Surendra Gadling Arrested
On 14 February 2020, an order was passed to move the investigation on the Bhima Koregaon case to the National Investigation Agency court in Mumbai. The next court hearing is set for 28 February 2020. Meanwhile, all nine human rights defenders have been transferred to Arthur Road Jail in Mumbai.
On 24 January 2020, the Bharatiya Janata Party (BJP)-led central government abruptly transferred the inquiry into the Bhima Koregaon case from the Pune Police, in the state of Maharashtra to the National Investigation Agency (NIA), a central agency. The move has been criticised by human rights defenders and has raised serious concern regarding the course of the investigation.
In the early hours of 6 June 2018 five human rights defenders, Surendra Gadling, Rona Wilson, Sudhir Dhawale, Shoma Sen and Mahesh Raut were arrested in different parts of India. They are being charged under the Unlawful Activities (Prevention) Act (UAPA) with spreading controversial pamphlets and delivering hate speeches in connection with the Bhima Koregaon violence that broke out in January 2018.
Surendra Gadling is a human rights lawyer and General Secretary of the Indian Association of Peoples’ Lawyers (IAPL). Among those he has represented are numerous human rights defenders arrested on fabricated charges.
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- 17 February 2020 : Bhima Koregaon case to be moved to National Investigation Agency
- 29 January 2020 : Attempt to compromise independent probe into Bhima Koregaon case
- 26 October 2018 : Human rights defenders remanded in police custody
- 7 June 2018 : Five human rights defenders arrested in a coordinated crackdown
On 14 February 2020, an order was passed to move the investigation on the Bhima Koregaon case to the National Investigation Agency court in Mumbai. The next court hearing is set for 28 February 2020. Meanwhile, all nine human rights defenders have been transferred to Arthur Road Jail in Mumbai.
On 24 January 2020, the Bharatiya Janata Party (BJP)-led central government abruptly transferred the inquiry into the Bhima Koregaon case from the Pune Police, in the state of Maharashtra to the National Investigation Agency (NIA), a central agency. The move has been criticised by human rights defenders and has raised serious concern regarding the course of the investigation. The case involves nine human rights defenders – Sudha Bhardwaj, Vernon Gonsalves, Varavara Rao, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Shoma Sen, Mahesh Raut and Surendra Gadling – who have been in detention since 2018.
The decision to transfer the case to the NIA is seen by human rights defenders as an attempt to maintain control over the political narrative on this case, in which nine defenders are incarcerated and several more are falsely implicated. In June 2018 five human rights defenders, Sudhir Dhawale, Rona Wilson, Shoma Sen, Mahesh Raut and Surendra Gadling, were arrested followed by the August arrest of Sudha Bhardwaj, Vernon Gonsalves, Varavara Rao, Arun Ferreira and Gautam Navlakha. All those arrested with the exception of Gautam Navlakha remain in jail, with their bail applications postponed or denied. Several other human rights defenders had their homes and offices raided, were labelled as urban Naxals and were the subject of false propaganda and a misinformation campaign by Indian authorities. The detained defenders are accused, without any clear basis, of inciting the violence that took place at Bhima Koregaon on 1 January 2018. They are also accused of sedition, criminal activity and conspiracy against the state. Front Line Defenders has previously raised concerns over the safety of the human rights defenders falsely implicated and has called on the Indian state to cease reprisals against human rights defenders based on their peaceful human rights work.
Following the State elections in Maharashtra the new government set up a Special Investigating Team (SIT) to inquire into the case. Given the hostile conditions for human rights defenders under the previous BJP led state government, there was hope among defenders of a positive resolution and greater protection for those involved under the new government and the SIT. The decision to transfer the case to the NIA and remove it from the State police comes in the wake of this development and may be interpreted as an attempt to prevent the new government in Maharashtra from carrying out a review of the controversial inquiry into the case. Effectively the case is back under the control of the BJP led central government. This has raised fears of the prolonged detention of those already in jail and further targeting of local defenders on account of their work.
Human rights defenders have consistently sought an independent probe in this case. In September 2018 the Supreme Court of India rejected a petition seeking an independent court-monitored probe. The then BJP led state government vigorously opposed the petition for independent monitoring. Prior to 24 January 2020, there had been no attempt by the central government or the previous state government to direct the case to the NIA.
Front Line Defenders believes that the nine human rights defenders currently in jail and others implicated in this case are being targeted due to their work in the defence of human rights. It believes that the timing of the transfer is a matter of serious concern as the investigation is over and pending adjudication in the court. It is an attempt to undermine an independent inquiry through a Special Investigation Unit and further compromise the safety of the human rights defenders involved.
On 26 October 2018, the Pune Sessions Court rejected the bail application of human rights defenders Sudha Bhardwaj, Vernon Gonsalves and Arun Ferreira and rejected an application by their lawyers for an extension of house arrest. All three human rights defenders have been remanded in police custody until 6 November 2018.
On 28 August 2018, Indian Police arrested five human rights defenders – Sudha Bhardwaj, Vernon Gonsalves, Varavara Rao, Gautam Navlakha and Arun Ferreira – in coordinated raids across India. The activists have been falsely accused of being involved in the Bhima Koregan violence, which occurred on 1 January 2018 during the commemoration of the 200 year anniversary of a battle the Dalits had won against the Peshwas (upper caste rulers). Following an application to the Supreme Court against the human rights defenders’ arrests, they were placed under house arrest under police supervision.
On 28 September 2018, the Supreme Court held that the arrest of the five defenders did not constitute a silencing of dissent and that they were not arrested due to their dissenting views. The Supreme Court granted a period of four weeks for the defenders to seek relief (bail) in a lower court.
Vernon Gonsalves and Arun Ferreira filed bail applications before the Pune Sessions Court on 5 October 2018. Sudha Bhardwaj filed her bail application before the Pune Sessions Court on 6 October 2018. On 1 October 2018, Gautam Navlakha’s arrest was quashed by the Delhi High Court, although the first information report against him remains. Varavara Rao has challenged his arrest before the Hyderabad High Court.
On 26 October 2018, Special Judge K. D. Vadane of the Pune (UAPA) Sessions Court rejected the bail applications of Sudha Bhardwaj, Vernon Gonsalves and Arun Ferreira. The Court also rejected the application for extension of house arrest which was due to expire on 26 October 2018. Vernon Gonsalves and Arun Ferreira were taken into custody on the same evening. Sudha Bhardwaj was taken into custody the following morning. The three human rights defenders were produced before the Pune Sessions Court on 27 October 2018 and remanded until 6 November 2018.
On 27 October 2018, Sudha Bharadwaj submitted an application to court stating that she suffered from several health issues including high blood pressure. The Court ordered that the required medical facilities be provided in prison.
Prior to these arrests, in June 2018, Pune Police arrested five other defenders, Sudhir Dhawale, Rona Wilson, Prof Shoma Sen, Mahesh Raut and lawyer Surendra Gadling. The five defenders arrested on 28 August 2018 had been vocal in their criticism of the arrest and incarceration of those detained in June and Arun Ferreira had provided legal representation to one of the arrested activists. The bail applications of Surendra Gadling and Prof. Shoma Sen are currently pending before court with an order due after 1 November 2018. The decision on bail has been postponed until the Supreme Court determines whether the police could be granted further time to file a charge sheet in this case: The Sessions Court had granted the police an extension of 90 days to file the charge sheet. This decision was challenged before the Bombay High Court, which quashed the extension. On appeal on 29 October 2018, the Supreme Court granted a stay order of the decision of the Bombay High Court until the next hearing of the case before the Supreme Court on 12 November 2018.
Front Line Defenders expresses grave concern regarding the arrest, incarceration and treatment of the above mentioned human rights defenders. Front Line Defenders believes that their arrest and legal persecution is directly linked to their peaceful and legitimate work in defence of human rights.
In the early hours of 6 June 2018 five human rights defenders, Surendra Gadling, Rona Wilson, Sudhir Dhawale, Shoma Sen and Mahesh Raut were arrested in different parts of India. They are being charged under the Unlawful Activities (Prevention) Act (UAPA) with spreading controversial pamphlets and delivering hate speeches in connection with the Bhima Koregaon violence that broke out in January 2018.
In the early hours of Wednesday 6 June, Indian police simultaneously arrested the five human rights defenders in a nationwide operation. Surendra Gadling, Shoma Sen and Mahesh Raut were arrested in Nagpur, Rona Wilson was arrested in Delhi, and Sudhir Dhawale in Mumbai. The human rights defenders were taken to the city of Pune in western India.
According to local human rights defenders, Maharashtra police have said that the five were arrested based on evidence “indicating links with banned Maoist groups” and for their “involvement” in inciting violence on 31 December 2017. Violence occurred during Elgar Parishad, a Dalit commemoration of the anniversary of a battle the Dalits had won 200 years previously against the Peshwas (upper caste rulers). The commemoration had turned violent at Bhima Koregaon (near Pune) on 1 January 2018.
Front Line Defenders condemns the arrests of Surendra Gadling, Rona Wilson, Sudhir Dhawale, Shoma Sen and Mahesh Raut as it strongly believes that they are directly linked to their peaceful and legitimate work in defence of human rights.
Front Line Defenders urges the authorities in India to:
1. Immediately and unconditionally release Surendra Gadling, Rona Wilson, Sudhir Dhawale, Shoma Sen and Mahesh Raut, as Front Line Defenders believes that the human rights defenders are being held solely as a result of their legitimate and peaceful work in the defence of human rights;
2. Conduct independent investigation into the widespread violence organized against Dalits, including human rights defenders, in the aftermath of the Bhima Koregaon commemoration;
3. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals and free from all restrictions.
