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Hello, we are @GuneetKaurAhuja and @aimanjkhan. Today, we examine how UAPA became a handy tool for the party in power to manipulate investigations into mass violence incidents, protect real perpetrators, quell peaceful protests & persecute protestors & other rights defenders. 1/n
This is an old sinister strategy, used by the party in power after 2002 anti-Muslim pogrom, as well. Then, investigations were botched to protect perpetrators & POTA used to further persecute Muslim community & silence those demanding accountability. 2/n
https://www.hrw.org/reports/2003/india0703/Gujarat-05.htm
https://www.hrw.org/reports/2003/india0703/Gujarat-05.htm
Similar strategies have been used by the party in power post targeted mass violence in #BhimaKoregaon & #Delhi. The aim of perpetrators in both episodes was to violently attack & shut peaceful assertions of constitutional equality by minorities & marginalized. 3/n
In Jan 2018, in Bhima Koregaon, to mark 200th year of the victory of battle of Bhima Koregaon, 100s of Dalits (Mahars) had gathered at site of the battle.This was met with stone pelting & attacks on protesters resulting in cases of grievous injuries & leaving one person dead. 4/n
One of the accused of Bhima Koregaon Violence, Milind Ekbote, a Hindutva leader, was charged under IPC sections 147,148, 307 among others.He was largely accused of rioting. He was also booked under SC/ST Atrocities Act. He was granted bail weeks after his arrest in March 2018.5/n
The co accused in the same FIR, Hindutva leader Sambhaji Bhide was never arrested with the Maharashtra govt withdrawing all six cases against him citing “lack of evidence." However, innocent Dalit men & reliance energy workers were arrested for violence & charged with UAPA. 6/n
Then Maharashtra Police changed the narrative & shifted it to Elgaar Parishad, a gathering organized by retired senior judges where several Dalit groups and human rights defenders had gathered for a celebratory, as well as, peaceful protest gathering in December 2017. 7/n
The state narrative soon became that the 'violence' in January was planned at the Elgaar Parishad event. Soon after, HRDs and anti caste activists were framed wrongfully for inciting this violence, after the state termed them as 'Urban Naxals.' 8/n
The police narrative built through a complaint media, now had no mention of targeted caste violence but alleged a Maoist conspiracy to stage violent attacks, and a plot to kill Prime Minister Narendra Modi. 9/n
Human Rights Activist Surendra Gadling, Mahesh Raut, Anti-Caste activist Sudhir Dhawale , Prof. Shoma Sen, Rona Wilson were arrested in June 2018, and framed under UAPA for alleged 'Maoist links.' and 'inciting violence' 10/n
Subsequently, Pune Police arrested and framed lawyer and activist Sudha Bhardwaj, Varavara Rao, Arun Ferreira, and Vernon Gonsalves in August 2018. 11/n
However, the 5600 page chargesheet has little on the police’s “plot to kill PM” fantasy & nothing specific about incitement at Elgar Parishad. 12/n https://mumbaimirror.indiatimes.com/mumbai/cover-story/in-a-5000-page-charge-sheet-little-on-urban-rascals-plot-to-kill-modi/articleshow/66962271.cms
In January 2020, in an unconstitutional move, Centre transferred Bhima Koregaon case to National Investigation Agency (NIA) without any sanction by Mahrashtra government. In April 2020, on Ambedkar Jayanti, Activist Gautam Navlakha and Dr. Anand Teltumbde were arrested. 13/n
Through the proceedings, it is evident that the pamphlets attached by the police have no reference to any Maoist activity. There has been no evidence on record to substantiate the claims by Maharashtra Police. However, #BK11 continue to be incarcerated under UAPA. 14/n
Through 2019, bail pleas of all the activists has been rejected several times, including at SC. Even during the pandemic, Gautam and Anand's bail was rejected. 15/n
One of the advocates for the activists, Nihalsing Rathod says, 'The manner in which the material produced by the probe agencies was being accepted by the courts meant that just about anything written on a piece of paper could be interpreted as a threat to national security.'16/n
Adv. Mihir Desai points out, "The purpose of UAPA is not to convict, but to put everybody behind jail. A change in this pattern will only be possible if UAPA is struck down, or UAPA is interpreted differently by SC." 17/n
Similarly, Since the passing of CAA in December 2019, the Anti-CAA protests became a site of non violent assertion in public places, by Muslims. Shaheen Bagh, an indefinite sit in declared by Muslim Women in Delhi turned into a national and international phenomenon. 18/n
This assertion threatened the Hindutva Masculine state. Primarily Muslims across India were treated with excessive use of police force for dissenting against a law which is discriminatory towards Muslims. This force was significantly disproportionate in BJP ruled states. 19/n
This led to the deaths of several protesters, illegal detention and torture of Muslims, including minors. Out of these deaths, 23 were in Uttar Pradesh itself, under the governance of Yogi Adityanath. 20/n https://www.newsclick.in/who-were-23-people-killed-during-anti-caa-nrc-protests
Subsequently, BJP turned Shaheen Bagh into a central poll issue, and several BJP leaders used terminology like, 'terrorists', 'planning a conspiracy against India', 'Anti-Nationals' to talk about the protesters raising their voice against the BJP regime. 21/n
The terminology used to build a public rhetoric, and the larger framework of changing the narrative entirely- has been very similar in the case of Bhima Koregaon, and what is unfolding in Delhi now. 22/n
There were two incidents of gun shooting at the protesters, one at Shaheen Bagh, by a man named Kapil Gujjar, against whom an FIR was filed after several hours of delay- has been granted bail. 23/n
Another militant named RamBhakt Gopal shot at Jamia University which left 1 student injured. He was also given bail. In both these incidents, UAPA or any such draconian law has not been invoked despite clear vocal intention of both the militants was to terrorize protesters. 24/n
In February 2020, BJP leader Kapil Misra led a mob & openly threatened the protesters, after which a pogrom was carried out against Muslims in North East Delhi. 25/n
However, till now, a single FIR has not been filed against him and the police has been accused of burying complaints against him. 26/n https://caravanmagazine.in/politics/delhi-police-ignored-complaints-against-kapil-mishra-bjp-leaders-leading-mobs-delhi-violence
The Govt. or the Police has not probed the conspiracy amongst BJP leaders like Kapil Mishra, Nand Kishore Gujjar, Satyapal Singh, Kanhaiya Lal, Mohan Singh Bisht & Jagdish Pradhan who planned & executed the pogrom & have been identified by victims. 27/n
Instead, Delhi Police has used the investigation to construct a bizarre spiel that is aimed to falsely link human rights activists, Muslims, and students who were active in Anti-CAA protests to the violence. 28/n https://www.theguardian.com/world/2020/jun/23/delhi-police-accused-after-charging-activists-over-february-riots
Arrested include Jamia students Safoora Zargar, Meeran Haider, Asif Tanha, Jamia alumnus Shifa-Ur-Rehman, activists Gulfisha Fatima, Devangna Kalita, Natasha Narwal, Khalid Saifi; AAP MLA Tahir Hussain; Congress leader Ishrat Jahan, & Muslim men from North East Delhi. 29/n
UAPA was primarily used so that these defenders don’t get bail. Safoora, Gulfisha, Natasha, Devangna- all of them got bail in the first case where they were arrested. However, they were immediately arrested & implicated in FIRs where UAPA has been invoked. 30/n
Even though Delhi Police counsel is appointed by the state government, the central government has suspiciously taken a keen interest in the Delhi pogrom cases & appointed its own lawyers, resulting in a “tug of war” between Delhi police’s lawyers. 31/n https://www.livelaw.in/top-stories/understanding-the-tug-of-war-as-to-who-should-represent-delhi-police-in-delhi-riots-cases-158775?infinitescroll=1
After fiercely opposing her bail till yesterday, the government conceded bail to Safoora today. The concession is most likely to avoid a court order on bail on merits involving observations about the suspect nature of investigation so far. 32/n https://www.livemint.com/mint-lounge/features/the-curious-case-of-humanitarian-grounds-in-safoora-zargar-s-bail-order-11592916696953.html
Such a concession would also avoid adverse precedent on UAPA by the High Court that could have helped other defenders & activists who’ve been arrested. 33/n
As one can see in Bhima Koregaon & now Delhi Violence, UAPA’s punishing pre-trial & trial processes are being used to silence activists & defenders. 34/n
The long extended time to file chargesheet is especially useful for the party in power to construct fantasies & shift the blame from perpetrator to victims without the need to support it with evidence. Public memory is short. 35/n
While everybody saw Kapil Mishra’s violent hate speeches, today police & MSM narrative is being constructed around peaceful protesters, against whom no evidence exists. How does the minority exercise its right to peaceful protest & freedom of association in democratic India? 36/n
Thank you for joining us today. We welcome your questions, feedback, and comments. Please join the campaign to stand with our defender Dr. Anand Teltumbde. Write a letter/send a postcard. #RepealUAPA 37/n
