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..
[Sedition] These are the 7 petitions in Supreme Court challenging Section 124A IPC https://www.barandbench.com/news/litigation/sedition-7-petitions-in-supreme-court-challenging-section-124a-ipc
also includes links to pdfs all the seven petitions..
Bengaluru Riots: Karnataka HC Grants Default Bail to 115 People Charged Under UAPA https://thewire.in/law/bengaluru-riots-karnataka-hc-grants-default-bail-to-115-people-charged-under-uapa The National Investigation Agency had failed to bring a case against the accused during the first 90 days after their arrest.
According to LiveLaw, Justice Shetty said, “The fundamental right of an individual recognized under Article 21 of the Constitution of India cannot be defeated other than in accordance with law. Since the order passed by the trial court on the application filed by the prosecution seeking extension of time for completion of the investigation is already held to be bad in law, the statutory right that has accrued to the petitioners/accused immediately after the completion of the first 90 days of period which right has been availed of by them by filing an application under Section 167(2) of the Code, seeking statutory bail and also offering surety cannot be denied to the petitioners/accused.”
The court also did not entertain the prosecution’s contention that the accused can apply for regular bail as it had already filed a charge sheet after the trial court had extended the time period for the probe in November 2020.
Former CJI, Rajya Sabha Member Ranjan Gogio opines about sec 124A https://youtube.com/embed/l2GYCPsswSA?start=199&end=744
Ranjan Gogoi says ' I don't have the statistics on the use of Section 124a. The possibility of misuse is not enough to scrap a Law.' He further adds that If the Law is misused, there are ways and means to remedy the situation. Every law is capable of misuse & use. Misuse possibility is not enough to scrap the law. Court judges legality, govt judges necessity of legislation.
He talks about the possibiilty of miuse, and says that he does have statistic on it misuse. Very well informed former CJI!
TWTW: What is Section 124A? | Cyrus Broacha https://youtube.com/embed/9Nw9Vfz5R9E?start=286&end=414
Question CJI Ramana should ask Modi govt at next sedition hearing: Is India made of porcelain? https://youtu.be/RLkTqs74HRI?t=139 Sedition law isn’t just a colonial hangover. It’s a convenient weapon for under-performing governments to conflate themselves with the nation and use against critics. Sedition Law: A law to protect the colonial regime.. to ensure their subjects loyalty. to shut people up. Regimes need laws like these, elected governments dont. the issue is that in 2021, in a democracy, sedition law is a modern day obscenity. There is a difference between the National Interest and the Government interest.
https://youtu.be/RLkTqs74HRI?t=843 Which brings us to the next good question the CJI asked. Why is the use of this law so popular (I’m paraphrasing) when the conviction rate is so poor? Because the idea is never to convict, or punish judicially. It is to ‘ragdo’ (harass) through the process.
Because an FIR registered, particularly for sedition, will take forever to go off the books.
the process become the punishment.. treason and sedition are not the same thing. made worse by social media and some mainstream channel.. treason is desh droh,, sedition - rajya droh..
It is easy to understand why the governments so love it. It helps them conflate themselves with the nation. Remember how angry we still get over that D.K. Borooah slogan during the Emergency: Indira is India, India is Indira. What keeps playing out all the time with this love of the sedition law is a derivative of that.
But we must note some progress. Even on the first day of the hearing the Attorney General didn’t blandly defend the law. Of course, he said the law should not be struck down, but suggested that some guidelines should be laid down so it isn’t misused. The fact, however, is that the Supreme Court has read this section down twice, in the 1962 Kedar Nath Singh case and the 1995 Balwant Singh case. And yet Uttar Pradesh can charge journalists under it for tweets. The law is an abomination in 2021. It must go
Awful laws — sedition, UAPA, NSA — is where all political parties are silently complicit.
- PUCL plea on Sedition
- Sedition Law
- UAPA’s inherently flawed architecture and the role of courts
- UAPA July 2019 amendments
- UAPA Terrorising Civil Society
- Rule by Law, Not of Law
- Bhima Koregaon Case & UAPA
- Lawyer Demands Judicial Inquiry into Stan's Death
- Respect Role of Human Rights Activists; UN EU
- Kashmiri Man Released after 11 years
Subcategories
BAIL
For UAPA articles under