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Mere association or support for a terror outfit does not attract UAPA: Supreme Court OCTOBER 28, 2021 Krishnadas Rajagopal

“Mere association” with a terrorist organisation as a member or otherwise is not sufficient to attract an offence under the draconian Unlawful Activities (Prevention) Act of 1967...
Association or support for a terror outfit should be accompanied with an intention to commit acts to further the activities of the terrorist organisation, The court was dealing with Sections 38 (membership of a terrorist organisation) and 39 (supporting a terrorist organisation) of the UAPA. Both Section 38 and 39 attract imprisonment upto 10 years or fine or both.

The court said an “intention of furthering the activities of a terrorist organisation” could be inferred from “overt acts or acts of active participation of the accused in the activities of a terrorist organisation which are borne out from the materials forming a part of the chargesheet”.

SC Must Repeal Sedition Law, UAPA So Citizens Can 'Breathe More Freely': Justice Nariman https://thewire.in/law/sc-must-repeal-sedition-law-uapa-so-citizens-can-breathe-more-freely-justice-nariman 
"If you are booking persons, including journalists, under these laws which come with large sentences and no anticipatory bail, people would not speak their mind."

“I exhort the Supreme Court to not keep sending the case back to the government. Governments will come and go, and it is not the government’s business to start amending or repealing laws. There is a live case before the Supreme Court and it is important that the court use its power to strike down section 124A and the offending provisions of the UAPA to ensure that the citizens can breathe more freely. Maybe then India will move from 142 out of 180 to much higher (in the RSF’s 2021 World Press Freedom Index),”

Why is Gulfisha Fatima Behind Bars for the last 18 months in a 'Free' Country?  This email address is being protected from spambots. You need JavaScript enabled to view it.

Gulfisha Fatima, a voice fighting for our collective feminist citizenship, has been in jail since 8th April 2020. She found her political voice during the Anti CAA NPR NRC protests and courageously articulated her demand for the right to equal citizenship that the laws undermine. Far from being a 'terrorist' as falsely charged the Delhi Police, she and her community have faced the terror of hindutva forces and politicians for daring to assert their right to equal citizenship. Since her arrest, the state has tried every tactic available to delay her bail proceedings and keep her in jail unjustly. Every day Gul spends behind bars is a blow to our shared rights and freedoms.

Who is Gul? She is a young student from Seelampur, the first in her family to pursue higher education, who after completing her Masters in Urdu Language from Delhi University, decided to study management to support her family financially. She is an empowered Muslim woman who turned down a paid employment position so that she could be part of the citizenship protests and raise her voice for equality. She is an educator who set up English, Hindi and Urdu literacy classes at her sit-in protest site for women of all ages. She is an organizer who won the trust and admiration of all in her community and emerged as a powerful and fearless voice.

What kind of nation imprisons, instead of celebrating, its brightest young people? What kind of nation sends the advocates of freedom, equality, and justice to jail? What kind of nation goes to such lengths to instill fear of speaking out in the minds of all citizens? What kind of “free” nation needs to cage its women?

We call upon feminist, student and democratic groups and individuals across the country to come together and mobilize simultaneous protests and on-ground actions on the streets of as many towns and cities as possible, as well as online solidarity on 9th October, 2021 to Demand an End to Gulfisha’s Unlawful Imprisonment and assert our claim to every right of equal citizenship, promised to us in the constitution.

Along with Gulfisha, what has been jailed are our hopes for freedom, justice and equality. A fight for her release is a crucial step in the long struggle for a collective fearless feminist future. As we all know, Gul's isn't a case in isolation. We have been witnessing increased police brutality, state repression and the disproportionate impact of targetted hate and violence on minorities, in particular Muslims and other historically marginalized groups. Gul and others represent the face of youthful and powerful resistance against these injustices. A resistance which needs the widest solidarity from all sections of society.