was served a notice for proceedings of externment in March this year, under section 56(A), Gujarat Police Act 1951. He has been accused of “inciting locals against government, trading in liquor and being part of anti-social groups”.

The order by Rajpipla SDM, KD Bhagat, has relied on two FIRs registered against him in 2019 for rioting, unlawful assembly, causing hurt to public servants and criminal intimidation and also accused Musafir of being involved in illicit liquor trade although no complaint has been registered against him under the Prohibition Act so far.

The order, dated September 14, states, “In view of the application submitted by the Superintendent of Police of Narmada District, the accussed Lakhan Musafir is a dubious person. I know that he does not have any honest means of livelihood and along with his accomplices, is continuously inciting local villagers in Kevadia around the Statue of Unity as well as the Narmada dam. Along with many anti-social elements, Musafir is known to organise public gatherings to mislead the people into anti government activities.”

The SDM further said that Musafir is known for “anti-government slogans” and interrupting government works to breach law and order. It states, “…In several incidents in the past he and his accomplices, have indulged in fights with government officials as well as officers of the Sardar Sarovar Narmada Nigam limited (SSNNL) and broken the peace and law in the area.”

The order further accuses Musafir or “targetting” the SoU, which has earned Kevadia much repute and says that no villager is willing to stand witness against Musafir due to the “fear” he has instilled among people.

It says, “Time and again, he has targeted the Statue of Unity located inKevadia by gathering his group of anti-social elements as well as people from the villages close by to indulge in anti-government activity…”

The two FIRs against Musafir in Kevadia police station date back to January and October 2019. In January 2019, Musafir was accused of leading a mob that resorted to rioting at the ground breaking ceremony of the Haryana Bhavan near SOU at the hands of Haryana Chief Minister ManoharLal Khattar. The matter is pending in court.

The second case registered against Musafir is of October 31, 2019 — the day when Prime Minister Narendra Modi visited Kevadia to inaugurate peripheral tourist spots around SoU. Musafir, who has now taken shelter in Mandvi taluka of Surat district, told The Indian Express,

“They booked me in the two cases by design because they were planning to outlaw me since over seven years, ever since I joined villagers protesting against the Garudeshwar Weir and then the Statue of Unity. They had no cases to outlaw me. I am a simple man who has been involved in agriculture and to make villagers self-sufficient.”

The SDM’s order adds that a “private inquiry” conducted by him revealed that Musafir was known to assault people “as well as have them assaulted by his group of anti-social elements”. Although the initial hearing on the notice of externment was scheduled for March 24 this year, it was shifted to July due to Covid-19 lockdown.

In his reply to the notice of July 13, Musafir called himself a “Gandhian” and denied allegations of inciting villagers or being involved in bootlegging. He said, “The charges levelled against me are false… I am involved in activities related to Gandhian principles… Taking people’s genuine complaints to the government can never be called a crime.”

Musafir has also cited recommendations about him from from former Gujarat Chief Ministers Sureshchandra Mehta and Amarsinh Chaudhary as well as five other friends. However, the SDM said that two cases registered against Musafir is evidence enough.

Musafir said, “The Kevadia police accompanied me to Mandvi, after confirming from me where I would be staying for six months. I have to report to the Mandvi police station every 15 days.”

“The Statue of Unity Area Development and Tourism Governance Act, 2019 has been executed. PM Modi will inaugurate the seaplane service next month. They do not want anyone around who support local protests. The fact is that the protests are being organised by the locals because they are aware of their rights… The government failed to address the issues of the local people related to land acquisition and submergence of villages due to the Garudeshwar Weir. People are agitated. There are many other projects planned in the area that will take away the essential tribal identity of the people along with their lands,” he says.

Musafir, originally from Bhavnagar, says he moved to Mathavadi village in Kevadia. “I moved to this place in 1986 when villagers were agitating against land acquisition for the Narmada Dam. I did not directly join the agitation but I have been a sympathiser of anyone who loses their land, in any part of the state. My interest lies in farming and I taught many villagers techniques for organic farming, selflessly. The aim was to make them self reliant. Over the years, I have imbibed the tribal way of life myself,” says Musafir, adding that he is not affiliated to any political party.

Kevadia had seen clashes between villagers and officials of SSNNL and police in May and June this year when the SSNNL took possession of and fenced lands acquired in 1961 after the Gujarat High Court dismissed a petition filed by six affected villages around the Statue of Unity.

Indian Express

The image of a local journalist being tied to an electric pole while a group of men assault him in a broad daylight has gone viral in Assam. Milan Mahanta, a correspondent for the Assamese daily Pratidin, had stopped at a paan shop on Sunday afternoon at Mirza, a town located in Kamrup district, when the assault took place.

Mirza is around 35 kilometres from state capital, Guwahati. Incidentally, the attack took place on the day the nation marked National Press Day. The incident has sparked uproar on social media, with many expressing concern for journalists working in Assam under the present political dispensation.

Mahanta was on his way to attend a meeting when a group of seven men surrounded him and dragged him from the paan shop before tying him to an electric pole with cables at Mirza Teeniali, a well-known spot located in the centre of Mirza town.

For the past week, Mahanta has been reporting on illegal gambling activities, which have been mushrooming with the onset of Diwali festivities. He angered an alleged local ruffian who, as accused by locals in Mirza, has also indulged in land grabbing activities.

Mahanta has since filed an FIR at the Palash Bari police station. A case has been registered against the perpetrators. Local Mirza residents have protested, condemning the incident, and have also questioned as to why the police have not been able to nab the culprits.

The Wire reached out to Mahanta on Monday. The reporter could barely speak due to injuries sustained on his head, neck, and ears. He also said that he could not hear properly as many of the blows had landed on his ears.

“I had stopped by the paan shop. Seconds later, the goons roughed me up, and while beating me, they tied me to an electrical pole. They had plans to abduct and kill me. There was a vehicle parked nearby to put me inside. They brought cables and cloth. While I was being beaten, they warned me that no one would come and help me, not even the police.

They were boasting that they are not scared of police and do not care about journalists. They were brazening and outwardly stated that they had been observing me and what I have been reporting. The fact that it happened in broad daylight has shaken me and the police is yet to catch them despite their faces being clear on the viral photos. If it were not for locals, they would have managed to slip me away. I would have been dead,” he said.

He continued, “I have struggled my entire life. I have been reporting for the past 14 years. What is my crime? That I was reporting against illegal activities and the nexus between those involved in land grabbing and illegal gambling? I am sick now and my body hurts. My friend and neighbours are giving me protection. Even after 24 hours, they are roaming free.”

Chief minister Sarbananda Sonowal, while attending an event marking National Press Day, told the media that he had instructed the police to take immediate action against the culprits.

The same was echoed by Parthasarathi Mahanta, the superintendent of police (SP), Kamrup district. “The culprits will be punished as per law,” he told the media.

On Monday, protests took place both in Mirza and Guwahati, with journalists and civil society members questioning the safety of journalists under the current regime. Local press bodies have also issued statements condemning the incident.

Sanjoy Ray, the general secretary of Guwahati Press Club told The Wire, “The incident of attack on journalist Milan Mahanta by some anti-social elements and that too in broad daylight is highly condemnable. We have taken up the matter with the senior police officials demanding that culprits be arrested at the earliest. Security of journalists has become a major area of concern and the government, particularly the law enforcers, must get their acts together to prevent such attacks.”

With journalists being targeted for questioning the state machinery from different parts of India, the latest incident in Assam has prompted politicians to question the ruling BJP and the emerging pattern of jailing and attacks on scribes in the state.

Debabrata Saikia, the leader of the opposition in the Assam legislative assembly, told The Wire, “Ever since the BJP has gained political power, there have been attacks on journalists and the media. Whether it is Gauri Lankesh or Milan Mahanta the pattern is the same. We are questioning BJP leaders both at the Centre and at the state as to what is leading to such incidents, and why they are not preventing? We demand strict action against the perpetrators.”

Param Prakash Gogoi, a senior journalist for Pratidin, speaking to The Wire said, “The brazenness of the act in front of the public is shocking. But what remains to be seen whether the culprits will be caught. It is unbelievable that such an incident can occur.”

Wire

Civil society organisations have demanded a judicial enquiry into an incident of assault and police firing on Adivasi demonstrators in Bihar’s Kaimur district. Releasing a fact-finding report on Friday, members of the organisations said that the demonstrators “were not just fired upon and injured in the firing and lathi-charged but were also picked up by the police on trumped-up charges”.

According to the report, on September 11, when a delegation of Adivasi protesters tried to reach out to the forest department officials at Adhaura block of Kaimur to initiate a dialogue, they were abused and manhandled by officials.

“Later on, and quite suddenly, more police poured in, along with CRPF personnel, and unleashed a brutal assault on the Adivasi demonstrators. The police opened fire and lathi-charged the protesters,” the report notes.

“During this period, an Adivasi person Prabhu from Chaphana village was shot by a police bullet, the bullet went through his ear and took a chunk of his ear’s muscle tissue. Police lathi-charged Adivasi women, men, youths and children viciously and many were injured which went unreported. Police brutality continued in the aftermaths of this incident as well,” the report further adds.

They claimed that since September 10, thousands of Adivasis, including women, men, youths and children, from 108 villages of Adhaura Block were protesting under the banner of Kaimur Mukti Morcha in front of the forest department office at Adhaura demanding the implementation of the Forest Rights Act 2006 and rollback the proposal of Kaimur Forest Wildlife Sanctuary and Tiger Reserve.

It was also alleged that on September 12, Kaimur Mukti Morcha’s office in Adhaura was ransacked by police. As per the team, seven activists affiliated with Kaimur Mukti Morcha were arrested on false charges by the police. The arrested activists were first kept in police custody and later presented in front of the judicial magistrate of Kaimur district. They were charged under different sections of the Indian Penal Code (IPC), including the Arms Act.

On October 16, all the seven activists were released on bail. Moreover, two days later, in response to the ‘boycott election call’ given by the Kaimur Mukti Morcha (KMM), political heavyweights, including the central minister of state for home, Nityanand Rai, met the protesters in Kaimoor, requesting to call off the boycott call.

Violation of forest rights

The report has been prepared by a four-member team, consisting of Amir Sherwani Khan and Matadayal of All India Union of Forest Working People (AIUFWP), and Raja Rabbi Hussain of Delhi Solidarity Group (DSG) and Aman Khan, an advocate practicing at the Supreme Court. They visited Adhaura between September 23 and 27. The report has been co-published by AIUFWP, DSG and Citizens for Justice and Peace (CJP).

Speaking to The Wire, Amir Sherwani Khan, a member of the team said, “The forest department constantly violates FRA 2006 by controlling people’s rights over minor forest produce, which is very important for their livelihood.” Khan further said that Adivasi land is being taken without proper consent from Vansamiti and Gram sabhas.”

“We have demanded a judicial enquiry, because villagers want enquiry and action against the police and forest department, implementation of FRA 2006,” Khan told The Wire. According to him, villagers are panicked and terrified because 29 villagers have been charged in a fake and concocted case with serious charges of IPC, such as 307 (Attempt to murder) and the Arms act.

Other demands of the team included a proper and speedy implementation of the Forest Rights Act, 2006, scrapping colonial Indian Forest Right Act 1927, quashing the FIR against all the accused people charged under false cases and compensation to the persons who are charged on false cases and were injured by police firing and lathi-charged. They have also demanded to declare Kaimur a Scheduled area under Panchayat (Extension Scheduled Areas) Act, 1996.

Earlier, on September 30, AIUFWP and CJP had registered a complaint with the National Human Rights Commission (NHRC) demanding an FIR against the officials for unleashing violence and hampering the implementation of the Forest Rights Act under Section 3 (i) (g) of the SC/ST Act.

“As organisations committed to reclaiming the rights over the land of the Adivasi and Forest Dwelling communities and a civil rights group committed to the rule of law and equality before the law as enshrined in the Indian Constitution, we urge this Hon’ble Commission to, in exercise of its powers and functions: “(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court], into complaint of (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation, by a public servant,” reads the complaint signed by Roma Malik of AIUFWP and Teesta Setalvad of CJP.

Speaking at the launch of the fact-finding report, Communist Party of India (Marxist) leader Brinda Karat condemned the police action and the consistent harassment of Adivasi groups by forest officials. Karat praised the community for their consistent stands, and supported the demand for a judicial inquiry into the police firing. She also demanded the quashing of the “false cases” and FIRs lodged against 29 protestors.

Wire

A senior journalist working with a local daily in Uttar Pradesh’s Lalitpur region was beaten up publicly and threatened allegedly by a local Bharatiya Janata Party (BJP) leader and his sons while returning from work. Police have lodged a complaint against five people including the BJP leader.

Journalist Vinay Tiwari, a resident of Dhaurra village that falls under Jakhlaun police station, said he had gone on Saturday to carry out a fact check on irregularities in implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA). He alleged he was waylaid by over half a dozen armed men along with the family members of the village head, whose husband is also associated with BJP, while returning home on a motorcycle.

"I was informed by my sources that simple work, like ‘trench work’ is also being done with the help of JCB machine for construction of a link road at Dhaurra village instead of hiring manual labour under MGNREGA in my own panchayat by the Gram Pradhan (village head). I rushed to the spot as soon as I got the information,” Tiwari told NewsClick.

“When the village head got information about my investigation of the coverage, she sent some miscreants along with her sons who stopped me midway and attacked me with sticks and batons and left me half dead. They even snatched my phone, camera and deleted photos and videos. They took away Rs 9,500 cash from my pocket," alleged Tiwari, who has now been referred to Jhansi Medical College from Lalitpur District Hospital for treatment as he was in critical condition.

Tiwari, who is associated with a local news website called Bundelkhand Times, reports on incidents in rural areas. He further alleged that the MGNREGA guidelines are meant to protect the workers but they are being misused at a massive scale in most of the places. "I knew that they were angry with my news. But I did not expect them to attack me because they are my neighbours. Now it is very clear that I was attacked because my story exposed their (BJP workers) plan of rigging,” Tiwari alleged, adding that “no action will be taken against them since the attackers belong to the ruling party.” The journalist also alleged inadequate action taken by the local police post in-charge.

Meanwhile, on the complaint of one Tiwari, [A1] the police have registered a case under Section 307 (attempt to murder), 323 (assault), 504 (abusive death) and 506 (threatening to kill) of the Indian Penal Code (IPC) against village head Babita Mishra, her son Vivek Mishra, Aryan alias Abhishek Mishra, Bharat Mishra and the BJP leader Rameshwar Mishra who also happens to be the husband of Babita.

Superintendent of Police (SP) Lalitpur, Mirza Manzar Baig said that one accused Abhishek Mishra has been arrested so far and the investigation is going on.

Hearing about the incident, journalists from various news organisations staged a demonstration outside the district commissioner’s office in Lalitpur on Sunday against the incident. They also sought action against the accused and the BJP leader's son who was involved in beating Vinay. MEDIA OUTFITS CONDEMN ATTACK

Observing that attacks on journalists in Uttar Pradesh under Yogi Adityanath-led government has been increasing in recent times, the Uttar Pradesh State Accreditation Correspondent Committee demanded that the government bring to book all the culprits in the attack on Tiwari as well as in other assaults on scribes in the state.

"We observe that attacks on journalists in Uttar Pradesh have been increasing in recent times. At the same time, no concrete action has been taken by the state government in many of the cases," the press association told NewsClick.

Hemant Tiwari, president of Uttar Pradesh State Accreditation Correspondent Committee said it was very unfortunate that atrocities against scribes in the state were rising since the past three years.

"Attack on journalists in Uttar Pradesh has increased in the last three years, be it by goons, fringe elements or the government machinery. It seems that the government is letting it happen to hide its failure. Otherwise, they intervened long back when a journalist in Mirzapur was booked for exposing scam in mid-day meal,” Tiwari said.

Recounting a similar incident of another journalist in Jaunpur who was attacked by local goons but did not get media attention, Tiwari alleged, “It has become a daily routine affair in Uttar Pradesh. Last week, a journalist named Kaushlendra Upadhyay, who report for several mainstream media outlets, was beaten up by local goons. Ironically, he had informed the district authority before, but no action was taken.”

Tiwari pointed out that even though UP Chief Minister Yogi Adityanath condemned the arrest of Republic TV Editor Arnab Goswami by the Mumbai police, he keeps mum on the situation in his own state. “Yogi Adityanath recently said that the arrest of Arnab Goswami is an assault on freedom of expression by the Congress party and its allies, but he never utters a single word on attacks on journalists in UP,” he said.

Another senior journalist Sharat Pradhan criticised Adityanath over his silence on attacks on journalists in the state. "Over two dozen journalists in UP have been arrested in false cases, but the CM can’t see this; rather, he is more concerned about Arnab Goswami who is not even a journalist. This government is acting like a dictatorship and wants journalists who tout its line," Pradhan said.

The latest incident occurred months after journalist Shubham Mani Tripathi was killed by unidentified persons in broad daylight while he was on his way home with his friend on a motorcycle, about 20 kms from Kanpur. NewsClick had reported that the young journalist was allegedly killed for exposing the sand mafia and land grab incidents.

News Click

Targetting the anti-CAA and anti-NRC activists, the UP police on Thursday arrested the family members of activist Zainab Siddiqui.

Among those, who were picked up along with Zainab included his brother and father.

However, Station House Office (SHO) of Hasanganj Police Station, when contacted, told India Tomorrow that it was Special Task Force (STF) personnel who had detained Zainab and her family members.

He said that while the STF, later on, released Zainab and her brother but handed over her father to anti-terrorist squad (ATS) for interrogation.

The official, however, did not say for what crime Zainab’s father was arrested and was being questioned by ATS.

“Even I don’t know on what charges Zainab’s has been arrested”, said the police official and abruptly disconnected the phone.

However, NGO Rihai Manch general secretary Rajiv Yadav told India Tomorrow that police on Thursday all of a sudden barged into the house of Zainab and asked her father if Zainab was associated with anti0-CAA and NRC agitations.

The cops, according to Rajiv, went back after they were told that Zainab worked with a women’s organization.

“However, they returned within an hour and started assaulting the family members with baton. Cops used abusive language for Zainab’s younger sisters, chased them on the road and assaulted them with lathis. About 10 to 15 policemen caught Zainab’s father, sister and mother and took them to Hasanganj Police Station”, alleged Rajiv.

Condemning the police atrocity, Rajiv demanded immediate release of Zainab’s family members and proper security for her family.

“Taking anybody to police station without any reason is illegal. The purpose of the harassment is to silence the voice of dissent. Yogi police is trying to silence the voice of dissent by ignoring Constitution and democracy”, Rajiv alleged.

India Tomorrow

A reporter of Tamilan TV was hacked to death by a few known persons near his house in the city’s outskirts, reportedly over his questioning of the illegal sale of government poramboke land.

The victim G. Moses, 26, was residing at Nallur village near Somangalam in Kundrathur and he was covering the Sriperumbudur and Kundrathur areas for Tamilan TV. His father, Gnanaraj Yesudasan is a reporter with Malai Tamizhagam, a daily. At 10.30 p.m on Sunday, somebody called him out, and Moses stepped out of his home. His father was under the impression that he was going to meet some friends.

Police said Moses was made to walk up to the lakebed, a few yards away from the house. The suspects then attacked him using knives. Moses ran from there towards his house, but the suspects again attacked him again and fled the spot by the time, his father and neighbour came out, on hearing his cries.

Moses was taken to Government Chromepet Hospital, where the doctors declared him ‘brought dead’.

Kancheepuram district Superintended of Police D. Shanmugapriya and other police officers visited the spot and held enquiries. Police sources said a few antisocial elements had encroached upon poramboke land on the lake and attempted to sell the land fraudulently. The residents in the area reportedly demolished the structure on the layout besides reporting the incident to the police and had caused police action to be taken upon the illegal encroachers. The encroachers believed the the father and son were those leading the local residents.

Police arrested the suspects, Attai alias Venkatesan, 18, Navamani, 26, Vignesh, 19, and Manoj, 19, and further investigations are on.

The Hindu

The Human Rights Defenders’ Alert (HRDA) on October 29, 2020 urged the National Human Rights Commission (NHRC) to ensure the physical safety of journalist S. K. Lenin his family from corrupt panchayat leaders in Nagaram village of Tamil Nadu.

The organisation requested the Director General of Police (DGP) to initiate an inquiry into the physical and verbal assault on Lenin by Panchayat leader Gopi Krishnan on August 2 whom the journalist had named in his report on corruption in the Mahatma Gandhi National Rural Employment Guarantee Act 2005 (MNREGA) run by the Union Ministry of Rural Development.

Similarly, they also demanded an inquiry against District Collector Uma Maheshwari for ignoring corrupt activities practiced by local authorities under the MNREGA and for ignoring Lenin’s complaints about the same.

The undeterred journalist approached the local Vadakadu police station instead who arrested Krishnan. However, when nothing was done about the rest of the panchayat members, Lenin chose to go into hiding fearing the political power of those involved.

“Whatever scam they will do, we will share with you, you jobless reporter. You are a human rights activist; you are not a big shot. Even if you give a complaint to the district collector you can do nothing to me nor shake me,” Krishnan had said outside a local shop, while leaving blood marks around Lenin’s neck.

The HRDA condemned the incident as a criminal act that barred journalists and similar Human Rights Defenders from exercising their right to dissent against a public official enshrined within Article 19(a), Freedom of Speech and Expression, of the Indian Constitution.

“If journalists are physically assaulted when they criticise politicians and public officials, seldom journalists will dare to take a stand and the fourth pillar of the democracy will be crushed further,” they said.

On August 1, Lenin collected information about corruption in the MNREGA – a government scheme that aims to help underprivileged people find a job, especially during COVID-19. He said that these jobs are vulnerable to corrupt practices by some panchayat members who show fake accounts to manage salary transfers to people who have not done any work.

Lenin also mentioned that corruption within the MNERGA scheme has been happening at Nagaram village for some time as per panchayat leaders Mr. Ramaiah and Muthuraj Durai.

Sabrang India

The members of Makkal Pathai, a not-for-profit organisation based out of Chennai, have been on a hunger protest against National Eligibility cum Entrance Examination (NEET) in their offices in Chennai over the past week. On Sunday, the seventh-day of protest in Chennai, the members were forcefully dragged away by the police. Members also allege that the police misbehaved with them. Koyambedu police have lodged about 30 members at a kalyana mandapam while six who were on the hunger-protest have been admitted to Kilpauk Medical College (KMC). No case has been registered.

Visuals shared on Makkal Pathai’s Facebook page shows police forcefully entering into the office premises following which members are dragged out. They can be heard condemning police brutality.

Sharing voice notes from KMC where about six of them are currently kep, member Chandra Mohan (41) says, “We have been continuing our hunger protest for six days. They have hit us and admitted here at KMC. Women’s clothes were lifted, they were shamed, we were shamed and we have been brought here. We condemn this brutality.”

In an audio note, Chandra Mohan says the members have rejected IV fluids and are still fasting in the hospital. "We gave our word to the people. We will continue our fasting until they tell us." He further alleges that the police have ransacked their office in Chennai taking away phones and computers.

Speaking to TNM, Koyambedu police station Inspector K Madeswaran says no complaint has been filed on the members but their protest had to be stopped since it was a health risk. “We have been asking them every day to stop their hunger protest. Moreover, groups of people gather there on a regular basis. Press is invited and this crowding of people is a risk especially due to the pandemic,” he tells TNM.

“We have not registered any case against them yet because they are giving us their details. They are requesting for the Chief Minister to come down in person to listen to their demands and scrap NEET,” he adds.

When asked about allegations of women being harassed the officer says, “We only tried to end their fasting. Even though they have not eaten in six-days, they put up a good resistance.”

Vignesh, the coordinator from Coimbatore says, “We are holding a one-day fasting protest here in Coimbatore office. Police have arrested our members who were holding hunger-protest for six continuous days in Chennai. We condemn this.”

NEWS Minute

The National Investigation Agency (NIA) launched a major crackdown on terror funding in Jammu and Kashmir and conducted raids on NGOs and journalists across 10 locations in Kashmir and one in Bengaluru on Wednesday morning.

NIA sources have said terror operations were being funded by sourcing funds from foreign countries in the name of business, religious works and other social works by these organisations in Jammu and Kashmir.

The probe agency raided NGO Athrowt at Nawakadal, the Greater Kashmir office at Press Colony and the residence of activist Khurram Parvaiz, among other places.

Sources told India Today TV that the money came through hawala channels from different parts of the country and abroad and was being used to fund terror activities in Kashmir through NGOs.

"These NGOs were not registered. That means they did not have the FCRA license, yet they were getting funds from Pakistan and Europe, and even countries like Fiji and East Timor," the sources said.

The NIA sources said that the probe agency is looking at two aspects - terror funding and secessionist activities.

In a statement, NIA said, "This case was registered by NIA on 8/10/2020 u/s 120B, 124 A IPC and sections 17, 18, 22A, 22C, 38, 39 and 40 UA(P)A, 1967 on receipt of credible information that certain NGOs and Trusts are collecting funds domestically and abroad through so-called donations and business contributions, etc and are then utilizing these funds for secessionist and terrorist activities in J&K."

"Those whose premises have been searched include residence and office of Khurram Parvez (co-ordinator of J&K Coalition of Civil Society), his associates viz. Parvez Ahmad Bukhari, Parvez Ahmad Matta and Bengaluru-based associate viz. Swati Sheshadri; Ms. Parveena Ahanger, Chairperson of Association of Parents of Disappeared Persons ( APDPK) and offices of NGO Athrout and GK Trust," said the NIA.

The probe agency said that the raids were conducted after specific inputs and more NGOs are also under scanner. The documents and phones seized will be sent to the forensic lab, the sources said.

The NIA sources told India Today TV that the case was registered last week, but was not mentioned on the NIA website to maintain confidentiality. The NIA raids were led by the IG and DIG, who flew Srinagar specially for the raids.

Slamming the move, former J&K chief minister and PDP leader Mehbooba Mufti has said, "NIA raids on human rights activist Khurram Parvez & Greater Kashmir office in Srinagar is yet another example of GOIs vicious crackdown on freedom of expression & dissent. Sadly, NIA has become BJPs pet agency to intimidate & browbeat those who refuse to fall in line."

India Today

A group of slogan-raising men had assembled outside the residence of lawyer Deepika Singh Rajawat in Jammu late on Tuesday night, a day after a cartoon she posted on micro-blogging site Twitter stirred controversy.

Rajawat, who received limelight for representing the victim’s family in Kathua rape and murder case in 2018, told NewsClick that a mob gathered outside her accommodation, raised slogans and gave her death threat by chanting “Deepika teri kabar khudegi, Jammu Kashmir ki dharti pe (Deepika your grave will be dug in the land of Jammu and Kashmir).”

Narrating the sequence of events, Rajawat said that it was 12.30 am in the night when she heard few men shouting her name. “I was scared to death. I alerted my PSOs and phoned IG Jammu who responded immediately and sent police who later cleared the mob,” she said.

The cartoon posted by Rajawat, with a caption “Irony,” juxtaposed two paradoxical scenes: in one scene, a man touching feet of a female Hindu deity during the nine-day Hindu festival of Navratri; in the other scene, with the header “Other Days,” the same man is aggressively holding both legs of a woman, depicting sexual violence.

The cartoon was accused of hurting Hindu religious sentiments resulting in a section of social media users demanding Rajawat’s arrest. Since then, as per Rajawat, she and her family have been receiving calls threatening her to remove the cartoon and tender an apology.

“Don’t rapes happen? If they can prove that rapes don’t happen in India then I will tender a public apology. I have also not removed the cartoon as it was not meant to hurt religious sentiments but to highlight the hypocrisy of the society towards women,” Rajawat said.

Rajawat personally identified the mob as related to right-wing Hindu groups and said that it was an attempt to silence her. “At that time, I felt like Gauri Lankesh. Her image kept crossing my mind. I was shivering,” the lawyer said. Gauri Lankesh, a journalist known to be critical of the right-wing and accused of “outraging the sentiments of Hindus”, was shot dead by bike-borne assailant outsider her residence on September 5, 2017.

Much solidarity with Rajawat has also poured in from several sections including Bollywood actors, directors, lawyers, and opposition leaders who are tweeting using the hashtag #IStandWithDeepikaRajawat.

In 2018, Rajaswat faced a similar backlash when she took up the case of a minor Bakarwal girl who was raped and murdered in Kathua. She was then accused of being “anti-Hindu.” Later, the victim’s family had removed her from the case by accusing her of “not attending the court proceedings.”

Rajawat believes that she has been targeted for being vocal against policies of the present government. “They wanted to threaten to silence me as I am vocal against the Modi government and its policies.”

In Jammu, which has a prominent presence of right wing politics, it has become risky to voice dissent, especially after the abrogation of Article 370 last year. Last month, a young man popular as the Mask Man was taken away by the police and was released after being questioned for hours after he silently held a placard questioning the government and its promises.

News Click

A journalist working with The Caravan magazine was on Friday allegedly assaulted by a senior police officer in North Delhi and detained for nearly four hours while he was reporting on protests against the rape and murder of a 14-year-old girl in the area.

“Today [Friday] afternoon, the Delhi Police assaulted The Caravan India’s staffer Ahan Penkar while he was reporting,” the magazine tweeted. “ACP [Assistant Commissioner of Police] Ajay Kumar kicked and slapped Penkar inside the Model Town station premises. Penkar repeatedly told the police that he was a journalist and prominently displayed his press ID.”

However, the deputy commissioner of police, North West Delhi, on Saturday said that Penkar was seen protesting and was detained, after which he had said he was a journalist. The police have sent him a notice on the matter.

Penkar was reporting on a protest concerning the alleged rape and murder of a teenager in North Delhi, the magazine added. “Students and activists had gathered outside the Model Town police station to demand the registration of an FIR in the case,” it said. Caravan also shared a photo of the injuries on Penkar’s back.

Penkar later submitted a complaint to Delhi Commissioner of Police SN Srivastava. The journalist said that he saw a group of people gathered around the police station, demanding that the police file an FIR in the rape case.

Penkar said he was speaking to the 14-year-old girl’s aunt when the police began taking the protestors inside the station. He held up his press card and kept repeating that he was reporting the news, but the police took him inside too.

The journalist said that the police forcibly took his phone from him and deleted all the videos that he had recorded while reporting. “The police was abusing us the whole time and threatening us,” Penkar said in his complaint. “After a little time, the ACP Ajay Kumar came into the room holding a steel rod and threatened to beat us with the rod.”

Penkar added that Kumar kicked him in the face, back and shoulders. He also said that the police officer stamped on his ankle and threatened to register a case against him and others. The journalist added that he also saw the police beat up a Muslim man and a Sikh boy. He demanded an FIR against the police officers who assaulted him.

In August, three journalists from magazine were attacked by a mob in North East Delhi’s Subhash Mohalla neighbourhood while they were reporting on a story.

Journalists Prabhjit Singh, Shahid Tantray and their colleague were covering communal tensions that broke out in the area on the night of August 5, following the foundation-laying ceremony of the Ram temple in Ayodhya. In his complaint to the police, Singh said that had he not intervened, Tantray would have been beaten to death by the mob since he was a Muslim.

At a meeting organised by the Press Club of India on August 13, the journalists said that the Delhi Police had been helpless and scared of the mob.

Several journalists’ organisations had expressed outrage over the attack on Singh, Tantray and their colleague and demanded a first information report against the accused. The Editors Guild of India called the attack on the journalists “reprehensible” and demanded that the police take quick action against the guilty.

Scroll

A Dalit writer and activist, Durai Guna, has been arrested in Tamil Nadu’s Pudukottai district for putting up sarcastic ‘recruitment’ posters — critical of the district administration in a circuitous way — across his native town. The posters are a way to protest against alleged administrative apathy and inaction against encroachment of a waterbody in his village.

The posters appeared as an advertisement and mockingly ‘invited’ candidates for posts ranging from tehsildar to district collector, leaving Revenue officials fuming, according to a senior police officer.

The waterbody concerned — Vettukulam water tank, spread on 3 acres of land — is in Karambakudi village of the district.

The police officer said Guna was arrested late on Tuesday based on an FIR registered under non-bailable charges under IPC Sections 170 (pretending to hold any post as a public servant) and 501 (printing any matter known to be defamatory), among others.

The officer said, “The posters defamed the administration. We received the complaint from a village official, and were told to file a case and arrest him.”

Maintaining that Guna had “motives” to defame the administration when he had proper methods to raise a complaint, District Collector P Uma Maheshwari said, “Now I have decided to book all encroachers (of the waterbody concerned) under Goondas Act.”

The poster — titled “Job Openings, People Needed” — invited honest and efficient candidates for the posts of collector, district revenue officer, tehsildar and village administrative officer in order to revive a waterbody by removing encroachment as per Madras High Court’s order. According to it, qualifications required were “common sense, self-respect and maturity.”

Asked about the arrest on serious charges for what was seemingly a harmless protest criticising the administration, District Collector Maheshwari said, “There were many complaints against him. He was arrested twice for different offences. I am told by the police that there are four FIRs against him and he was let out on bail after arrests on both occasions.”

Stating that Guna never approached her with a petition on the issue, Maheshwari said: “He petitioned the tehsildar. Our officials inspected the land and decided to give two months’ time since they (villagers) had already sown crops for this year.”

Indian Express

The Uttar Pradesh Police has booked Malayalam journalist Siddique Kappan and three others for sedition as well as under the stringent UAPA, a day after they were stopped on their way to Hathras, home to a Dalit woman who died after being allegedly gang-raped. Siddique from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur have been booked by the Mathura police. Siddique Kappan is a senior Delhi-based journalist, doing freelance work for several Malayalam media houses, including azhimukham.com.

The FIR (first information report) copy, accessed by TNM, alleges that the four men had gone to disrupt the peace in Hathras and there is a big conspiracy behind their visit. The Uttar Pradesh police had earlier said that they had arrested them for having links with the Popular Front of India (PFI) and its affiliate in Mathura. However, the PFI link has not been mentioned in the FIR at all.

The FIR shows that the four have been booked under 153A (promoting enmity between different groups), 295-A (deliberate and malicious acts, intended to outrage religious feelings) and 124A (sedition) of the Indian Penal Code, as well as section 17 (punishment for raising funds for terrorist act) and 14 (punishment for unlawful activities) of the Unlawful Activities (Prevention) Act, 1967.

All the four have also been booked under section 65 (tampering with computer source documents), 72 (punishment for sending offensive messages through communication service) and 76 (punishment for violation of privacy) of the Information Technology (Amendment) Act, 2008.

The FIR also mentions the website, justiceforhathrasvictim.carrd.co, which had information on how to protest safely and avoid the police. The police have stated that the website incites violence and threatens the law and order situation. “The main intention of this website has been found to be to encourage communal hatred, cause unrest in the society and to spark riots on a large scale,” the FIR states, adding that the four have been arrested over “larger conspiracy”. The four accused have been accused of running the website and that it has been created under the garb of 'collecting funds' to incite violence. However, the PFI link has not been mentioned in the FIR.

The Uttar Pradesh police had on Monday said that it seized the mobile phones, laptops and some literature, which “could have an impact on peace and law and order”, from the arrested people. During interrogation, it came to light that the four arrested people had links with the PFI and its associate organisation Campus Front of India, the UP police had claimed.

The Delhi unit of Kerala Union of Working Journalists (KUWJ) has written to Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath seeking his release, saying he was going to Hathras only to perform his duty as a reporter. Terming Kappan's arrest as illegal and unconstitutional, the KUWJ also filed a habeas corpus petition in the Supreme Court on Tuesday seeking his immediate production before the court and release from the "illegal detention".

Kappan is also the KUWJ's secretary and was proceeding to Hathras only to do his duty as a reporter, KUWJ's Delhi unit president Miji Jose told the Chief Minister in her letter, urging him to order his release.

"We understand that he was taken into custody by Uttar Pradesh police from Hathras toll plaza. Our efforts and the efforts by some advocates based in Delhi to contact him were not successful," KUWJ said.

Hathras has been in the news following the death of a 19-year-old Dalit woman who was allegedly gang-raped on September 14 in a village in the district. And her cremation at night, allegedly without the parents' consent, has triggered widespread outrage.

NEWS Minute

An 83-year-old Jesuit priest has been arrested by the National Investigation Agency (NIA) in connection with the probe into the 2018 violence in Maharashtra's Koregaon-Bhima village.

Father Stan Swamy, an activist working with tribals, was picked up from his home in Jharkhand capital Ranchi by a team of NIA officials from Delhi. The officials reportedly spent around 20 minutes at his home before taking him away.

The arrest has sparked outrage. Author and historian Ramachandra Guha said Stan Swamy has spent a "lifetime fighting for the rights of adivasis."

"That is why the Modi regime seeks to suppress and silence them; because for this regime, the profits of mining companies take precedence over the lives and livelihoods of adivasis," Mr Guha tweeted.

Lawyer-activist Prashant Bhushan tweeted, "...Now arrested by the NIA under UAPA! The venality of this BJP govt & NIA knows no bounds (sic)."

The probe agency claimed that Stan Swamy is a member of the banned Communist Party of India-Maoist (CPI-Maoist) and was "actively involved in its activities".

"He also received funds through an associate for furtherance of the CPI (Maoist) activities," officials of the probe agency said.

The agency said documents and propaganda material of the CPI (Maoist) and literature were seized from Stan Swamy, adding that he was in contact with the other accused in the Koregaon-Bhima case.

"The NIA is after me. I'm being pressurised to go to Bombay... The NIA questioned me for 15 hours... I'm being called to the Mumbai office of the NIA. I refuse to go there. I am 83 and have health issues. I don't want to expose myself to the coronavirus. I have never been to Bhima Koregaon," Stan Swamy had said in a video on October 6.

"If NIA wants to question me, they can do so via video-conferencing," he said.

Several prominent activists, scholars and lawyers have been jailed for over two years while they await trial.

Stan Swamy, who has several health issues, is the oldest person to be in custody in the Koregaon-Bhima case. He has been questioned several times in the past in connection with the case. Originally from Kerala, Stan Swamy has been working for tribals in Jharkhand for over five decades.

The case relates to an event on December 31, 2017 in Pune which was followed by violence and arson in Maharashtra that left one person dead.

Investigators claim that the activists at the Elgar Parishad meet had made inflammatory speeches and provocative statements, which it said had triggered violence the next day.

Last month, the Supreme Court declined to entertain a plea for an interim bail on medical grounds by lawyer-activist Sudha Bharadwaj, who is among the accused in the case. Ms Bharadwaj, 58, has been in jail in Mumbai for over two years and is suffering from diabetes and comorbidities and wanted interim bail so that she could take a medical check-up, her lawyer had said.

The investigation also claimed to have uncovered a plot to assassinate Prime Minister Narendra Modi.

During the investigation, the NIA said, it was revealed that senior leaders of the CPI (Maoist), a banned organisation under the Unlawful Activities (Prevention) Act, were in contact with the organisers of the Elgar Parishad event as well as the accused arrested in the case to spread Maoist and Naxal ideology and encourage unlawful activities.

NDTV

On 7 and 8 September 2020, human rights defenders, Sagar Tatyarao Gorkhe, RameshMurlidhar Gaichor and, woman human rights defender Jyoti Jagtap of the Kabir Kala Manchwere arrested by the National Investigation Agency (NIA), in relation to the violence that broke-outat Bhima Koregoan on 1 January 2018. The three defenders are currently being held in NIAcustody in Mumbai.Kabir Kala Manch (KKM) is a Pune based cultural troupe formed by members of the youth in theBahujan community in the state of Maharashtra. Their performances speak out against the castesystem and the various atrocities committed against the community across the country. SagarTatyarao Gorkhe, Ramesh Murlidhar Gaichor and Jyoti Jagtap form part of a group of musiciansand poets in the cultural organisation. As part of the group, the three defenders performed at the‘Bhima Koregaon Shaurya Din Prerana Abhiyan’ on 31 December 2017,a celebration of the 200thanniversary of the Dalit victory over the Peshwas (upper caste rulers) in the Battle of Koregaon. On 7 September 2020, human rights defenders Sagar Tatyarao Gorkhe and Ramesh MurlidharGaichor were arrested at the NIA office in Mumbai. Almost two months previous, between 13 and15 July 2020, the defenders had been called in for interrogation by the NIA, under the pretence ofbeing witnesses to Maoist activity. On 2 September 2020, both defenders were issued a notice bythe NIA, asking them to appear again on 4 September 2020 for further questioning. During theinterrogation, both Sagar Tatyarao Gorkhe and Ramesh Murlidhar Gaichor were asked to implicatethose currently detained in the Bhima Koregaon case by making a false admission that thedetainees had been in touch with Maoists. Furthermore, the interrogation officials went on to statethat they would release the two defenders if they gave a such a statement under Section 164 of theCode of Criminal Procedure (CrPC), which has a provision for witnesses to avoid arrest. Bothdefenders were then asked to go to the NIA office on a daily basis until 7 September 2020, at whichpoint they were arrested. The following day, the defenders were brought before a NIA SpecialJudge who ordered them to be held in NIA custody until 11 September 2020. The custody hasbeen extended until 19 September 2020.On 8 September 2020, woman human rights defender Jyoti Jagtap was arrested by the Anti-Terrorism Squad in Pune, and then later brought to the NIA in Mumbai. The previous day, on 7September 2020, the defender had gone to the NIA office in Mumbai after receiving a notice topresent herself earlier that day. She was briefly questioned but no statement was taken by theauthorities. When she was arrested the next day, she was brought before the NIA Special Judge on9 September 2020, who remanded her to police custody until 11 September 2020. The custody hasbeen extended until 19 September 2020.The three defenders have been targetted since their participation in the ‘Bhima Koregaon ShauryaDin Prerana Abhiyan’ in December 2017. Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichor andJyoti Jagtap were all named in the initial First Information Report of the Bhima Koregaon case. On17 April 2018, the homes of all three defenders were raided by the Pune police, who seized all oftheir electronic devices, including mobile phones, CDs and hard disks. The defenders were notpresented any warrants authorising the search and neither was an inventory of items provided bythe police.The arrest of Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichor and Jyoti Jagtap, and thecontinued incarceration of twelve others accused in the Bhima Koregaon case are a direct reprisal for their peaceful human rights work. The arrests take place during COVID-19, despite the risk thatimprisoned human rights defenders face in this context. Front Line Defenders has previouslyexpressed concerns over the continued detention and health of the accused in the context of thepandemic, seeing most of them fall in the ‘at-risk’ category, and in particularhas askedthatimmediate medical attention be provided toVaravara Rao.Front Line Defenders condemns the arrest of Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichorand Jyoti Jagtap and the continued incarceration of Varavara Rao, Sudha Bhardwaj, VernonGonsalves, Gautam Navlakha, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Shoma Sen, AnandTeltumbde, Mahesh Raut, Surendra Gadling and, Hanu Babu as it believes they are directly relatedto their peaceful human rights work on behalf of the most marginalised communities in India.

FLD

On television and in the courtroom, the young lawyer could be a force. Babar Qadri stood as a rare, pugilistic voice arguing on behalf of his native Kashmir, the rocky region long torn between India and Pakistan, on India’s combative and increasingly nationalistic talk shows.

Shouted at, he would shout back. More than once, an angry host kicked him off the air.

On Thursday, Mr. Qadri, 40, was shot to death in his home, making him one of the most high-profile casualties of the violence wracking Kashmir.

Family members said an assailant posing as a potential client shot him in the head and chest in the courtyard of his home in the old part of Srinagar, the capital of Kashmir. The identity of the assailant was not clear, the police said, according to local media. They declined to answer questions from The New York Times on Friday.

Kashmiris on Friday mourned Mr. Qadri as a rare public advocate for his home in a troubled time. One year ago, India tightened its hold on the Kashmir region, and local activists say speaking out has become increasingly dangerous.

“The lion was killed in his den,” said Majid Hyderi, a longtime friend of Mr. Qadri, citing a common nickname for him. “With his killing, we have lost a roaring voice for peace.”

Long volatile, the predominantly Muslim Kashmir region has suffered growing violence since the Indian government last year revoked the region’s semiautonomy and increased its security presence there. The move hardened the attitudes of militants who have fought for years for independence from India and sidelined moderate voices calling for ways to improve relations with the government of Prime Minister Narendra Modi, who has taken an increasingly hard line toward India’s Muslims.

Mr. Qadri’s death is part of a wave of political assassinations that have shaken the region in the last few months. It was the first killing of a prominent civil society member since the killing of Shujaat Bukahri, the editor of a local daily newspaper, two years ago. Editors’ Picks Nicole Kidman Leans Into the Pain The One Name the W.N.B.A. Won’t Say Buried in Salt, These Potatoes Are a Joy to Eat Continue reading the main story

Mr. Qadri had said in recent weeks that he had received death threats. On Twitter this week, he said the police should investigate people who had accused him of being a man of “agencies,” implying he worked secretly for Indian intelligence.

“The sense of tragedy is all the more because he warned of the threat,” Omar Abdullah, a former chief minister of the region, wrote on Twitter. “Sadly his warning was his last tweet.”

Mr. Qadri’s round, bespectacled face was famous in the region and throughout India for his vociferous criticism of New Delhi’s increasingly stronger hand in Kashmir. In person, he could be shy and retiring and would rarely interrupt others, unlike when he was on television. He also had sharp words for Pakistan, which India accuses of supporting pro-independence Kashmiri militants and other armed groups.

Both countries, Mr. Qadri said in an interview with The Times about a month before his death, “play with the dead bodies of Kashmiris.”

Mr. Qadri grew up in Srinagar speaking Kashmiri, Hindi and English, which later made him an effective spokesman in polyglot India. He studied law in the city and became a human rights lawyer. He was a common sight in Srinagar, driving around the city in a gray hatchback with his two young daughters.

He rose to prominence in 2012, when Indian police forces accused a number of children of attempting to murder officers and burning police vehicles. A photo of him wearing a gray suit, perhaps a size too large, while trying to comfort a terrified boy being led away by a police officer went viral on the Kashmiri internet. When the boy was set free, his family members said Mr. Qadri had argued in court on his behalf “like a lion,” giving the young attorney the nickname.

As security forces put more Kashmiris in prison, Mr. Qadri was widely sought after, and he became known for his ability to win the freedom of children in particular. He also became a frequent guest on Indian television, where he sharply criticized the Indian forces for their harsh oversight of Kashmir.

Mr. Qadri kept up his television appearances even as Indian media became increasingly nationalistic after the election of Mr. Modi in 2014. As Indian forces stepped up their enforcement efforts in Kashmir in the name of fighting terrorism, he faced an increasingly difficult reception. Other panelists often called him “Mr. Traitor.”

Late Thursday, as the dust settled in the city, Mr. Qadri’s body, covered by a red blanket, was put in an ambulance and taken to his ancestral home in north Kashmir, where family and friends lowered his body into the ground and bade him farewell.

Friends and relatives beat their chests. During the procession, one of Mr. Qadri's daughters — Zahera, 4 — asked her mother where her father was, according to Surat Shakeel, a family friend. Mr. Qadri’s wife told her that he had gone to perform the hajj, the pilgrimage to Mecca. Kashmiri parents often tell their children that the dead have gone to hajj.

Burhan Ahmad Bhat, a university student who participated in the procession, said he wondered whether Mr. Qadri’s killers would be found and whether they would continue to be labeled “unidentified,” like the killers of so many other Kashmiris.

“All we know is that they are killed by unidentified gunmen,” Mr. Bhat said. “But we never come to know why.”

NY Times

The complete freezing of Amnesty International India’s bank accounts by the Government of India which it came to know on 10 September 2020, brings all the work being done by the organization to a grinding halt. The organisation has been compelled to let go of staff in India and pause all its ongoing campaign and research work. This is latest in the incessant witch-hunt of human rights organizations by the Government of India over unfounded and motivated allegations, Amnesty International India said today.

“The continuing crackdown on Amnesty International India over the last two years and the complete freezing of bank accounts is not accidental. The constant harassment by government agencies including the Enforcement Directorate is a result of our unequivocal calls for transparency in the government, more recently for accountability of the Delhi police and the Government of India regarding the grave human rights violations in Delhi riots and Jammu & Kashmir. For a movement that has done nothing but raise its voices against injustice, this latest attack is akin to freezing dissent,” said Avinash Kumar, Executive Director of Amnesty International India.

Amnesty International India stands in full compliance with all applicable Indian and international laws. For human rights work in India, it operates through a distinct model of raising funds domestically. More than four million Indians have supported Amnesty International India’s work in the last eight years and around 100,000 Indians have made financial contributions. These contributions evidently cannot have any relation with the Foreign Contribution (Regulation) Act, 2010. The fact that the Government is now portraying this lawful fundraising model as money-laundering is evidence that the overbroad legal framework is maliciously activated when human rights activists and groups challenge the government’s grave inactions and excesses.

The attacks on Amnesty International India and other outspoken human rights organizations, activists and human rights defenders is only an extension of the various repressive policies and sustained assault by the government on those who speak truth to power. “Treating human rights organisations like criminal enterprises and dissenting individuals as criminals without any credible evidence is a deliberate attempt by the Enforcement Directorate and Government of India to stoke a climate of fear and dismantle the critical voices in India. It reeks of fear and repression, ignores the human cost to this crackdown particularly during a pandemic and violates people’s basic rights to freedom of speech and expression, assembly, and association guaranteed by the Indian Constitution and international human rights law. Instead, as a global power and a member of the United Nations Human Rights Council, India must fearlessly welcome calls for accountability and justice,” said Avinash Kumar.

As part of the Nobel Prize winning movement, Amnesty International India holds itself to the highest evidentiary standards. Our work in India, as elsewhere, is to uphold universal human rights and build a global movement of people who take injustice personally. These are the same values that are enshrined in the Constitution of India and flow from a long and rich Indian tradition of pluralism, tolerance and peaceful dissent.

———

BACKGROUND: CHRONOLOGY OF ATTACKS AND HARASSMENT OF AMNESTY INTERNATIONAL INDIA:

On 25 October 2018, Amnesty International India endured a 10-hour-long raid as a group of officers from the Enforcement Directorate (ED), a financial investigation agency under the Ministry of Finance, entered its premises and locked the gates behind them. Most of the information and documents that were demanded during the search were already available in the public domain or filed with the relevant government authorities. The residence of a Director was also raided.

Immediately after the raid, the bank accounts were also frozen by the ED. As a result, Amnesty International India was forced to let go of a number of its staff, adversely affecting its work in India including with the marginalised communities. Despite the ongoing investigations and before the framing of charges, the Government of India started a smear campaign against Amnesty International India in the country through selective leaking of documents gathered by the ED, to government-aligned media outlets. This resulted in a malicious media trial against the organization.

In early 2019, the Department of Income Tax started sending investigative letters to more than 30 small regular donors. Apparently, the department did not find any irregularities but the process adversely affected the fundraising campaigns of Amnesty International India.

In June 2019, Amnesty International India was denied permission to hold the press conference launch in Srinagar to release its third ‘Lawless Law’ report on the misuse and abuse of Public Safety Act in Jammu and Kashmir. It was forced to digitally release it.

On 22 October 2019, Amnesty International testified at the US Congressional hearing on the situation of human rights in South Asia with specific focus on Jammu and Kashmir since the unilateral abrogation of Article 370 of the Constitution of India.

On 15 November 2019, two weeks after the testimony and amid rumours of impending arrests of the organizations top officials, the offices of Amnesty International India and the residence of one of its directors were raided again by the CBI. The raids were conducted on the basis of a First Information Report filed by the Ministry of Home Affairs over unsubstantiated allegations of suspected violations of Foreign Contribution Regulation Act. It suggested investigations be launched under other laws like Prevention of Money Laundering Act.

On 13 April 2020, Amnesty International India called on the Uttar Pradesh Government to stop its intimidation of journalists through use of repressive laws during a pandemic. On 15 April 2020, the Cyber Crime Police Station, Lucknow, Uttar Pradesh notified Twitter to furnish information about Amnesty International India’s Twitter account @AIIndia which the organization uses to monitor and analyse developments in international human rights law and Indian constitutional and criminal law related to human rights issues.

On 5 August 2020, marking the first anniversary of the abrogation of Article 370 of the Constitution of India, Amnesty International India released an update on the situation of human rights in Jammu and Kashmir.

On 28 August 2020, marking the six-month anniversary of the riots that took place in North-East Delhi in February 2020, Amnesty International India released an investigative brief on the complicity of Delhi police in the riots which claimed the lives of at least 53 people, mostly from the minority Muslim community.

The release of the two publications has provided fresh impetus to the establishment to harass and intimidate Amnesty International India through its investigative agencies.

On 10 September 2020 Amnesty International India came to know that all its bank accounts were completely frozen by the Enforcement Directorate bringing most of the work of the human rights organization to a grinding halt.

Amnesty International

Expressing grave concern about the physical assault of a human rights defender and the subsequent apathy by Satara police, the Human Rights Defenders Alert and the National Dalit Movement for Justice (NDMJ) have written an urgent letter of appeal on September 29.

The letter addressed to the National Human Rights Commission of India (NHRC), the Maharashtra State Human Rights Commission (SHRC) and various UN officials demanded action against the rural police for their apathetic treatment of the physical assault case of Advocate Sujit Nikalje and his family by local goons for his work as a human rights defender.

As many as six people allegedly assaulted the Dalit rights activist and lawyer, who was returning to Phaltan from Dhumalwadi on September 6, along with his wife and his brother’s family. The family was returning from a visit to a nearby waterfall when the group of miscreants verbally and physically harassed them. A crowd that had rushed to the family’s help after hearing their shouts caught one attacker Kunal Gaikwad and handed him over to the police.

The organisations alleged that the Inspector of Phaltan rural police, Nitin T Sawant, not only failed to apprehend the attackers but also threatened Nikalje for a baseless offence of entering a restricted waterfall area.

“The fact is that the waterfall comes under the jurisdiction of Dhamalwadi Panchayat, which had decreed that locals were allowed to visit it. The attackers were in fact in contravention to the Panchayat’s orders barring outsiders from visiting the waterfall. Furthermore, the police let off the Mr. Gaikwad on September 6, 2020, without registering a case despite having been caught red handed,” wrote the organisations.

They demanded that Satara’s Superintendent of Police file a report against the Inspector, the rural police and other personnel for wilful negligence and inaction to register the Advocate’s case.

The organisation also asked that the charge of attempt to murder be added to Nikalje’s existing FIR along with other charges of voluntary hurt, assault on a woman to outrage her modesty, unlawful assembly and armed rioting. Lastly, they demanded compensation for the Dalit rights activist who was assaulted on account of his human rights work.

“We urge that this case is treated as a case of reprisal on the human rights defender,” said the letter.

Five of the six accused were arrested on September 10 following intervention by Superintendent of Police Ms. Tejaswi Satpute. However, Mr. Deepak Gaikwad continues to be absconding.

The organisations that believed the attack was of a pre-meditated nature said, “He [Gaikwad] has been identified by the HRD as being the leader of the pack and took the lead in instigating the attack against the HRD. The fact that he continues to be free puts the life of the HRD [Nikalje] and his family in imminent threat.”

Sabrang India

The malicious attacks on Adivasis are on the rise even as illegal felling of trees and other intimidation tactics by the forest department continue in isolated incidents across the country. The latest incident took place in Madhya Pradsh where some forest officials illegally detained, assaulted and tortured two activists: Kailash Jamre and Pyarsingh Waskale working for Jagrit Adivasi Dalit Sangathan in Burhanpur district Madhya Pradesh.

On August 29, two Adivasis- Jabarsing Keriya and Somla Chamarsingh were picked up while going back to their village after buying groceries. No information was provided to villagers until late that night. The next morning, the forest staff called Kailash Jamre and asked some of them to come to court to apply for bail for the two tribals. Pyarsingh Waskale accompanied Kailash as they attended the hearing of Jabarsingh and Somla. The forest department offered no evidence, nor did they present a chargesheet of the crimes committed by the two, however their bail application was rejected. As Kailash and Pyarsingh were exiting the court, on August 30, they were forcibly picked up by Khaknar Range Officer Abhay Singh Tomar and a few others.

Kailash and Pyarsingh were then taken to Khaknar Range office, where they were illegally locked up all night, and were allegedly brutally beaten up by around 20-25 staff and officers. According to Kailash, 2 or 3 people would hold their limbs while the others beat them with lathis. Most were drunk, and kept abusing them for ‘talking too much about the law and being the leaders of the sangathan’.

When the news of the illegal detention reached the village, many Adivasis gathered at Khaknar police station late at night and demanded registration of FIR against the forest officials. But, like in so many other cases of recent times, the police refused to file FIR and instead threatened the Adivasis with arrest. They were also allegedly misled by the police that Kailash and Pyaarsing had been taken to Burhanpur and that they had not been mistreated and would be produced in Court the next day.

They were brought to the District Court, Burhanpur, the next day and as Kailash and Pyarsingh were so brutally beaten up in custody, Kailash could barely stand and collapsed in court, whereafter he was hospitalised for 6 days and he is still unable to walk.

Both Kailash Jamre and Pyarsing Vaskale, of Rehmanpur village in Khaknar block are active members of Jagrit Adivasi Dalit Sangathan and constantly educate Adivasis about the provisions of the Forest Rights Act and their other legal rights. They have also, along with others, been active in opposing illegal clearing of forests which is happening with the active connivance of forest officials. They were mercilessly beaten up by forest department officials who said, “Tum hi jyaada kanoon karte ho.. dekhte hai teri sangathan kitni mazboot hai” (You are the ones who talk too much about the law.. now let’s see how strong your organisation is).

The region has a history of violence against Barela and Bhilala Adivasis who are claimants under the FRA. The forest staff, for decades has been demanding money from Adivasis for sowing, harvesting along with threats of false charges and cases slapped on them. Kailash and Pyarsingh are activists who for the past two years have been generating awareness about the Forest Rights and other legal rights and entitlements for Adivasis – putting an end to the decades of extortion by forest staff and officials from Adivasis for simply growing food.

Kailash himself and Jagrit Adivasi Dalit Sangathan, as an organization have written to the District Collector and Superintendent of police giving a detailed account of the incident and demanding action. They have demanded that strict action be taken against the forest officials and they be booked under sections of the IPC as well as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as also the false cases against the adivasis and the activists be withdrawn.

Organisations that work at grassroots level to awaken and strengthen tribal communities seems to have become the new target of forest officials possibly because these activists always come to the rescue and raise their voice along with fellow adivasis whenever any injustice is meted out by forest officials.

Sabrang India

A fortnight ago, tribal rights champion Soni Sori found herself in quite a conundrum. On September 24, she had tested positive for COVID-19. A day later, she was supposed to present herself before the National Investigation Agency (NIA) for an inquiry in the killing of Bheema Mandavi, a Bharatiya Janata Party MLA, and four policemen in an alleged Naxal attack from the past year.

Sori had informed the officials about her health condition; they, however, insisted she still appears. Four days later, the local administration went ahead and booked her under sections of the Indian Penal Code for violating the quarantine rules.

Sori, who had remained active through the lockdown, visiting villages and helping people in need in the tribal district of Dantewada in Chhattisgarh, developed symptoms in the month of September. As fever persisted, she decided to get herself tested. “The result stated I was infected by coronavirus. The local health officials came and put me in quarantine immediately at my residence in Geedam (a tehsil in Dantewada),” she says.

But when Sori called the NIA officials informing them about her health status, she says the officers refuse to believe her. “I was asked to make arrangements and be present before the NIA’s Dantewada office, over 80 km away,” she says. Sori’s health condition scared her neighbours, and local travel agents were unwilling to lend their vehicle for the travel, her nephew Lingram Kodopi says. The two were then forced to travel on a bike amid heavy rains.

“I was burning with a high fever. I was afraid they would detain me in the case. They questioned me for over seven hours despite my condition,” she adds.

Sori was informed about her health condition by Devendra Pratap Singh, a health officer in Geedam. Despite the positive report, the Dantewada police, along with the NIA insisted a second test was conducted. The second test too came out positive. But Sori alleged that despite the rapid test kit clearly indicating that she was positive, the police and Pratap declared that she had tested negative and is fit to face the inquiry.

But then, Singh later went ahead filing a case against Soni under Sections 188, 269, and 270 of the Indian Penal Code for disobeying an order duly promulgated by a public servant, for indulging in a negligent act likely to spread infection of disease dangerous to life and malignant act likely to spread infection of disease dangerous to life respectively. All three sections are bailable.

When The Wire approached Singh for his comment, he confirmed that an FIR has been registered. “I merely did my job. I am in-charge of the region and since Sori had travelled even when she was put under strict quarantine, I was duty-bound to report her to the police,” he said. When asked why he had claimed that she was negative on the day of Sori’s appearance before the NIA, Singh denied having made such a statement. He also confirmed that she tested positive both times. The former chief medical officer, Dr S.K.P. Shandilya, who was in-charge of the Dantewada region until three days ago, also confirmed that Sori had tested positive. The Wire has accessed her medical reports and also the FIR registered by Singh.

Sori, who has faced police atrocities including sexual torture and prolonged incarceration in the past, shared that she finds the state police and the NIA’s act inhumane. “If questioning me was so important, the NIA could have waited for a few weeks. Why did they insist I travel even when they are fully aware that this illness spreads super fast? It wasn’t just about my health alone, I could have endangered so many more lives,” she says.

Under Section 160 of the Code of Criminal Procedure, the investigating agency ought to have travelled to her residence. The section states, “…provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.” The section also makes provision for travel allowance. But Sori says she was asked to make her own arrangement.

Bheema Mandavi murder case

On April 9, 2019, Bheema Mandavi, then the sitting BJP MLA from Dantewada, and four personnel of the Chhattisgarh Armed Force (CAF) were killed after Maoists had allegedly blown up their vehicle with an IED. This incident took place near Shyamgiri village under the Kuakonda police station area of Dantewada. The case was handed over to the NIA for investigation and on October 2, the agency filed a bulky chargesheet and named 33 persons as accused.

The NIA was in a hurry to question Sori before filing the chargesheet.

In the chargesheet, the NIA has claimed that the attackers after the ambush had also looted the arms and ammunition of the security personnel. All accused have been booked under several sections of the IPC, the Arms Act, the Explosive Substances Act and the Unlawful Activities (Prevention) Act, 1967.

While the Jagdalpur team of the NIA refused to take Sori’s health condition seriously, its Bombay team, investigating the 2018 Elgar Parishad’s case, cancelled its scheduled questioning last week. Sori, who was one of the many guest speakers at the Elgar Parishad event organised in Shaniwarwada of Pune to celebrate the 200th anniversary of the battle of Bhima Koregaon, was to be questioned by the NIA. A team of officers had reportedly traveled to Dantewada but decided to return on finding out about her health condition. The team spoke to Sori on the phone instead and has rescheduled a visit to Dantewada to the coming week.

Wire

Mr. Dhirendra Pratap isa Dalit rights activistandthe national president of an organization called "Purvanchal Sena” formed in 2006 and working against the oppression of Dalits.

On September 08, 2020,in Kusmaul village in Gorakhpur, a candidate for Pradhan’s election Mr. Sonu Jatav was abusedwith‘casteist slurs’by the sitting Gram PradhanMr. Vivek Shahi.Mr. Dhirendraand his organisationopposedthis incident and the police filedan FIR under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (PoA) against the Pradhanon September 09, 2020.However,Mr. Vivek was not arrested and he is alleged to have gone to the Dalit colony and abused Dalits in front of the police.The police instead of upholding law and order and arresting Mr. Vivek, remainedsilent and abetted the atrocities. A video was also made of this incident.Mr. Dhirendra and his organisation were constantly demanding the arrest of Mr. Vivek.

On September 18, 2020, around 02:00 AM, 20-25 men in plain clothes, armed with guns,jumped the wall and entered Mr. Dhirendra’shome in village Betiahata,Gorakhpur.When Mr. Dhirendra’s fatherenquiredwho they were and how did theyenter hishome, they said that theywere from the crime branch andhad come for an investigationand started searching their home room by room. Mr. Dhirendra was sleeping in hisroomduring this time. When he woke up, the intruders told him too that theyare from the crime branch and said that “You are Dhirendra ‘Purvanchal Sena’ president, now you will know how to become a leader.”Mr. Dhirendra asked them for anarrest warrant or notice, hearing which theystarted abusing himand forcibly triedto take him. Mr.Dhirendra's younger brother was recording this entire incident onhis mobile. After seeing him record the incident, the policemen snatched the mobile from the younger brother and took him too forcibly. They also abused and harassed women.When the two brothers were brought out of the house, the family also came out and noticed that some policemen inuniformwere standing outside the house.There were 6-7 cars,including a police jeep. The policemen started slappingboth HRDs, while trying to force both brothers into theircar. When their father tried to rescue his son, they tried to beat him with a lathi. Then theyforcibly abducted both thebrothersandtook them.In themorningtheirfather went to nearest police station–Cantt Police Station in Gorakhpur –and asked about his sons. But the policemen replied that they did not knowabout them. He then went to successive police stations to ask about his sons but did not get any information. Then he went to the Senior Superintendent of Police (SSP)GorakhpurMr.Bhupendra Kumar Singh’s office but Mr. Singh was not present,so he left a letter regarding the incident. Around 02:00 PM,hemet the District Magistrate(DM) of Gorakhpur Mr. VijendraPandiyan and told him the incident. The DM assured him that he will find his sons. Around 03:00 PM,Mr.Dhirendra and his brotherwere brought to the district hospitalof Gorakhpur for medicalexamination andafter medical theywere sent to the Gorakhpur District Jail. At 3:03 pm an FIR was registered by Mr. Amit Kumar Chaturvedi, Sub-Inspector atCantt Police Station, Gorakhpurunder sections307(Attempt to murder),332(Voluntarily causing hurt to deter public servant from his duty), 353(Assault or criminal force to public servant from discharge of his duty)against Mr. Dhirendra, Mr. Yogendra Pratap and another personMr. Vicky David.TheFIRstated that on the night of September17-18, 2020, Mr. Chaturvedi, (Sub-Inspector) along with Constables Deepak Kumar and Ram Chander Yadav were on duty at Betiahata Chauraha, Betiahata, Gorakhpur.From the Crime Branch, Mr. Sadiq(SI), Mr. Chandrabhan (SI), Mr. Rashid (Head-Constable), Mr. Dharmendra (Constable), Mr. Yogesh (Head-Constable), Mr. Pradeep (Constable), Mr. Rakesh (Constable), Mr. Indresh (Constable), Mr. Qutbuddin (Constable) and Mr. Monish (Constable) had gone to the Betiahata Chauraha. They were told by aninformer that a wanted criminalMr. Vikky David is standing near Hanuman temple with two people.After getting the information, 15 policemenreached Hanuman Templewhere theysaw three people standing who said their names wasMr. Vicky David, Mr. Dhirendra Pratap and Mr. Yogendra Pratap. When all of them were body searched,it seemed as if Mr. David had a gun and in the scuffle severalpolicemen fell downand all three of themran away firing.Mr. Chaturvedi statedin FIR that,“the police searched for them but all three could not be found. That's why I'm filing a FIR”.Mr. Dhirendrawas constantly persuadingthe policeto uphold the constitution and act against Dalit atrocities. This is the main reason why the police targeted Mr. Dhirendra.The entire narrative showcasesextreme neglect and misuse of power by the Gorakhpur police. From not arresting Mr. Vivek and then abetting crime against Dalits to the post-midnight raid, abduction and illegal arrest in a fabricated case demonstrate a state of complete lawlessness in Gorakhpur. Acts by the police depict extremely serious and blatant violations of arrest procedures of the Cr.P.C, the DK Basuguidelinesand NHRC’s ownguidelineson arrestprocedures.

HRD Alert India

Adv. Varsha Deshpande is a well-known activist in Maharashtra and is based out of Satara district. She has worked for many years against social malpractices such as female foeticide and child marriages. She is also the founder president of the organizationcalled ‘Dalit Mahila Vikas Mandal’ which works with Dalit women for self-employment and has also established Free Legal Aid Center in 1996 with the help of Maharashtra Legal Aid Society.

Ms. Tamanna Mujawar and Ms. Aishwarya Jadhav, both residents of Satara,had money dealings in the past due to which a dispute broke out between them. Ms. Jadhavhad borrowed Rs. 15000 from Ms. Mujawar of which she had returned Rs. 12,500.Since they were unable to resolve the issue,Ms. Jadhav approached the Free Legal Aid Centre on August 24, 2020. However unable to resolve the issueeither, both wereaskedby the WHRD to visit the Satara City police station.

On August 25, 2020, the Satara City Police registered an FIR against Adv. Varsha Deshpandebased on a complaint filed by Ms. Mujawaralleging that the WHRD had physically assaulted her and demanded a ransom.The complaint stated that whenadispute croppedup between her and Ms. Jadhav at the Free Legal Aid Centre, Adv. Deshpande threatened her that she would initiatea legal case against her and also slapped her. Ms. Mujawar also accused Adv. Deshpande of demanding aransom of Rs. 50,000, failing which shewould file a complaint against her.Based on her complaint,the Satara city policestationcharged the WHRD under sections 384 (extortion) and 323 (causing voluntary hurt) of the Indian Penal Code(IPC).In her complaint, Ms. Mujawarsaid that the Ms. Jadhav had asked her to come to Adv. Deshpande’s office at 2.30 p.m. However, Adv. Deshpandehas clearedthat she hadnever called Ms. Mujawar to the office and the latter had come on her own volition. On August 26, 2020, Ms. Jadhav filed a police complaint stating that she had approached Adv. Deshpande as she wanted help on how to get out of her current predicament. However,in her office,Ms. Mujawar started a verbal fight with Adv. Deshpande. She also alleged that Ms. Mujawar was forcing her into a prostitution and blackmailing racket. Ms. Mujawar allegedly demanded that Ms. Jadhav pay her the amount due with interest when she refused to do Ms. Mujawar’s bidding. Based on Ms. Jadhav’s complaint the Satara city policestationhave filed an FIR under sections 452 (House Trespass), 342 (Wrongful Confinement), 323 (Voluntary Hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Criminal Intimidation), and section 5 of the Immoral Traffic (Prevention) Act, 1956 which pertains toprocuring, inducing or taking an individual for the sake of prostitutionagainst Ms. Mujawar. No one has yet been arrested.We believe that the Ms. Deshpande, a longstandingwoman Human Rights Defenderof repute,has been implicated in a false case by the Satara police since she hasbeen vocal about police inaction on several occasions in the pastregarding sexual harassment of women. Recently,the WHRD had also complained to the state DGP about SDPO Mr. Sameer Sheikh and his handling of cases.Since there seems to have been a recent history with Mr. Sheikh as well as the facts of the above case, we are inclined to believe that the case against Adv. Deshpande is fabricated and false and has been filed with a malicious intent.

HRD Alert India

With top Congress leaders like Rahul Gandhi and Priyanka Gandhi Vadra hitting the streets to highlight the Uttar Pradesh government’s mishandling of the Hathras gangrape-and-murder case, one would assume that since at least in the states where the party is in power, individuals’ right to protest would be honoured.

But in Maharashtra, particularly in Mumbai, that is not the case. The city police began tracking 24-year-old anti-caste activist Suvarna Salve at 1 am on October 2 and at the crack of dawn, they were at her doorstep armed with a legal notice to prevent her from participating in any protests in the city.

Suvarna, a student and cultural activist, says the police first called her on her cell phone at midnight and inquired about her whereabouts. “They asked me for my address and said they want to serve me a notice at 1 am. I informed them that I was away and they should not bother my family. But at around 7:15 am, the police were at my doorstep with a notice. My family received the notice,” she says.

The notice, typed in Marathi, stated that Salve was prohibited from participating in a “peaceful protest” organised by a Mumbai-based collective ‘Hum Bharat ke Log’ (We the People of India). Issued by the Marine Drive police station and signed by senior police inspector Mrityunjay Hiremath, the notice states:

“In the peaceful protest, banners and placards with messages like “Sab Nirbhay Bano, Loktantra Zinda Rakho, Savidhan ka SanmaaN karo” (Become fearless, keep democracy alive, respect the constitution) are to be displayed near a Gandhi statue at Madam Cama road.”

In the notice, issued under section 149 of the Criminal Procedure Code (CrPC), the police have quoted a whole bunch of sections, including those under the Maharashtra Police Act, the Epidemic Diseases Act and other sections of unlawful assembly claiming that during the COVID-19 pandemic, the public gathering is prohibited. Section 149 of the CrPC implies that every police officer may intervene for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence

Salve says while the sections applied are understandable, the motive behind serving a notice only to her is not. “It was supposed to be a public gathering. Several people had decided to participate. But they identify just a few in the crowd and serve a notice. How to even understand this behaviour,” she asks.

Besides Salve, at least two more persons who were to participate in the protest have been served with similar notices. Salve did not attend the protest and Firoze Mithiborewala, one of the protestors, confirmed that the police served similar notices to two teenagers who had assembled at the protest site.

Interestingly, when The Wire contacted the Marine Drive senior police inspector Hiremath to inquire about the grounds for issuing this notice, he said that he was not aware of it. “There is no protest organised within my jurisdiction. We have not issued any notice,” he claimed over the phone. The letter has his name and signature on it.

This is not the first time that the Mumbai police have served a notice on Salve. On August 29, The Wire, in a detailed piece had reported the Mumbai police’s attempt to classify Salve as a “habitual offender” and initiate the administrative procedure of “externment” against her. In that notice, the Mumbai police also demanded a whopping surety of Rs 50 lakh from her. The notice was served to her for participating in an impromptu protest organised in the city in January in the wake of the attack on students and faculty members inside the Jawaharlal Nehru University (JNU) campus.

Salve says she has been singled out and harassed by the current state dispensation. She says the police’s act of serving notices on her for every public appearance is crafted with a clear intention to profile and criminalise her.

Since her college days, Salve has been a vocal anti-caste voice, participating in protests and students’ agitations across India. In 2016, after the death of Rohith Vemula, a PhD scholar at the University of Hyderabad, which many described as an “institutional murder”, Salve joined the Joint Action Committee (JAC) formed to fight for justice for Vemula and other Bahujan students who face discrimination in campuses.

Salve told The Wire, “The protests that I have participated in have always been peaceful and organised against the atrocities and violations of human rights in the country. This protest [on October 2] was organised to register our protest against the inhuman treatment meted out to a Dalit family, whose 19-year-old daughter was allegedly gang-raped and killed. And the irony is, the Mumbai police identifies one Dalit woman and prohibits her from protesting.”

Wire

The cyber wing of the Jammu and Kashmir Police summoned and abused Auqib Javeed, a Kashmir based journalist, over a news report about police intimidation of social media users. The International Federation of Journalists (IFJ) and its India affiliate Indian Journalists Union (IJU) condemn the police’s highhandedness and urge the Indian authorities to stop such the violence and intimidation of journalists.

Javeed was assaulted and harassed by Jammu and Kashmir Cyber Police on September 19 for his news report entitled ‘Police Question Kashmir Twitter Users For 'Anti-Govt' Posts’ published on the Article 14 online site. His article highlights cases of the intimidation by the Jammu and Kashmir police to civil society members, journalists and students for their tweets critical of government actions on article 370 and the internet shutdown in Jammu and Kashmir. The article claims that dozens of Twitter users in Kashmir have been forced to maintain their silence after being interrogated by the police about their posts on Article 370 and the Internet shutdown. The police have accused Javeed’sreport of being ‘fake and baseless’.

According to Javeed, after being summoned he was abused and assaulted at the cyber-police’s police on September 19 along with two members of the Kashmir Press Club. He said two masked police slapped him and Tahir Bhatti, the Superintendent of Police who is in charge of the police’s cyber cell, abused him. The journalist was released after five hours. The police have refuted his allegations of abuse.

Journalists in the J&K region are frequently harassed, threatened and summoned particularly over any criticism of the Indian government revocation of article 370 which lead to the imposed internetshutdown in August 5, 2019.

On July 31,Qazi Shibli, the editor of news portal The Kashmiriyat , was detained whileFahad Shah, editor of news portal Kashmir Walla, was summoned on May 20. The police in Srinagar also filed separate investigations or First Information Reports (FIR) against Kashmiri photojournalist Masrat Zahra and journalist Gowhar Geelani on April 18 and April 21 respectively. And, cyber police in Srinagar questioned journalist Peerzada Ashiq on April 19 in relation to the journalist’s news articles.

IFJ

A journalist from Tripura was beaten up by unidentified individuals, after he criticised Chief Minister Biplab Deb’s remark that he will not forgive media houses for publishing stories of alleged mismanagement of the coronavirus crisis by the Bharatiya Janata Party government, NDTV reported on Monday.

Parashar Biswas, a journalist with a Bengali newspaper, made the criticism after being discharged from a coronavirus care centre. In his video, posted on Facebook on Saturday, Biswas said he wanted to warn the chief minister that he should not threaten the media.

Biswas was thrashed at his house in Ambassa, the headquarters of Dhalai district, on Saturday night. He was critically injured and was taken to a hospital in Agartala. “We have filed a case and are investigating the attack,” Deputy General of Police Rajiv Singh said.

Subal Dey, the editor of Syandan Patrika, where Biswas works, said he was attacked within 12 hours after he made the Facebook post. “He was attacked within a day after the chief minister issued a threat against the media and within 12 hours of his Facebook post. We suspect this attack to have been carried out by BJP members.”

But the BJP denied it was responsible for the attack. “We condemn the attack on the journalist,” Tripura BJP spokesperson Nabendu Bhattacharjee said. “None of our party members are involved in this. Police has started investigation. If any political party members are involved, law will take its course.”

Deb had said on Friday that he would not “forgive” the media for its allegedly “confused” coverage of the coronavirus situation in the state. “A few newspapers and journalists are getting overexcited and confusing the people of Tripura,” he had said. “History would not forget them. I will also not forgive them. People of Tripura will not forget them. Biplab Deb will not forget them. I do what I say, I keep my words. History will remain witness to it.”

Journalists in Agartala held a meeting on Sunday under the forum “Assembly of Journalists”, and asked Deb to withdraw his statement. “Within 24 hours of Chief Minister’s public threat to newspapers, a journalist has been attacked, beaten brutally,” they said in a statement. “This has led to a feeling of insecurity among journalists in the state.” The group said that if Deb did not withdraw his statement, they might have to approach Governor Ramesh Bais, Prime Minister Narendra Modi and the Press Council of India.

Forum for Protection of Media and Journalists in Tripura Chairperson Subal Kumar Dey said the comments of the chief minister were “undemocratic and unconstitutional”, News18 reported. “We hope he will withdraw his remark within the next three days,” Dey said.

Dey claimed that not one but two journalists have been attacked since Saturday. “The state is trying to enslave media persons,” he alleged. “State government orders are issued to choke journalists’ voices.”

Tripura has so far reported 19,165 cases of the coronavirus, including 200 deaths, according to the Union Ministry of Health and Family Welfare. As many as 11,536 people have recovered.

Scroll

The famous Urdu poet Munawwar Rana’s daughters, Sumaiya Rana and Uzma Parveen had asked people to gather near the Chief Minister’s residence and beat ‘thalis’ to make their voices heard.

Post this, they have been placed under house arrest on Wednesday in Uttar Pradesh’s Lucknow, over their call for the protest against the UP government led by the Chief Minister Ajay Singh Bisht also known as Yogi Adityanath, the police said.

Sumaiyya and Uzma, who had also played a key role in the anti-CAA protests against the Citizenship Amendment Act (CAA), 2019, in Lucknow earlier this year, had asked the public to raise their voices against a host of increasing ongoing issues, and mishandling of the raging coronavirus disease (Covid-19) pandemic.

Sumaiyya who lives at Kaiserbagh in Lucknow, said, “The UP government has failed in containing the contagion in the state. Private hospitals are fleecing the public because the state government is turning a blind eye on them. The COVID-19-related high mortality rate has further worsened the healthcare crisis in UP. Besides, the state government has also failed in curbing unemployment that has started taking a toll on the state’s youths. I had given a call to make our voices heard. ”

After this incident, a large number of policemen were seen outside the Silver Heights Apartments in Kaiserbagh area where they live.

Besides, the police didn’t allow the protesters to gather outside the CM’s residence.

The police spokesperson said since Section 144 is in force in the state capital, no congregation of people could be allowed.

The cases against them have been registered on charges making objectionable comments on social media, public obstruction, violating Section 144 and disturbing peace.

Kasmiriyat

Delhi Police arrested former Jawaharlal Nehru University (JNU) student Umar Khalid under the Unlawful Activities (Prevention) Act for instigating the North-East Delhi riots that broke out in February this year.

“Khalid was one of the main conspirators of riots in which 53 persons died and over 400 were injured,” special cell of Delhi Police said after the arrest.

The former JNU scholar has been questioned twice by the police over the last two months for speeches he delivered at the Shaheen Bagh protest site. According to the police, Khalid had planned the riots with former AAP councillor Tahir Hussain.

Khalid was charged with sedition and arrested in February 2016 too, for allegedly shouting anti-India slogans inside the JNU campus along with former student union president Kanhaiya Kumar and others.

“We arrested Umar Khalid late Sunday night,” said a senior police officer associated with the probe, requesting not to be named.

On August 3, the suspended AAP councillor had reportedly confessed to his crime and told the police that he was given the task to collect as much glass bottle, petrol, acid, stones as possible during the violence.

Communal violence broke out in Delhi between anti-CAA and pro-CAA protesters in February this year. Hundreds of people were detained in connection with the violence and police faced criticism for their slack management of protesters and ineffective handling of the riots.

Hindustan Times

The cost of exercising one’s constitutional right to protest in Mumbai has been fixed at Rs 50 lakh.

The Mumbai police has issued a notice seeking surety of a whopping Rs 50 lakh from a 24-year-old student and cultural activist Suvarna Salve for participating in an impromptu protest in January, organised in Mumbai in the wake of the attack on students and faculty members inside the Jawaharlal Nehru University (JNU) campus.

While this is the only FIR ever registered against Salve, the Mumbai police have also decided to classify her as a “habitual offender” and initiate another administrative procedure of “externment” against her.

Salve, a lead singer and activist of the cultural troop Samata Kala Manch, was one of the 31 persons to be booked by the MRA Marg police for participating in a peaceful rally from Hutatma Chowk to Gateway of India in South Mumbai on January 6. Over 300 people from across Mumbai had joined the rally which was organised in protest against the violent attack on students in JNU campus by activists belonging to the Rashtriya Swayamsevak Sangh’s (RSS’s) students’ wing, Akhil Bhartiya Vidyarthi Parishad (ABVP).

The Mumbai police’s decision to slap FIRs against activists in the city had attracted severe criticism. Rights activists and political leaders had termed the Mumbai police’s action as excessive and also equated it with the Delhi police which had remained a “mute spectator” and done nothing to control the masked mob that roamed around freely for almost three hours in the JNU campus but later had booked the victims instead.

In Mumbai, the protest was organised at two separate spots, just a few kilometres apart. The police have filed two separate FIRs – one at MRA Marg police station and another at Colaba police station – for those attending the protests. In both places, several prominent figures like former Bombay high court judge B.G. Kolse-Patil, and actor Sushant Singh had participated. When the rally soon transformed into a sit-in protest at Gateway of India and more and more people joined in support, state ministers like Jitendra Awhad visited the spot to negotiate with protestors.

While the initial decision was to not take criminal action against the protestors, the police had eventually changed their stance. In all 31 persons have been named in the FIR and have been booked under section 141, 143 and 149 (unlawful assembly) and 341 (wrongful restraint) of the Indian Penal Code, along with section 37 of the Bombay Police Act, 1951.

All sections are bailable and punishable for less than six months. Prominent persons were excluded from the FIR and only student activists and some lawyers were named. Some of them even claimed that they were not present at the protest site but were still named in the FIR.

Despite of filing a case of unserious nature, the police have sought an unusually high surety, and more strangely have demanded it only from Salve. The notice, issued on August 24, has sought an explanation as to why Salve a proceeding should not be initiated against her under Section 110 (e) of the CrPC. The notice also seeks at least one of two persons to appear as a “surety”, pledging an amount of Rs 50 lakh, ensuring her good behaviour for the next two years. If she fails, the amount or the property would be confiscated by the state.

Salve says this is done to discourage her from participating in any political activism in the future. “This is done clearly with an intention to harass,” she said. “There were several influential people who had participated in the protest but they chose to go behind one student activist. They know I will never be able to furnish such surety ever. I belong to a Dalit community, and stay in a slum rehabilitation housing,” she pointed out.

Since her college days, Salve has been a vocal anti-caste voice, participating in protests and students’ agitation across India. In 2016, when Rohith Vemula, a PhD scholar at University of Hyderabad, was allegedly killed in an “institutional murder”, Salve joined the Joint Action Committee (JAC) formed to fight for justice for Vemula and other Bahujan students facing discrimination in campuses.

In the past years, when anti-caste organisations and political parties like Vanchit Bahujan Aghadi called for a bandh in the state, Salve like several other activists was served a notice under Section 144 of the CrPC against participating in any public gathering. “There has been a systematic attempt made to curtail dissenting voices. Like me, several other Ambedkarite activists have been served such notices,” she said.

Her lawyer Ishrat Ali Khan says the police’s decision to classify her as an “habitual offender” also stems from the same mentality. “Look at the crime here – organising and participating in a peaceful protest. From no stretch of imagination can an individual exercising their right to expression and protest be termed as a habitual offender,” he said.

Section 110 of the CrPC, also in legal parlance called as “chapter proceedings” is initiated against those who have been booked in multiple crimes. An executive clause, the proceedings under this section is initiated by the Assistant Commissioner of Police (ACP) level officer and if convicted, the person is externed for a stipulated period of time outside the district limit.

Several researchers have pointed to its discriminatory nature and how it gets disproportionately used against marginalised identities like Dalits and Denotified Tribes. In most cases, it is noticed that the executive officials hearing the case convict the person and the individual then has to move the high court to get their name cleared. This is a tedious process, requiring both resources and patience.

Khan, in his over a decade of experience handling cases under this section, said he had never seen the section being slapped against someone for protesting. “The subsections cover several crimes like theft, dacoity and extortion. The police claim to use it against “hardened criminals”, something that Salve or any dissenting activists don’t qualify for, he said.

Wire

The Network of Women in Media, India, condemns the online abuse and harassment of Chennai-based journalist Kavin Malar. The relentless abuse, personal attacks and doxing (a practice where personal identifying information is broadcast online) by droves of trolls are part of growing attempts on social media to silence vocal women journalists in India. Facebook’s reluctance to take down these posts and the delay by the police in registering a complaint have only emboldened online harassers.

After Kavin wrote some comments online about what she felt were political motives behind the arrests of members of YouTube group Karuppar Koottam and, in a different instance, posted in support of another journalist being trolled online, a Bharatiya Janata Party functionary, Kalyanaraman, named Kavin as being anti-BJP. Facebook users who appear to support the BJP flooded her timeline and harassed her for weeks.

On August 9, a user named Sasi Kumar posted two photographs of Kavin with the words “My rate is 1000 rupees”. Soon afterwards, she began to get obscene calls and messages on Facebook from other users. Kavin is a journalist of solid credibility. The implication that she is soliciting is a condemnable attempt to malign her journalistic identity and reputation.

When Kavin and several others reported the post and photograph to Facebook, the social media platform refused to take any action, saying the post was not against their community standards. It was only after over 10 days that Facebook removed the photo. Other abusive comments remain online. So does Sasi Kumar’s profile.

Responding to Kavin’s complaint and the solidarity that poured in for her, on August 17 the Chennai Cyber Crime cell registered a case under Sections 354-D of the Indian Penal Code, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998.

Kavin is an independent Tamil journalist who has been harassed for her courageous reportage on caste discrimination, communal violence and gender rights. She was harassed online in 2013, too, while covering the death of a Dalit man who married a Vanniyar woman in Dharmapuri. NWMI had written to the then Chief Minister of Tamil Nadu demanding action. It was only when Kavin went to court that the police filed a complaint against her harasser, self-proclaimed political analyst Kishore K Swamy, under court orders.

This March, the police closed the 2013 case saying the abusive comments were “undetected”, when many are still clearly online. Swamy, meanwhile, continues to harass several journalists, especially women and the few mainstream Tamil journalists not from the upper caste. There are at least five police complaints against Swamy, with no proportionate action.

Such police inaction allows online abusers to attack women journalists with impunity. Investigations must be completed and justice done for the internet to be a safer space for all.

Abusive and targeted content in non-English languages is a distressing reality for Indian journalists. Although the recent post was in English, Kavin often faces attacks from social media users who post in Tamil. These abusive comments often escape the notice of Facebook, YouTube and Twitter moderators.

NWMI asks that social media platforms find ways to quell harassment in regional languages, whether with multilingual moderators or better translation algorithms.

Journalists across the world face threats and insults on social networks, from ordinary trolls or professional ones, in an obvious attempt to silence them. Some Indian political leaders have lauded these trolls as “warriors” and have endorsed their synchronised attacks by following their accounts or even offering them positions in their political parties.

Online harassers especially target investigative and female journalists. Doxing endangers reporters and their families. Its psychological effects on the victim and other journalists can lead to self-censorship or leaving social networks which have today become essential to journalistic work. Such online harassment can act as a deterrent to journalists, preventing them from doing their duty.

Our demands:

Chennai police must immediately begin credible investigations into the complaint.
Facebook must promptly take down obscene posts and remove the profiles of serial abusers.
Social media platforms must develop effective moderation procedures that enable quick action on such online attacks, especially on women journalists and those from disadvantaged social groups. 

NWMI

The Delhi Police on Tuesday arrested Sharjeel Imam in connection with the riots in the city in February, Indian Express has reported. Imam has been booked under sections of the stringent Unlawful Activities Prevention Act (UAPA).

Booked under the sedition law for a speech in which he had called for a chakka jam, Imam was arrested from Bihar�s Jehanabad on January 28.

He was brought to Guwahati from Delhi in January and has been in Guwahati Jail since then. On July 22, Sharjeel tested positive for COVID-19 and was among 435 inmates of the jail who did so.

He was brought back to Delhi from Assam on Sunday on a production warrant, Express has reported.

Imam, a PhD scholar at the Jawaharlal Nehru University and an IIT alumnus, had been actively involved in the Shaheen Bagh protest against the Citizenship (Amendment) Act.

In late April, Delhi Police has booked Imam under the UAPA in connection with the protests against the Citizenship (Amendment) Act near Jamia Millia Islamia in December last year.

Imam has been booked under section 13 (unlawful activities) of the Act in the case, his counsel advocate Mishika Singh had said. The lawyer said the charge has been invoked to delay his release.

The police had earlier charged Imam with sedition, alleging his speech promoted enmity between people that led to riots.

�He was arrested in two cases of violence at Jamia on December 13 and 15, 2019, for instigating and abetting the Jamia riots, due to his seditious speech on December 13 and based on evidences collected, IPC sections 124 A and 153 A were also invoked,� Anil Mittal, additional PRO, Delhi Police had said then.

In late June, 13 United Nations independent experts called on India to immediately release activists who were arrested for protesting against the Citizenship Amendment Act. In a statement issued from Geneva, it had named Imam among others.

The Delhi high court in early July said there were �good and justifiable grounds� for extending the time to complete investigation against Imam in a case related to his allegedly �inflammatory speeches� during the anti-CAA protests. Justice V. Kameswar Rao had dismissed Iman�s plea challenging the trial court�s June 25 order granting three more months to the Delhi Police, beyond the statutory 90 days, to complete the case�s investigation under the UAPA.

Wire