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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।

Bombay High Court Acquits Professor GN Saibaba & 5 Others In UAPA Case Over Alleged Maoist Links LIVELAW NEWS NETWORK 14 Oct 2022 https://www.livelaw.in/top-stories/bombay-high-court-acquits-professor-gn-saibaba-5-others-in-uapa-case-over-alleged-maoist-links-211623  The Court has allowed their appeals against conviction and life sentence imposed under the anti-terror law UAPA.  One of the accused, Pandu Pora Narote, died in August 2022. Mahesh Tirki, Hem Keshwdatta Mishra, Prashant Rahi and Vijay Nan Tirki are the other accussed

CONCLUSIONS :
We record our conclusions thus :
(i) In view of the findings recorded by us, we hold that the proceedings in Sessions Trials 30/2014 and 130/2015 are null and void in the absence of valid sanction under Section 45(1) of the UAPA, and the common judgment impugned is liable to be set aside, which we do order.
(ii) We are conscious of the demise of accused 2-Pandu Pora Narote during the pendency of the appeal. We are of the considered view, that in view of the decision of the Hon’ble Supreme Court in Ramesan (Dead) through LR. Girija  71 , which is rendered on the anvil of the provisions of Section 394 of the Code of 1973, appeal preferred by accused 2-Pandu Pora Narote does not abate.
(iii) The prosecution did submit that if the appeal is decided, not on merits, but only on the point of sanction, we may grant liberty to the prosecution to obtain proper sanction and try the accused. In view of the well entrenched position of law, that the rule against double jeopardy has no application if the trial is held vitiated due to invalidity or absence of sanction, we see no reason to dilate any further on the
said submission.

Post by Meena:  .. All were accused u/various sections of the UAPA, 120(B) and others. They were convicted in March 2017 by the sessions court in Nagpur. We need to celebrate this judgement. Kudos to the judges of the Bombay High Court today. Sad that Pandu Narote died in August. He would have been a free bird too. The judges were BR Deo and Anil Lakshman Pansare, this was an appeal of 2017, a case of Gadchiroli.  We hope that the Maharashtra Police does not get a stay on the acquittal.

Academic GN Saibaba To Stay In Jail, Rules Supreme Court https://www.youtube.com/watch?v=A3P8xIrRHoU  Oct 15, 2022 GN Saibaba, the former Delhi University professor who is serving a life term for Maoist links, will continue to remain in jail, the Supreme Court said today, suspending the Bombay High Court order on his acquittal. The top court also issued notice to the accused on Maharashtra government's plea challenging the High Court and listed the matter for hearing on December 8.

https://www.livelaw.in/top-stories/prof-gn-saibaba-delhi-uni-supreme-court-bombay-hc-acquittal-suspended-uapa-sanction-211735 Justice Trivedi pointed that as per Section 386 CrPC, appellate court can acquit only after reversing the findings of the trial court. (In this case, the accused was discharged on the basis of sanction, without going into merits).

Saibaba's lawyers had argued.. "We have argued on full on merits. High Court only considers one aspect (of sanction). Kindly see my plight, our incarceration will be prolonged,"  Court:  " You may have argued everything, but can the benefit of the mistake committed by the HC be given to the accused?"

"Brain is most dangerous" I Wheelchair bound Saibaba to stay in Jail for Maoist Links I Barkha Dutt https://www.youtube.com/watch?v=pOsTAC2pvXM 
 Supreme Court has suspended the Bombay High Court's order discharging former Delhi University professor G N Saibaba and five others in alleged Maoist link case. On Friday, the High Court had allowed their appeals against conviction and life sentence.

Barkha Dutt speaks to Mihir Desai https://youtu.be/pOsTAC2pvXM?t=191, conditions of prisons https://youtu.be/pOsTAC2pvXM?t=1119

Operation of the Naxals still active, PK Jain https://youtu.be/pOsTAC2pvXM?t=326, 

Immediate saturday hearing? Surprised ..Chitranshul Sinha   https://youtu.be/pOsTAC2pvXM?t=580 

Shashank Shekhar Jha, why Saturday? Soveriegnity perhaps,  https://youtu.be/pOsTAC2pvXM?t=779 

Will Matthews , https://youtu.be/pOsTAC2pvXM?t=955   UAPA issue: 72% increase in cases.. Article 21 v/s state. No person shall be deprived of the freedom except under under procedure..