Human Rights Defenders Data Information Knowledge Solidarity
HRDs must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues . Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document case law as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State have been using. This is a contributory effort..
UAPA judgment isn’t isolated case. Judiciary changing lanes from reformation to retribution? https://www.youtube.com/watch?v=5bh5XAlF5x0 Apr 1, 2023 Two contradictory judgements, the Rajasthan High Court underlining the perils of UAPA, and the Supreme Court strengthening it further, have come in the same week. Judiciary, lately, has progressed from a reformative institution to a retributive one. Shekhar Gupta.
UAPA judgment isn’t isolated case. Judiciary appears to be changing lanes from reformation to retribution
Two contradictory court judgments this week raise an uncomfortable question: Has the judiciary, from the trial court to the Supreme Court, moved from a reformative institution to a retributive one?
SHEKHAR GUPTA
1 April, 2023
Mere membership of a banned organisations.. UAPA
The judgments in Jyoti Jagtap and Umar Khalid show that the courts continue to be sites of contestation when it comes to UAPA, state and prosecutorial impunity, and under-trial incarceration. These two judgments belong to the “executive court” tradition, where the language of the court resembles – and often goes beyond – the language of the executive. In UAPA bail cases, the executive court’s judgments are marked by how judicial reasoning fills in the gaps in the prosecution’s case with inferences and assumptions, and innocuous and political legitimate forms of dissent are rendered illegal by transplanting them into a “larger conspiracy”, and how the issue of the conspiracy itself remains an assumption.
https://thewire.in/law/umar-khalid-jyoti-jagtap-bail-order-judicial-lottery-liberty
As we have seen, however, this is not the only way under the UAPA: the 2021 and 2022 bail judgments – that also come from the Bombay and Delhi high courts – show how a judiciary that is sensitive to the claims of individual liberty can act under the confines of the UAPA.
Much, therefore, will depend upon which of these two approaches, over time, finally transforms into “settled law”: in the meantime, each individual case represents an important site of the legal and constitutional struggle against the UAPA’s entrenchment of state impunity.
by Gautam Bhatia
21/10/2022
Unlawful Activities Prevention Act-UAPA का दुरुपयोग कब रुकेगा https://www.youtube.com/watch?v=lDmFGtiVa3o
Oct 15, 2022 गैरकानूनी गतिविधि रोकथाम अधिनियम (Unlawful Activities Prevention Act-UAPA), 1967 की नागरिक समाज द्वारा आलोचना की जाती रही है। यह संविधान द्वारा प्राप्त असहमति की स्वतंत्रता, विधि के शासन और निष्पक्ष परीक्षण के विरुद्ध है। सुप्रीम कोर्ट के चार पूर्व न्यायाधीशों ने भी (यूएपीए) पर दंडात्मक प्रावधान को निरस्त करने की वकालत की थी। UAPA का आमतौर पर असंतोष को दबाने और सरकार से सवाल पूछने वाली आवाजों को दबाने के लिए दुरुपयोग किया जाता है।
- GN Saibaba, acquitted by High Court, stays in Jail, orders SC
- UAPA: Criminalising Dissent & State Terror
- A 79-yr-old academic from Lucknow is standing surety for Kappan, when no one else did
- Siddique Kappan को मिली जमानत कहीं से भी राहत की खबर नहीं है
- UAPA
- The Echo of Hearsay
- Cognizance Of UAPA Against Human Rights Activist Khurram Parvez
- Story of a UAPA Prisoner Ishrat Jahan
- Pending bail application of student activist deferred the third time in eight months
- the case against journalist Siddique Kappan
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