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Tag: UAPA

Draconian UAPA provisions challenged in the SC [read petition] / SC to hear plea on Oct 18

Draconian UAPA provisions challenged in the SC [read petition] / SC to hear plea on Oct 18

Draconian UAPA provisions, constitutionality challenged in the SC [read petition]

28/09/2022

Sabrang India / by Tanya Arora

The most recent challenge to the UA(P)A is a petition filed that makes the case that vague language and arbitrary provisions violate allow governments to abuse powers and violate the fundamental rights of the citizens
The Unlawful Activities (Prevention) Act, 1967, is being challenged in court as having “manifestly arbitrary” provisions and a very broad definition of “unlawful activity” that has a stifling impact on free expression. The Supreme Court, that first took up the matter September 26, 2022 will hear the matter on October 18.
… The petition argues that the UAPA’s provisions are “arbitrary and perverse, since they represent a condemnation of all democratic expression,” and that governments are abusing them “to target any and all kinds of dissent.” The petition was filed through attorney Rahul Bhatia.
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Supreme Court to hear plea challenging UAPA on October 18

27/09/2022

Scroll.in / by Scroll Staff

The petitioner has argued that the law is being misused by the government as a political tool to target all forms of dissent.
The Supreme Court on Monday said it will hear a petition challenging the constitutional validity of the Unlawful Activities (Prevention) Act on October 18, Live Law reported.
Under the stringent provisions of the Unlawful Activities (Prevention) Act, investigation agencies get 180 days to probe a case, as against 60-90 days under ordinary criminal law.
… Umar Khalid, Sharjeel Imam, Siddiqui Kappan and Stan Swamy are some of the activists who have been accused under the draconian law.
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Prisoners of Conscience Under Modi Regime

Prisoners of Conscience Under Modi Regime

By Communist Party of India (Marxist-Leninist) Liberation

Since the BJP’s rise to power in 2014, the list of people -ranging from human rights activists to lawyers, and journalists to students – being persecuted for their identity and their fidelity to fighting for democratic and progressive rights, has grown rapidly. Starting from the arrests related to Bhima Koregaon in 2018 and protests against CAA in 2020 to the recent arrests of activist  Teesta Setalvad and journalist Mohammad Zubair, the current regime is bent on imprisoning any person who speaks uncomfortable truths and exposes their lies.
Read full statemnt

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Also visit:

● Prisoners of Conscience in India. The Prisoners of Conscience in India (PoCI) documents and highlights the cases of people who have been imprisoned in India because of their peaceful expression of political, religious, or other conscientiously held beliefs.

On courts and the tenability of the case / “When Will Trial Start?”: SC asks NIA

On courts and the tenability of the case / “When Will Trial Start?”: SC asks NIA

Just in case: On courts and the tenability of the Bhima Koregaon case

12/08/2022

The Hindu / by Editorial

It is time the tenability of the Bhima Koregaon case was examined by courts.
The grant of bail to the 82-year-old Telugu poet and activist, Varavara Rao, on medical grounds is a welcome relief to at least one of those arraigned in the controversial Bhima-Koregaon case under the Unlawful Activities (Prevention) Act.
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Punishing process: Supreme Court bail for Varavara Rao again raises questions for the justice system

11/08/2022

Times of India / by TOI Edit

In granting permanent medical bail to Varavara Rao, the Supreme Court has made it clear that stringent restrictions against bail in laws like UAPA don’t hinder constitutional courts from protecting fundamental rights. Last year, SC had relied on this principle to uphold bail to a UAPA accused – arguing that his incarceration for over five years while the trial crawled on was unjustified. But Rao’s bail, granted on technical grounds – medical condition, advanced age, adherence to bail conditions, delay in framing charges – doesn’t answer any of the larger questions confronting the justice system.
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“When Will Trial Start?”, “How Will Letters Be Proved?”, Supreme Court Asks NIA In Bhima Koregaon Case

10/08/2022

Live Law / by Livelaw News Network

While hearing Varavara Rao’s bail application, the Supreme Court on Wednesday posed a host of queries to the National Investigation Agency on the Bhima Koregaon case, in which the agency has kept in custody several persons from academic-activist backgrounds on UAPA charges over alleged links with banned Maoist organization.
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Andhra Pradesh: Social activists demand repeal of UAPA

Andhra Pradesh: Social activists demand repeal of UAPA

The Hindu / by Special Correspondent

Activists under the banner of the UAPA Repeal Agitation Committee(URAC) urged Chief Justice of India N.V. Ramana to direct the Centre to repeal the Unlawful Activities (Prevention) Act (UAPA).
… Speaking on the occasion, Organisation for Protection of Democratic Rights (OPDR) State president Ch. Sudhakar contended that the Act had been misused against activists in the Bhima Koregaon case.
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Also read:
● UAPA Case Data Suggests That Process Is Indeed the Punishment (The Wire / July 2022)

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

From Bhima Koregaon to PMLA, Justice Khanwilkar’s Legacy Will Not Favour Liberty

30/07/2022

The Quint / by Vakasha Sachdev

From his decisions on Bhima Koregaon in 2018 to PMLA in 2022, Justice Khanwilkar consistently enabled state power.
The legacy of Justice AM Khanwilkar, who retired as a Supreme Court judge on Friday, 29 July, can best be summed up by the first case where he came to prominence.
In August 2018, the Maharashtra Police made the second set of arrests in what would come to be known as the Bhima Koregaon case.
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Justice AM Khanwilkar’s Legacy: Regression of Fundamental Rights

30/07/2022

Live Law / by Manu Sebastian

When it came to the exercise of judicial review and protection of fundamental rights, Justice Khanwilkar displayed a narrow and technical approach.
… Here is a look at some judgments/orders authored by Justice Khanwilkar in cases relating to civil liberties.
Rejecting plea for SIT probe in Bhima Koregaon case.
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Also read
● The Executive(’s) Court: On the Legacy of Justice A.M. Khanwilkar (The Wire / July 2022)
● Not A Case Of Arrest For Dissent, SC Turns Down Plea For SIT In Bhima Koregaon Case By 2:1 Majority, Chandrachud Dissents [Read Judgment] (Live Law / Sep 2018)
● Justice Chandrachud dissents again: Bhima Koregaon case needs impartial investigation (Scroll.in / Sep 2018)

Will Murmu Remain Help Unseen Adivasis Be Seen at Last? / Defending India’s Human Rights Defenders

Will Murmu Remain Help Unseen Adivasis Be Seen at Last? / Defending India’s Human Rights Defenders

Will Droupadi Murmu Remain a BJP Electoral Ploy or Help Unseen Adivasis Be Seen at Last?

21/07/2022

The Wire / by Ajoy Ashirwad Mahaprashasta

BJP is sure to celebrate its own decision to get an Adivasi President elected more than Murmu’s own achievements as a loyal political worker. It remains to be seen if they will let her have her own voice.
… Those who have been working for Adivasis’ causes point out that while BJP may congratulate itself in nominating Droupadi Murmu, their governments have mostly struck down or dismissed autonomous movements led by Adivasis. People like Father Stan Swamy (who passed away due to alleged medical negligence while in jail), Sudha Bharadwaj, or Surendra Gadling, all of whom have devoted their lives to improve the conditions of Adivasis, have been arrested under charges of terrorism in the Elgar Parishad case.
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Defending India’s Human Rights Defenders

21/07/2022

South Asian Voices / by Ria Chakrabarty

On July 5, 2021, Jesuit Priest and human rights defender Father Stan died in Indian custody at the age of 84. He was the oldest person to be arrested by the Indian government for terrorism. Father Stan’s incarceration led to a global outcry against the Indian government’s brutal treatment of Indian human rights defenders.
Father Stan is one of a mushrooming group of prisoners of conscience whom the Indian government has jailed over the past few years.
Read more

Also read:
● ‘Religious Freedom Worsened’: US Body Names India as ‘Country of Particular Concern’ (The Wire / April 2022)
● 2022 ANNUAL REPORT (U.S. Commission on International Religious Freedom (USCIRF) / April 2022)

Activists press for repeal of UAPA / UAPA Case Data Suggests That Process Is Indeed the Punishment

Activists press for repeal of UAPA / UAPA Case Data Suggests That Process Is Indeed the Punishment

Andhra Pradesh: Activists press for repeal of UAPA

20/07/2022

The Hindu / by Special Correspondent

‘Its provisions being misused to muzzle voices of those who opposed atrocities against people of weaker sections’
Activists under the banner of the UAPA Repeal Agitation Committee staged a demonstration in front of the Prakasam Bhavan here on Tuesday demanding the repeal of the Unlawful Activities (Prevention) Act (UAPA).
Leading the protest, Organisation for Protection of Democracy(OPDR) State president Ch. Sudhakar contended that the Act, misused to slap cases against activists in the Bhima Koregaon case, was more draconian than the Terrorist and Disruptive Activities(prevention) ACT(TADA), and urged the Supreme Court to give a direction to the Centre for its repeal.
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UAPA Case Data Suggests That Process Is Indeed the Punishment

20/07/2022

The Wire / by The Wire Staff

Data revealed by the Union home ministry in the Rajya Sabha showed that 97.5% of people arrested under UAPA between 2016 and 2020 have been imprisoned for multiple years while waiting for trial.
Figures released by the Union home ministry in the Rajya Sabha have backed up the belief that the ‘process is the punishment‘, especially when cases are registered under the draconian Unlawful Activities (Prevention) Act (UAPA).
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Also watch:

Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)

Three Day consultation
► Repeal UAPA – Day One (video: en + … | 2h 17min)
► Repeal UAPA – Day Two (video: en +… | 2h 22min)
► Repeal UAPA – Day Three (video: en + … | 2h 51min)

The contemporary relevance of Internal Emergency 1975-77

The contemporary relevance of Internal Emergency 1975-77

The Leaflet / by Arvind Narrain

On June 25, we mark the 47th anniversary of the declaration of Emergency by the then Prime Minister, Indira Gandhi. The events of the emergency have long since faded into history, but there are uncanny resonances with the contemporary context…
The use of the UAPA and the NIA by the current regime is, in Vajpayee’s language, the ‘beginning of the police state’ and a ‘blot on democracy’. Advani’s warning of the use of MISA against the opposition finds a resonance in the use of UAPA and NIA against protestors, be it the Bhima Koregaon 16, anti-Citizenship (Amendment) Act protestors, Kashmiri protestors or a range of dissenters across the country. 
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In Umar Khalid’s Bail Appeal, a Ray of Hope for UAPA Cases?

In Umar Khalid’s Bail Appeal, a Ray of Hope for UAPA Cases?

The Quint / by Vakasha Schdev

While the SC’s Watali judgment is cited to deny bail in UAPA cases, a new interpretation could prevent its misuse.
… On top of the general problems with the justice system that have led to this situation, Khalid’s continued incarceration, like that of the other accused in the Delhi Riots conspiracy case as well as the Bhima Koregaon matter, is a result of the draconian Unlawful Activities (Prevention) Act – the UAPA.
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Also watch:

Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)

Three Day consultation on 20th, 21st and 22nd January, 2021
► Repeal UAPA – Day One (video: en + … | 2h 17min)
► Repeal UAPA – Day Two (video: en +… | 2h 22min)
► Repeal UAPA – Day Three (video: en + … | 2h 51min)

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

PUCL welcomes the initial step towards the complete repeal of the colonial law of Sedition

12/05/2022

By Peoples Union for Civil Liberties (PUCL)

Press release
The Peoples Union for Civil Liberties welcomes the order of the Supreme Court dated 11.05.22 in the petition filed by Army veteran Major-General SG Vombatkere (Retired) as well as PUCL and a range of other petitioners challenging the constitutional validity of Section 124-A of the Indian Penal Code, 1860.  In its petition, the PUCL had pleaded that owing to the development of constitutional law, the law of sedition of the colonial era had no place; it was overbroad, vague, arbitrary, violating the sacrosanct freedom of speech and expression, hence it was imperative to strike it down as it was unconstitutional.
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Will SC’s Sedition Order Mean Relief for Delhi Riots, Bhima Koregaon Accused?

12/05/2022

The Quint / by Mekhala Saran

Simply put: the Supreme Court’s order in the pleas challenging the sedition law is unlikely to do so. Here’s why…
“I have every right to criticise the government. BJP-RSS do not constitute country. They do not constitute nation. They have taken a jibe against Modi, against his policies. How is this sedition?” Advocate Nihalsingh Rathod, appearing for Ramesh Gaichor and Sagar Gorkha — two of the accused in the Bhima Koregaon case — had told a special court in November 2021.
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Suspending sedition: No cause for celebration

13/05/2022

Deccan Herald / by Shikha Mukerjee

There really is no cause for celebration after the conditional suspension of the infamous Section 124 A, otherwise known as the Sedition Act of 1870. The statute books have so many other equally infamous laws, starting with the Unlawful Activities (Prevention) Act amended and strengthened in 2019, and the 2019 expansion of the National Investigation Agency Act that dumping a “colonial-era” law and claims to be respectful of human rights and liberties is a phoney gesture.
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