Bhima Koregaon case: Do not criminalise human rights defenders, UN experts urge India
New Delhi, Oct 05: Human rights experts from the United Nations on Friday expressed concern about the arrests of activists in the Bhima Koregaon case, and urged India to ensure that their cases are “promptly heard in line with international law”.
Ten activists have been arrested since June under the Unlawful Activities Prevention Act. Five of them are in prison, four under house arrest, and one has been released since.
The human rights experts said the vague definition of “unlawful activities” and “membership of terrorist organisations” in the law “confers discretionary powers upon state agencies, which weakens judicial oversight and diminishes civil liberties in the process”.
The Pune Police had arrested activists Shoma Sen, Surendra Gadling, Mahesh Raut, Rona Wilson and Sudhir Dhawale on June 6 as part of their investigation into violence during an event in Bhima Koregaon near Pune on January 1. On August 28, they arrested Sudha Bharadwaj, Gautam Navlakha, Vernon Gonsalves, Arun Ferreira and Varavara Rao.
On October 1, the Delhi High Court said Navlakha’s detention was untenable by law and ended his house arrest, but the Maharashtra government has now challenged it in the Supreme Court.
“We are concerned that terrorism charges brought in connection with the commemoration of Bhima-Koregaon are being used to silence human rights defenders who promote and protect the rights of India’s Dalit, indigenous, and tribal communities,” a statement by the UN experts said.
“We are very concerned about the charges against the human rights defenders and the continuing detention of nine of them,” the statement said. “All have been active in peacefully defending human rights, including those of marginalised and minority communities, political prisoners, and women, and their arrests appear to be directly related to their human rights work.”
The signatories of the statement were special rapporteurs and independent experts part of the Special Procedures of the Human Rights Council. They included Michel Forst, Fionnuala D Ní Aoláin, Fernand de Varennes, David Kaye and E Tendayi Achiume among several others.
“We appeal to the Indian authorities to ensure that due process, including the right to a fair trial, is provided to all detained human rights defenders, with a view to their prompt release,” the experts said. “We urge the government to refrain from engaging in the criminalisation of human rights defenders in general, including through the use of overly broad national security legislation.”
They added: “We wish to remind the Indian government of its obligation to protect and promote the rights of all human rights defenders, including women human rights defenders, as they peacefully carry out their legitimate work.”
On August 29, five citizens filed a petition before the Supreme Court seeking the release of Bharadwaj and the four other activists. The petition also sought an inquiry by a Special Investigation Team. But the top court rejected this plea on September 28 and gave the arrested activists time to seek remedy from a lower court.
The police claimed the activists were “urban Naxalites” who used an anti-caste commemoration event in Pune to whip up sentiments that resulted in the violence in Bhima Koregaon. This was part of a larger plot, the police claimed, to assassinate Prime Minister Narendra Modi and overthrow the government.
Courtesy: scroll.in
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
