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..
Why the Supreme Court must repeal Sedition Law by Mihir Desai https://www.theleaflet.in/why-the-supreme-court-must-repeal-sedition-law/ the judgment not only refuses to grant the second prayer praying guidelines for lodging sedition FIRs against journalists, it goes on and shuts the door for any guidelines to be issued for regulating the filing and prosecution of cases of sedition against journalists or others.
What is interesting is that while the courts in many cases have given a narrow interpretation to the provision of sedition, granted both anticipatory and regular bails, and quashed FIRs, this has not stopped the police from filing FIRs on totally frivolous complaints and at times arresting those accused, including young students, journalists, tribal activists and similar other dissenters. The law of sedition has been utterly misused across the board, causing a substantial chilling effect. Those who are prominent and have the resources are able even to approach the Supreme Court directly but many others have to spend time in jail or in hiding, affecting their families, jobs, careers and studies. As it is, courts are not easily accessible for many poor persons. Additionally, charges of sedition are usually clubbed with UAPA offences or with other special laws, complicating the matter.
The extreme misuse and abuse of sedition law to muzzle dissent can no more be softened through reading down, issuing guidelines, or appealing to the police. It was an unconstitutional law and continues to be so today. It is anti-democratic, and against the freedom of speech and expression. It is being used to infringe upon the right to life and personal liberty. It is high time that it is junked. The Parliament will not do this: there are too many political benefits for the ruling political party, and even the opposition parties tend to use it when they get the opportunity. The Supreme Court should therefore stand tall and put the section where it belongs: into the dustbin of history.
Why, despite SC’s Vinod Dua ruling, dissenting journalists won’t be safe. https://www.newslaundry.com/2021/06/10/why-despite-scs-vinod-dua-ruling-dissenting-journalists-wont-be-safe By Kalpana Sharma 10 Jun, 2021
Sedition law has no place in a democratic society https://www.theleaflet.in/sedition-law-has-no-place-in-a-democratic-society/ by Amritananda Chakravorty February 12, 2020 As long as undemocratic laws like sedition remain on statute books they will be misused. In light of the legal principles mentioned above, it is very clear that in each of the recent three cases of alleged sedition, the police has not bothered either about the law or about the facts of the case. To arrest 50 TISS students for raising slogans supporting Sharjeel or to charge the teacher and a mother of a child for a play with alleged insulting remarks against the Prime Minister with the charge of sedition remain the most grotesque examples of the police acting on behalf of the fascist regime. https://www.theleaflet.in/sedition-law-has-no-place-in-a-democratic-society/
The Supreme Court, in 'Vinod Dua', has held that every journalist is entitled to protection from sedition as defined in the Kedar Nath judgment. A national consensus on the removal of the provision is called for. by Faizan Mustafa June 4, 2021 https://indianexpress.com/article/opinion/columns/supreme-court-sedition-law-vinod-dua-case-modi-govt-freedom-of-press-7343120/
In the last seven years, an extreme nationalist ideology actively supported by pliant journalists repeatedly used aggressive nationalism to suppress dissent, mock liberals and civil libertarians and several governments routinely invoked Section 124-A that penalises sedition. the constitutional law expert points out that according to data from the National Crimes Record Bureau, "between 2016 to 2019, there has been a whopping 160 per cent increase in the filing of sedition charges with a conviction rate of just 3.3 per cent. Of the 96 people charged in 2019, only two could be convicted”. These figures are more proof of how the provision is used for harassment even though the chances of conviction are slim.
Why does India still have a colonial sedition law? | NL Cheatsheet What is sedition? When can it be applied? And what is the Kedar Nath Singh judgement the court mentioned in its ruling on Dua's case all about? Meghnad S explains. https://youtube.com/embed/rdu4uVabmhg?startt=220&end=645
‘Release Political Prisoners’: The Quint Reads Umar Khalid’s Letter From Tihar Jail https://www.youtube.com/watch?v=JrYTpeGjfNg
On Anxiety, Family And Bail: Umar Khalid Writes From Tihar Jail https://www.thequint.com/news/india/umar-khalid-letter-from-tihar-jail-covid-natasha-narwal-bail
Speaking about the harshness of the anti-terror law, he says, “As a law, the UAPA makes a mockery of the Supreme Court’s observation that bail is the rule and jail an exception. For all effective purposes, the UAPA turns this principle on its head by requiring an accused person to prove their innocence and thereby proceeding on a presumption of guilt, even in order to grant bail. That too, without the benefit of a trial.
He goes on to talk about how 16 of those arrested under the conspiracy FIR 59 over the NE Delhi violence have got no chance to prove their innocence since the last 14 months. The trial has not begun and the “pandemic will only further delay the proceedings”.
क्या अदालतें ख़ुद को अपनी ही लगाई ग़ैर ज़रूरी बंदिशों से आज़ाद कर पाएंगी By अपूर्वानंद on 29/05/2021 http://thewirehindi.com/171223/india-political-prisoners-courts-police-governments/
The law says that the accused cannot be granted bail if there is a valid or sound reason or basis for which it can be said that in the first view, the charges against him are true.
But in the case of Zahoor Ali Shah Vatali, the Supreme Court made a peculiar interpretation of it. He said that the court will believe that the police documents are correct. Not only this, she cannot even investigate whether they are worthy of confession as evidence or not. They have to believe that they are fit.... In this way, the Supreme Court itself in a way indicated to the investigating agencies and the government that it can destroy its opponent in jail under this law without any solid basis.
With the help of this order of the Supreme Court or on the basis of this, 16 and 22 people have been given more than 3 years and more than 1 year in the name of investigation in the Bhima Koregaon case and the violence in Delhi.
Comment: Even the arsenal Report which showed that evidence used to show conspiracy, was planted in the computers of accused did not seem to shake the court..
Bhima Koregaon; evidence was planted in Rona Wilson’s laptop: Report https://maktoobmedia.com/2021/02/10/bhima-koregaon-evidence-was-planted-in-rona-wilsons-laptop-report/ Maktoob Staff
https://www.rediff.com/news/special/bhima-koregaon-hope-and-despair-for-accused/20210212.htm
- what are frontal organisations? who decides? and Judges?
- Amnesty ?
- Modi Is Worsening the Suffering from India’s Pandemic
- Increasing Use of UAPA by Indian Government
- Family Members of accused in the Elgar Parishad case
- Andhra Arrests MP For Sedition After He Says 'Cancel Chief Minister's Bail'
- National Security Act NSA
- UAPA
- Ilina Sen on Sedition Law
- The Book: The Incarcerations - Bhima Koregaon and the the Search for Democracy in India by Alpa Shah
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