Civil Liberties Law
Personal Liberty and the Indian Courts PUCL Meeting Speakers: • Senior Advocate Mihir Desai • Advocate Gautam Bhatia https://www.facebook.com/peoples.union.for.civil.liberties/videos/2257352334437053
The one hour 45 mins discussion examines the recent three judgements relating to
•The denial of bail of Jyoti Jagtap by the Bombay High Court in the Bhima Koregaon Conspiracy case. (Jyoti Jagtap v. National Investigating Agency and Anr.). In this case it is clear that there was no actual specific allegation that she was involved in violence or that any speech she gave incited violence.
• The stay on the Bombay High Court judgement of acquittal/discharge of Dr. GN Saibaba and others by the Supreme Court
• The denial of bail by the Delhi High Court of Umar Khalid in the Conspiracy case of the Delhi Riots of 2020. his membership to various WhatsApp groups is taken into account by the court. The gaps between his participation in WhatsApp groups and his participation in violence is filled by stipulation the HC makes. Court has to take innocuous statements and say that because there this is a larger conspiracy, these statements have a sinister meaning.
The meeting was reported in Livelaw: Conspiracy Allegation Used To Fill Gaps, Speeches Given A Criminal Colour : Gautam Bhatia On Umar Khalid, Jyoti Jagtap Bail Orders Padmakshi Sharma https://www.livelaw.in/top-stories/conspiracy-allegation-used-to-fill-gaps-speeches-given-a-criminal-colour-gautam-bhatia-on-umar-khalid-jyoti-jagtap-bail-orders-212477
Adv Bhatia stated that substantive clauses of UAPA had to be given a narrow interpretation. Here, he gave an example of Justice Bhambhani's judgement in Asif Iqbal Tanha v State of NCT of Delhi.
- [[Procedure v/s Merit]] : Adv Bhatia commented on the Dr Saibaba case and stated that procedure had somehow less sanctity than a finding on merit. This has led to devaluation of procedure.The question is how do we, as legal writers, lawyers, citizens somehow bring back the sanctity of procedure", he said.
- Senior Advocate Mihir Desai also spoke about how the procedure is as important as the merit, as the law and procedure for stringent acts, especially when it comes to personal liberty have been designed to protect individual from the state. The process emphasises an independent procedure for a reason.
- Mihir Desai highlighted the issue of "frontal organisations". Jyoti Jagtap is said to have shouted slogans at Elgar Parishad as part of a play which dealt with issues such as demonetisation and Dalit rights. Jyoti was a part of Kabir Kala Manch. You can't throw names that this is a frontal organisation unless you come with a clear government notification. What is the basis of holding Kabir Kala Manch as a frontal organisation? Nothing. Just the other day the Prime Minister called 'Narmada Bachao Andolan' as an Urban Naxal Movement. Anything can be called this, which is okay for politicians but for courts to hold such organisations as frontal organisation is wrong."