https://theleaflet.in/sedition-uapa/ignoring-binding-precedent-does-not-make-good-law-it-only-undermines-judicial-discipline
*Ignoring binding precedent does not make good law, it only undermines judicial discipline*
How the Supreme Court’s differential approach to bail for Umar Khalid and Sharjeel Imam undermines binding precedent on bail and personal liberty
Comments on WA: Sara: Sharjeel Imam spoke against the Assam detention camps and NRC at a time when many in the mainland had confused positions on it rooted on sympathy for Axomia nationalism and the Assam accords. To me that was the opposite of “breaking” the country. He spoke for the protection of Bengali Muslims there - not as a separatist but as an advocate for their right to belong as full and equal citizens of our country. It’s painful that after 6 years of incarceration he is still misunderstood and demonised on the basis of a clip taken out of context.
SS: <https://youtu.be/77WkoxNrP84> If the clip is "out of context", please provide the context, i.e. a longer clip.
Sara: Actually look at the same clip you’ve provided and listen to the totality of what he’s saying - he says Muslims if they organise have the power to do that (control chickens neck for 1-2 months). But for what does he want to exercise that power? That’s also in the same clip- to save Bengali Muslims in Assam whom he sees as being at risk of being mass slaughtered. Is he demanding an independent Assam for them? No, he’s asking Muslims to use that power to cut off supplies to Assam go negotiate with the Indian state to save Muslims from the tyranny of the CAA NRC. Again, he’s clearly speaking of a protest tactic.
Also let’s think about what you’re saying - is he an Axomia nationalist? Why would he want an independent Assam especially when Axomia nationalism is at the root of the NRC he is protesting (all in the same clip) It makes no sense to call him a separatist on the basis of this clip.
SS: As far as I'm concerned, Sharjeel Imam "must have not been made to languish behind the bars under the UAPA."
I also added that "it's fairly absurd -- even scandalous -- to bracket the two [i.e. Imam and Khalid] together."
Sara: I apologise if that is not what you meant - it’s what many have said and what the sedition claim is rooted on. My only point is that he isn’t some sort of demon. He’s someone who felt the injustice of the nrc both in Assam and elsewhere and had radical ideas on how to respond. When radical thought and radical protest (even without violence) is condemned on the basis of tone, the space for dissent in total shrinks. I’m truly sorry if none of this is applicable to your thoughts on this.
https://www.youtube.com/watch?v=C_HhyDWHOoE Actor Prakash Raj recalled his visit to jailed anti-CAA activist Umar Khalid’s house in Delhi, saying the government cannot break his resilience, which he drew from his home. He added that those in power are frustrated by his continued spirit and by the people standing with him. at a public discussion organised by the Association for Protection of Civil Rights India on “Longing for Justice: Continuous Denial of Bail & Caging Dissent.”