The Leaflet / by Gursimran Kaur Bakshi

As the J&K High Court recently reiterated, allegations of ‘terrorism’ have become a copy-paste template that the State uses to muffle dissent, but why do courts freeze the process of criminal justice on hearing ‘national security’?
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The jurisprudence has resulted in widening the coercive powers of the police and investigation agencies. Since the court only forms its assessment on broad probabilities, a pattern has emerged from the evidence submitted by the prosecution in a wide range of UAPA cases where there is a similarity in terms of enormous allegations running into thousands of pages, generalised testimonies of witnesses; most of which are protected witnesses, lack of incriminating evidence and heavy reliance on electronic evidence and literature.
There are similarities in three specific instances: those arrested in the backdrop of the 2018 Bhima-Koregaon violence, deoperationalisation of Article 370, and 2020 Northeast Delhi riots.
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