IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. ________2018 IN THE MATTER OF :

ROMILA THAPAR [Address redacted] DEVAKI JAIN [Address redacted] PRABHAT PATTNAIK [Address redacted] SATISH DESHPANDE [Address redacted] MAJA DARUWALA [Address redacted]

(PETIONERS)

VERSUS

UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI – 110001 SPECIAL CELL DELHI POLICE, POLICE STATION, LODHI COLONY, NEW DELHI – 110001 3. STATE OF MAHARASHTRA THROUGH ITS STANDING COUNSEL

(RESPONDENTS)

WRIT PETITION IN PUBLIC INTEREST SEEKING THE IMMEDIATE RELEASE OF ACTIVISTS RAIDED AND ARRESTED IN COMPLETE VIOLATION OF THEIR FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLE 14 AND 21 OF THE CONSTITUTION OF INDIA

TO THE HON’BLE THE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE SUPREME COURT OF INDIA

THE PETITIONERS RESPECTFULLY STATE AS UNDER:

1. This petition is being filed to subserve larger public interests and to prevent stifling of honest dissent so as to protect democratic values and the democracy. This petition seeks to bring on record the gross abuse of police power in the country which is intended to stifle if not kill independent voices and a differing ideology from the party in power. The impugned actions of the Pune Police is the biggest attack on freedom and liberty of citizens by resorting to high handed powers without credible material and evidence. The entire exercise is to silence dissent, stop people from helping the downtrodden and marginalised people across the Nation and to instil fear in minds of people. The timing of this action leaves much to be desired and appears to be motivated to deflect people’s attention from real issues. Petitioners are seriously concerned about the erosion of democratic values and are moving this Honble Court not to stop investigation into allegations but to ensure independent and credible investigation by such persons as may be deemed fit under supervision of this Honble court. Anything short of this will damage the fabric of nation irreparably. This writ petition is thus being filed against the arrests of five human rights activists from Delhi, Faridabad, Mumbai, Thane and Hyderabad on completely fabricated charges under various provisions of the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code, after their houses and offices were raided on the 28th of August 2018. The charges against them on the face of it appear indiscriminate, unwarranted, part of a malicious campaign to threaten human rights defenders, independent journalists, writers and thinkers in this country, from critiquing the government and its policies and an attempt to muzzle dissent. The activists who have been arrested are pro democracy workers who have been leading peaceful peaceful peoples rights based movements especially among the poor and marginalised communities, dalits and adivasis, for several years, in different parts of the country. The use of the UAPA meant for exceptional and violent activity, against such persons, when there has been absolutely no evidence of any acts of violence by these activists is deeply disconcerting and calls for an urgent intervention by this Hon’ble Court.

1 A. The petitioners are all academics and are seriously concerned with the preservation of the democratic fabric of this country.

Petitioner no. 1 is India’s best known historian. She is Professor Emerita at JNU where she taught for most of her career, and has twice declined the Padma Bhushan award from the Government of India.She has been elected to the British Academy and the American Academy of Arts and Sciences. Co-winner of the million dollar Kluge Prize, she has been awarded honorary doctorates by the universities of Oxford and Chicago among others.

Petitioner no. 2 is Padma Shri awardee and one of India’s pioneering feminist economists. She has to worked with many national bodies including the Planning Commission and the National Commission for Women, as well as several international organisations like the UNDP and the South Commission. She is a founding member of Development Alternatives for Women for a New Era (DAWN) and the Indian Association of Women’s Studies (IAWS).

Petitioner no. 3 is former Rhodes Scholar and an eminent economist who taught at JNU for more than three decades. He served as Vice-Chairman of the Kerala State Planning Board, and was a member of the high power UN task force on the global financial system. He is also the editor of the journal Social Scientist.

Petitioner no. 4 is a well known sociologist and teaches at Delhi University. He is the winner of the Malcolm Adiseshiah Award for distinguished contributions to development studies, and served on the Government of India’s expert committee on the proposed Equal Opportunity Commission. He has had visiting appointments at the University of Chicago and the EHESS, Paris.

Petitioner no. 5 is a board member and senior advisor, Common Wealth Human Rights Initiative.

2. From the morning of August 28 2018 the following activists are presently known to have been arrested after raids on their homes:

i. Gautam Navalakha (Human Rights activist and journalist New Delhi). He was the President of the People’s Union for Democratic Rights and has been has been associated with the Economic and Political Weekly. He is a known commentator on current affairs. The state relied upon him to negotiate the safe return of persons abducted by left wing extremists in Chhattisgarh.

ii. Sudha Bharadwaj (Advocate, Bilaspur High Court, currently residing in Faridabad) Prominent cause lawyer of Bilaspur High Court who has represented workers, poor and marginal farmers and others in Chhattisgarh. She is the national general secretary of PUCL and since 2017 been teaching at the National Law University, Delhi. As a member of the Indian Association of People’s lawyers, advocated Sudha Bharadwaj was vocal against the arrest of lawyers like Surendra Gadling in recent times. Sudha Bharadwaj has been a member of committees and provided legal aid and is a recognised human rights defender.

iii. Varavara Rao (Age 79, based in Hyderabad, political worker, commentator and renowned poet) He was a professor of English and Telegu literature.