In Criminalising Political Action, Judges Are Helping the State Bring Politics Into India’s Court

In Criminalising Political Action, Judges Are Helping the State Bring Politics Into India’s Court

The Wire / by Shahrukh Alam

I wish they’d recognise the arrests of political prisoners as a systemic pro-establishment political act, and then tell the state – and not the defendants – to not bring politics to the courts.
‘Submissions should be limited to law and not be political.’
This is a common refrain in the courts.
Yet the prosecuting state’s behaviour towards its prisoners has been rather erratic. On the one hand, it is seen to oppose, tooth and nail, the grant of bail to political activists such as Jyoti Jagtap, or Umar Khalid, alleged to have ‘ignited passions’ and provoked violence (in others).
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Supreme Court’s suspension of Dr. G.N. Saibaba’s acquittal: ‘Technical grounds are also substantive’, says senior advocate, Mihir Desai (The Leaflet / Oct 2022)

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