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Tripura Violence: UAPA on SC lawyers, who went Agartala to find facts https://groundreport.in/tripura-violence-fact-finding-supreme-court-lawyers-facing-uapa-charges/ Wahid Bhat November 4, 2021

His report was released on Tuesday at the Press Club of India in Delhi. The team that released the report on Tuesday suggested that the BJP government in Tripura could have thwarted the pre-planned violence against Muslim minorities if it wanted, but it allegedly gave a free hand to the Hindu mob.

Fact finding report on violence

In a report prepared by an investigation team of Supreme Court lawyers and human rights organizations on Tripura violence, it has been found that Muslims were attacked at 51 places in Tripura and 12 mosques were vandalized and damaged.

PUCL Press Statement  05th November, 2021

The PUCL strongly condemns the Tripura Police for registering a FIR dated 03rd  November, 2021 under the UAPA and other draconian provision of the IPC against a team of  advocates from Delhi, the “Lawyers for Democracy”, for conducting a Fact Finding Enquiry into communal violence incidents in Tripura in mid-end October, 2021. It is clear that the police have invoked the draconian provisions of UAPA law only because of the findings of the FFT that the large scale violence which destroyed numerous homes, shops, mosques and other properties of Muslims in many towns in Tripura was the result of orchestrated violence unleashed by Hindu majoritarian groupslike the VHP and HJM, against minority Muslims with the tacit connivance and conscious abdication of their duties by the Tripura police.
What is most shocking is that the West Agartala Police Station has sent a notice u/s 41 A of the Criminal Procedure Code to Advocates Mukesh, National Co-Convener, AILAJ and member of PUCL- Delhi and Advocate Ansar Indori of the National Confederation of Human RightsOrganizations (NCHRO)imputing that it was their social media posts, statements and Report which were responsible for“promoting enmity between religious groups as well as provoking people of different religious communities to commit breach of peace”.

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Defence lawyer Madhuvan Dutt Chaturvedi says Kappan's custody 'illegal' https://www.youtube.com/watch?v=4jtJ7DEZN0A

It's been more than a year since 42-year-old #SiddiqueKappan, a freelance journalist based in Kerala, has been behind bars in UP's Mathura district. Kappan was on his way to #Hathras to cover the gangrape of a Dalit woman when he was arrested by the UP police. Eight persons including Kappan have been booked under the #UAPA, IT Act and other IPC provisions related to sedition, promoting enmity and outraging religious feelings.

In an interview with Newslaundry, Kappan's defense lawyer, Madhuvan Dutt Chaturvedi said that Kappan's custody is illegal since the investigation agency didn't have the requisite sanction for UAPA offences.

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”.