Raising questions on the arrest of lawyers and activists following the Bhima-Koregaon violence, a preliminary report by the American Bar Association (ABA) outlines irregularities in the pre-trial proceedings and potential violations of the right to freedom of expression and association.
The ABA raises serious concerns over procedural irregularities, abuse of process, and violations of fundamental human rights of advocates Surendra Gadling and Sudha Bharadwaj; writer Sudhir Dhawale; tribal rights activist Mahesh Raut; professor Shoma Sen; activists Rona Wilson, Arun Ferreira and Vernon Gonsalves; and poet Varavara Rao.
Several experts on human rights from the United Nations have expressed concern over the arrests and the charges brought against the defendants for their legitimate work on human rights.
The ABA Center for Human Rights observes trials around the world to help promote compliance with international fair trial standards. The center is monitoring the legal proceedings against the accused to determine whether they are in line with India’s international treaty obligations, including its obligations to preserve the rights of freedom of expression, freedom of association, respect for fair trial rights, and freedom from arbitrary detention.
The report mentions, “The Elgaar Parishad was in fact organised by two retired judges — former Supreme Court Judge, Hon’ble Justice P.B. Sawant and Hon’ble Justice Kolse Patil, a retired Bombay High Court Judge. They have repeatedly made public statements in this regard and have clarified that neither the event nor the organisers or funders had any links with a banned group.”
The report has added the joint statement by UN human rights’ experts expressing their deep concern about the use of anti-terrorism charges against 10 defenders of human rights.
According to publicly available information and arguments made to the Supreme Court, there are concerns over the police not following proper procedure with regard to arresting and charging the individuals under the Unlawful Activities Prevention Act (UAPA).
There are concerns over efforts by the police to prejudice the accused, material that was purportedly recovered from the arrested not seized in accordance with law, and the arrested individuals not informed about the grounds of their arrest.
There are serious grounds for concern that Mr. Rao, Mr. Gonsalves, Mr. Ferreira, and Ms. Bharadwaj are being held in pre-trial detention without adequate legal justification. The center is concerned that the vague provisions of the UAPA render it susceptible to arbitrary and capricious misuse to silence human rights activists.
There are serious grounds for concern that the government has not demonstrated sufficient evidence of a direct and immediate connection between the actions taken by these individuals and any threat to security sufficient to justify the charging of the defendants.
The Center for Human Rights is concerned that the proceedings against these arrested individuals will not comport with India’s international treaty obligations.
