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Nov 23 11 tweets 6 min read
Writer, prof & #BhimaKoregaon accused #AnandTeltumbde spent 948 days in prison before Bombay HC found no prima facie case & granted bail, challenged by NIA in SC, which on Friday will decide if he walks out of jail. @ChitrangadaC reports. 1/11…
When #SupremeCourt considers bail on Friday, it will be one of handful in 4 yrs to evaluate merit of #NIA case under anti-terror law #UAPA against 16 #BhimaKoregaon accused. SC cleared arrest of some in 2018, with current chief justice dissenting. 2/11
“Individuals who assert causes which may be unpopular to the echelons of power are yet entitled to the freedoms which are guaranteed by the Constitution," Justice D Y Chandrachud had said in 2018. "Dissent is a symbol of a vibrant democracy…” 3/11
On 18 Nov, granting bail to Teltumbde, Bombay HC, after studying 5 documents & 3 witness statements presented as evidence by #NIA, said there was no prima facie case made against the former IIT (Kharagpur) & Goa Institute of Management prof. 4/11
“Keeping a person in custody for almost 1,000 days without recording a conviction (as with writer & prof #AnandTeltumbde) is ridiculous,” former Supreme Court Justice Madan Lokur told @ChitrangadaC. “Courts have to wake up some time...” 5/11
“Courts have to be pragmatic & appreciate that there is a very heavy & unrealistic burden placed on an accused to ‘prove’ his innocence. Therefore, considerable leeway must be given to an accused & only then can an accused have a fair chance of getting bail.” 6/11
The UAPA defines “terrorism” vaguely. Individuals or groups can be designated as terrorists & no objective criteria guide the designation. The accused have no opportunity to explain their position; they are presumed guilty. 7/11
Until 2018 SC ruling called Watali judgement remains reference point for judges in #UAPA cases, there’s only limited significance of orders such as Bombay HC grant of bail to writer #AnandTeltumbde: @abhinavsekhri10 to @ChitrangadaC. 8/11
NIA challenge in #Supreme Court to Bombay HC bail to #AnandTeltumbde argues that “laws dealing with national security & national integrity should be interpreted & applied with a strict yardstick as compared to other laws.” 9/11
“Ultimately the fight remains within the, highly unfair, rules as were set out in Watali,” says @abhinavsekhri10. “What the Bombay High Court order (in Teltumbde’s case) shows is that there is enough room within that jurisprudential framework to grant bail.” 10/11
“A lot depends on how the Supreme Court decides,” says Justice Lokur. “If the order is stayed, the High Court judgement will be another statistic. If the judgement is upheld, it will give hope to thousands of under-trial prisoners.” 11/11

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More from @Article14live

Oct 22
As the #SupremeCourt demands the registration of criminal cases against #HateSpeech without formal complaints, our research & reportage over more than 2 years reveals the extent of #hatespeech in #India & the extent of inaction against it.
In Aug 2021 @ZafarAafaq & @alishan_jafri reported how rally urging marginalisation & murder of #Muslims in Delhi was 5th such event over 3 months in NCR & Haryana: some events shared common instigators, mobs allowed with minimal or no police action…
In Nov 2021, @kaushikrj6 reported how in 4 cases, #Hindus & #Muslims were unequal before the law: bail was the rule for Hindus who spread hate speech, while jail the norm for Muslim rights campaigners…
Read 13 tweets
Aug 25
“This is dangerous. What happened to J&K sets a precedent for other states.”
@AdnanAshrafMir of @JKPC_, petitioner in challenge to removal of #Article370 in #Jammu & #Kashmir. Case pending before #SupremeCourt for 1115 days. Last hearing: 2.5 yrs ago
In April 2022, a petitioner in J&K #Article370 abrogation case requested Chief Justice N V Ramana’s bench for a hearing.
His answer: “We’ll see”.
He said he would reconstitute 5-judge bench & hear case “after the vacation”, which ended on 10 July. There was no hearing
“The judges must show some willingness to hear this case or they must give an explanation as to why they can’t hear the case on priority despite (sic) 3 years,” Mir told @OfficialSauravD
Read 6 tweets
Aug 24
Chief Justice N V Ramana retires on 26 Aug, delivering during his tenure 29 lectures on guarding/improving #India’s laws & #Constitution. Yet, as @OfficialSauravD’s analysis found, he did not walk his talk, providing no hearings for vital cases. 1/11…
Instead of 5-6 days, it’s been 159 days since a special petition was filed against #Karnataka HC ruling upholding govt hijab ban in state educational institutions. “It just shows #SupremeCourt is reluctant to hear the matter:” Fauzia Shakil, case lawyer. 2/11
2 requests to urgently list the #hijabban case were made before Chief Justice’s bench. On 26 April, Chief Justice Ramana said, “Wait for two days.” On 13 July, he said, “Wait till next week.” The case has not yet been listed. The #hijabban continues. 3/11
Read 11 tweets
Jul 19
When cases have no legal basis, police make new allegations, based on unknown/untraceable complainants, file new cases with little/no evidence.@ManiChander11 identifies techniques union & state govts use to keep India’s ‘inconvenient citizens’ in jail. 1/7…
Activist Javed Mohd made calls for peace on 10 June, arrested as ‘mastermind’ of ‘conspiracy’ leading to violent protests in Prayagraj, UP, on 11 June. Within 24 hrs on a Sunday, 20+ yr old home where he lived (but didn’t own) was demolished as ‘illegal’.

Mohd #Zubair charged with ‘conspiracy’ but police can’t identify co-conspirator; fabricating evidence by deleting tweets but none deleted; accepting foreign donations, but no such donation made. Charges keep changing & an FIR allegedly registered against cash reward.

Read 7 tweets
Jun 30
As police search for "evidence" on @zoo_bear's computer, @ManiChander11 wrote how police & investigative agencies currently claim unfettered access to your WhatsApp, private emails or chats. In the absence of clear laws, they do what they wish… Image
What record-keeping requirements apply to the electronic search, and when must seized digital equipment be returned? What are the timelines to be followed by law enforcement during electronic search? Is the timing governed by the same rules as physical searches?
Where warrants are issued, what should be searched: the location of the electronic device, the device itself or the location where the electronic search will occur?
Read 9 tweets
Jun 29
On 24 June, @MohdAbuzarCh & @nikita_jain15 reported how after taking over part of sprawling Doloo Tea Estate for a new airport in #Silchar, #Assam, govt & management said no jobs would be lost.
Now, the estate has been locked.
In a notice pasted at the gates, the management said the estate was being shut “due to complete lawlessness” & “delay reporting (sic)”. No workers would be entitled to any benefits, such as food rations & wages, said the notice in English, which most workers cannot read
“... plucking round could not be maintained and the management of Daloo Tea estate has suffered an irreparable loss in terms of quantity and quality of tea produced,” read the notice. An MoU was signed in March between 3 unions & estate owners.
Read 7 tweets

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