No Definitive Judgement on Secure Seizure of Electronic Evidence

Indira Jaising argues  that the provisions of the CrPC did not visualise the search and seizure of Electronic Evidence. The provisions of the CrPC did not visualise the search and seizure of electronic evidence as it is a subsequent technological innovation. There is no definitive judgement on what is considered legal electronic evidence. Two main issues are if the evidence collected is legal and if someone has tampered with computer/device.

https://www.livelaw.in/news-updates/bhima-koregaon-violence-caused-by-another-group-jaising-argues-relying-on-ex-cms-statements-pune-police-affidavit-178184

Comment: The presence of a "string" of data in a computer cannot be criminally attributed to the user of the device.

Pegasus Storm Points To Dangerous Levels of Political Intimidation: Sashi Kumar https://youtu.be/k5w-G1tGz1c?t=157

Senior journalist Sashi Kumar, the founder of Asianet and the current Chairman of the Asian School of Journalism, has also approached the Supreme Court challenging the constitutional validity of this law. Speaking with Mitali Mukherjee, he said it was time for the law to be removed in its entirety as its vague and overboard nature has had a chilling effect on the right to free speech, and has been severely abused in the last few years.

In recent weeks , three benches of the Supreme Court have agreed to hear petitions seeking a declaration that Section 124A of the Indian Penal Code is unconstitutional. Between 2014 and 2019, a total of 326 cases were registered in the country under this controversial colonial-era penal law on sedition. However, just SIX persons were convicted.

The Supreme Court has observed that the offence of sedition — has been enormously misused and even asked the Centre why it was not repealing the provision used by the British to “silence” people like Mahatma Gandhi to suppress the freedom movement.

Vagueness of Law convenient and used cynically by the State.  

Art 19 is about  freedom of speech, and 19 (ii)  "reasonable restraint"  is a qualification/rider based on which we have a whole host of laws..So it looks like the ride is more important that the right..  So you have the UAPA, Sedition Act, Prevention of Damage to Public Property Act,  The prevention of Insult to National Honour Act, the  Epidemic Act.. the Disaster Management Act, e have all been invoked . Apart from this you have the NIA, the CBI, you have various agencies playing their role.  There is a bearing down upon the citizen a multiplicity of Draconian Laws, and agencies of the State , not only to muzzle the press but  the average citizen. 

The bold journalism is being practiced now not from the mainstream freedom, are filling in the role of speaking truth to Power. A new genre of journalism is developing.. 

SC takes up compensation plea of Manipur activist https://www.telegraphindia.com/india/supreme-court-takes-up-compensation-plea-of-manipur-activist/cid/1823247 R. Balaji 21.07.21
Leichobam Erendro’s father, Raghumani Singh, filed the petition citing 'illegal detention'

When the matter came up for further consideration before the bench of Justices D.Y. Chandrachud and M.R. Shah on Tuesday, Erendro’s lawyer, Shadan Farasat, pleaded that the prayer for compensation for “illegal arrest and detention” in the petition should also be considered...Solicitor-general Tushar Mehta, appearing for the Manipur government, argued that the matter should be put to rest as Erendro had been released. “ ..However, Justice Chandrachud, heading the bench, said while referring to Erendro’s detention: “It’s a serious matter. Someone has lost their liberty since May.” 

Erendro’s counsel submitted that FIRs had been registered against the activist, besides his detention under the NSA, but no chargesheet had been filed yet. Farasat argued that orders of detention were passed in a cavalier manner, so responsibility had to be fixed on officials.....The petition had pointed out that despite Erendro being granted bail for alleged offences under IPC Sections 153A (promoting enmity between different groups), 505(b)(2) (public mischief), 295A (outraging religious sentiments), 503 and 504 (breach of peace) by a trial court on May 17, he was rearrested on the orders of a district magistrate under the NSA.

J&K activist behind bars for remarks on ‘outsider’ officers at janata durbar  https://indianexpress.com/article/india/jk-activist-behind-bars-for-remarks-on-outsider-officers-at-janata-durbar-7359245/ 

The Lt Governor has initiated these public hearings or durbars across Kashmir to reach out to people. Top officers, including advisors to Sinha, attend the hearings and listen to the grievances and demands of public.

The Lt Governor has initiated these public hearings or durbars across Kashmir to reach out to people. Top officers, including advisors to Sinha, attend the hearings and listen to the grievances and demands of public. Soon after the hearing , Sofi, who belongs to Safapora, was booked under Section 153A (promoting enmity between the groups) and jailed. After he was given bail by a local court on June 12, police held him under preventive detention for being a “threat to peace”: