CED - Documentation & E Library
Data Information Knowledge and Solidarity of HRD

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..

"Who Is Guiding SC?": Arvind Sawant Questions Judiciary

Shiv Sena MP, Arvind Sawant speaking about how the problem of overeach of agencies, and cases and jail is not being addressed. What is to be done about people who have been found to abuse their powere or wronfully launched proceedings including jail  on political opponents.   https://youtu.be/kF1EuiTONl4?t=211 He also says that after coming into the Rajya Sabha the former CJI has also said that he would not go to the Supreme Court, indicating that he has also knows something that has caused him to loose faith in the judiciary!

"Who Is Guiding SC?": Arvind Sawant Questions Judiciary In Impassioned Speech Dec 9, 2021
Shiv Sena MP Arvind Sawant in parliament raised serious questions on Judiciary in his speech over the disappearance and reappearance of former Mumbai Police Commisioner Param Bir Singh, and SC's directive to not arrest him.

Other related articles on Civil Liberties.. http://emeets.lnwr.in/index.php/me-mes-for-civil-liberties

Prashant Bhushan, कहा- जमानत खारिज करने का कोई आधार

Aryan Khan को लेकर बोले Prashant Bhushan, कहा- जमानत खारिज करने का कोई आधार नहीं https://www.youtube.com/watch?v=MixdRHWd9Uo  Oct 25, 2021

वरिष्‍ठ वकील प्रशांत भूषण (Prashant Bhushan) ने पिछले दिनों एक ट्वीट किया था. जिसमें उन्‍होंने लिखा था कि कि देश के मुख्‍य न्‍यायाधीश जजों को व्‍यक्तिगत आजादी को लेकर थोड़ा और सचेत करें. प्रशांत भूषण ने एनडीटीवी से बातचीत में कहा कि आर्यन खान के केस में ऐसा कोई आधार नहीं है, जिस आधार पर जमानत खारिज की जा सकती है.

Another CAA protester gets Bail

Another CAA protester gets Bail in Delhi Riots as identity not proved दिल्ली दंगो में एक और ज़मानत https://www.youtube.com/watch?v=-watjA4Am6I 
Sep 5, 2021 Legal question : when the charge is of unlawful assembly, then all under Sec 34 common intention, Sec 149 common object..all persons are liable..  But at the time of bail, if there is no clear proof of that persons involvement, bail is not deniable.  

 

Revision of penal laws overdue Oct 24, 2019 https://www.tribuneindia.com/news/archive/comment/revision-of-penal-laws-overdue-851464 
Home Minister Amit Shah’s call for the revision of the Indian Penal Code (IPC) is being subjected to unnecessary criticism.

recent developments such as the enactment of the UAPA and the use of criminal law against political opponents have made some experts apprehensive that the revision would make the IPC further regressive and retributive. ..Criminal law reform must not be guided by retribution and deterrence, but by reformation and rehabilitation. ..

Justice Fitzgerald observed: ‘The law of conspiracy is a branch of our jurisprudence to be narrowly watched, to be zealously regarded and never to be pressed beyond its true limits.’ Under Section 149, mere membership of the assembly without any participation in the crime is sufficient. In several cases, people were sentenced to death, though most of them were not even present near the scene of the actual crime. Marital rape should be made a penal offence.

On the procedural front, an independent directorate of prosecution should be established. Investigation and prosecution are different functions. Witness protection regime must also be introduced and law of bail should be revised. Insistence on sureties must go.

Delhi Riots Bail Orders: CAA Protests are not Terrorist Activity | विरोध और आतंकवाद अलग | https://www.youtube.com/watch?v=-D-Mngkda5s Jun 15, 2021

Strange and Arbitrary Bail Orders: Are Indian Judges Going Too Far? https://thewire.in/law/judges-bail-orders  
28/APR/2020
A look at recent orders placing conditions on bail raises several questions. In granting bail one must balance the personal liberty of the accused with public justice. Lately, there have been many problematic bail orders both in terms of their length, what they stated as well as the conditions these orders imposed. 

The law is clear that conditions which have no nexus with the object and purpose of bail and tend to be in the nature of harassment of the individual or even an infringement of their constitutional and legal rights cannot be brought within the purview of the lawful exercise of ‘judicial discretion’.

 

  1. Natasha Narwal - Salute
  2. Default Bail: a fundamental right
  3. 'Bail is rule,Jail exception'– Why SC verdicts in UAPA/PMLA cases underlining this, are significant
  4. Deaths in Police Custody Rose Sharply Over Last Three Years, Rajya Sabha Told
  5. Death of Dalit Man in Police Custody Feb2022
  6. Letter to ADG Prisons
  7. the ‘anda cell’ is used to discipline prison inmates
  8. Reading Fr. Stan
  9. Mere association with Dawood Ibrahim will not amount to terror gang membership under UAPA
  10. Supreme Court Rebukes NIA For 4-Year Delay In Trial

Subcategories

BAIL

For UAPA articles under

Rights in Custody

UAPA

BK16

Stan Swamy Amar Rahe

UAPA - Umar Khalid

UAPA - Newsclick

H R violations documentation

bulldozer

Public Security Bill Maharashtra

Manipur Violence

Free Speech

  Ban on films, documentaries by Government e.g documentary on PM by BBC. Debate on censorship, opinion, statements by media people, leaders, screening of film on Modi at universities etc. 

Corporate Behaviour and Free Speech

In a defamation case against Paranjoy Thakurta,  a  court has order, issued on September 6, directed the removal of defamatory content from their respective articles and social media posts within five days. In the suit filed by Adani Enterprises Ltd, seen by HT, the allegedly defamatory material includes transcripts of YouTube videos, screenshots of X posts by journalists, and images of their X profiles.https://www.msn.com/en-in/news/India/mib-issues-takedown-notices-to-13-digital-news-publishers-over-adani-defamation-case/ar-AA1MIjBR 

Based on this,  The ministry of information and broadcasting (MIB) on Tuesday issued takedown notices to 13 digital news publishers on YouTube and Instagram for disseminating defamatory content related to Adani Enterprises Ltd.The ministry’s order names journalists, media houses, and creators — including Newslaundry, Ravish Kumar, Dhruv Rathee, The Wire, HW News Network, and Aakash Banerjee’s The Deshbhakt — who have received a list of 138 YouTube video URLs and 83 Instagram links to be taken down.

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