Govt wants to cage women who speak against it, say Narwal & Kalita as they and Asif Tanha walk free / Delhi HC criticises 'wanton, frivolous use of UAPA by the State' / P.B. Mehta: Has the blackbox of UAPA finally been opened?

By Dilip - Thursday, June 17, 2021

NB: It is good news for India that some of our judges are re-establishing minimal standards of justice and fair-play; as also rejecting the dishonest application of law to crush democratic protest. Meanwhile one of those released had to suffer the agony of the death of her father and only remaining parent, without even being allowed a telephone conversation with him. Even today, an 84 year old hearing-impaired Jesuit priest suffering from Parkinson's disease and Covid, remains in custody (only recently was he even transferred to a hospital) under the draconian UAPA. Apparently even his transfer to a jail near his home would undermine India's security! What a shame.

The depth of evil and sycophancy to which our police can sink under the current dispensation is yet to be plumbed, but the government is doing its best to place Indian justice altogether at the service of the Sangh Parivar's ideological agenda. But all of us can thank the HC Bench that released these three young activists, and pulled up the police for misusing security legislation to punish people exercising their constitutional rights.

My heartfelt congratulations to Natasha, Kalita and Asif and my deepest condolences to Natasha for the irreparable loss of her father. As a democratic activist most of my life, all I can say to you is Shabash! Thank you, and keep it up! Millions are with you. Never lose faith in human decency and keep fighting! DS

AFTER languishing in jail for more than twelve months under Unlawful Activities (Prevention) Act [UAPA] charges, which the Delhi High Court Tuesday found prima facie not made out, activists Devagana Kalita, Natasha Narwal and Asif Tanha were released from Tihar jail this evening. All three are accused of criminal conspiracy to instigate the North-East Delhi violence in February 2020. Speaking to the NDTV outside Tihar jail, Narwal said she received a lot of love from inmates and children in jail” “Govt wants to cage women who speak against it”, said Narwal and Kalita.

P.B. Mehta: Has the blackbox of UAPA finally been opened? (Thank you Professor. May I add that the ultimate black hole is the totalitarian agenda of the Sangh)

Hugs, cheers outside Tihar

Granting bail to all the three, a bench of Justices Siddharth Mridul and Anup J Bhambhani said, “Allegations relating to inflammatory speeches, organising of chakka jaam, instigating women to protest and to stock-pile various articles and other similar allegations, in our view, at worst, are evidence that the appellant participated in organising protests, but we can discern no specific or particularised allegation, much less any material to bear out the allegation that the appellant incited violence, what to talk of committing a terrorist act or a conspiracy or act preparatory to the commission of a terrorist act as understood in the UAPA”.

The bench said “In its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy”….

https://www.theleaflet.in/govt-wants-to-cage-women-who-speak-against-it-say-narwal-and-kalita-as-they-and-asif-tanha-walk-free-from-jail/

Delhi HC criticises 'wanton, frivolous use of UAPA by the State'

“Wanton use of serious penal provisions would only trivialise them. Whatever other offence(s) the appellant may or may not have committed, at least on a prima facie view, the State has been unable to persuade us that the accusations against the appellant show commission of offences under sections 15, 17 or 18 of the UAPA”, the court said. A bench of Justices Siddharth Mridul and Anup J Bhambhani went on to state, “…In its anxiety to suppress dissent… the State has blurred the line between the constitutionally guaranteed ‘right to protest’ and ‘terrorist activity’.”…

https://www.theleaflet.in/wanton-frivolous-use-of-uapa-by-the-state-undermines-parliaments-intent-in-enacting-anti-terror-law-delhi-hc/

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