News Analysis India

Tag: UAPA

  • NewsClick founder Purkayastha, HR head Chakravarty sent to 10-day judicial custody

    Express News Service

    NEW DELHI: A city court on Tuesday sent NewsClick founder and editor Prabir Purkayastha and human resources department head Amit Chakravarty to 10-day judicial custody under the Unlawful Activities (Prevention) Act (UAPA) case slapped by Delhi Police allegedly connected to a case of funding to the latter’s news portal for “spreading” pro-China propaganda.

    As the Police pressed for the accused persons’ judicial custody for 10 days before Additional Sessions Judge (ASJ) Hardeep Kaur, Purkayastha’s counsel Arshdeep Khurana vehemently opposed the Delhi Police’s charges, asking how his client as a journalist doing a critical or impartial act of journalism about the government can become any of the unlawful activities.

    The counsel argued that all the journalistic works of his client are in the public domain.He submitted that there is no allegation that they “used bombs, dynamite or any other explosive substance,” as there is a requirement of a ‘terrorist act’ under 16, 17 and 18 of the UAPA act.Khurana also argued that not a penny has come from China as fund as the police claimed while terming the FIR as “absurd.””There is no such allegation that there is a map of India, published by NewsClick, that shows India without Kashmir and Arunachal Pradesh,” he said.On the other hand, Additional Public Prosecutor (APP) Atul Srivastava opposed the argument saying the accused persons were not merely criticising the government but propagating the propaganda of a country that is inimical to us.APP also argued that the case was at a stage when evidence was still being collected, and the prosecution sought judicial custody for the accused in all ”fairness”. Chakraborty’s counsel submitted that his client is only an HR head and not involved in the publication of any news on the website.

    Notably, the Delhi High Court on Friday reserved its order on the pleas moved by Purkayastha and Chakraborty challenging their arrest, remand, and the FIR registered under UAPA.Senior Advocate Kapil Sibal, who appeared for Purkayastha had informed the high court that Delhi police has till now not provided him with the grounds for arrest.The arrest of NewsClick founder Purkayastha and HR chief Chakraborty on October 3 comes after the Delhi Police searched 30 locations connected with the online news portal and its journalists in a case filed under the anti-terror law UAPA following allegations that it received money for pro-China propaganda.According to the FIR, a large amount of funds to the news portal came from China to “disrupt the sovereignty of India” and cause disaffection against the country.

    NEW DELHI: A city court on Tuesday sent NewsClick founder and editor Prabir Purkayastha and human resources department head Amit Chakravarty to 10-day judicial custody under the Unlawful Activities (Prevention) Act (UAPA) case slapped by Delhi Police allegedly connected to a case of funding to the latter’s news portal for “spreading” pro-China propaganda.

    As the Police pressed for the accused persons’ judicial custody for 10 days before Additional Sessions Judge (ASJ) Hardeep Kaur, Purkayastha’s counsel Arshdeep Khurana vehemently opposed the Delhi Police’s charges, asking how his client as a journalist doing a critical or impartial act of journalism about the government can become any of the unlawful activities.

    The counsel argued that all the journalistic works of his client are in the public domain.He submitted that there is no allegation that they “used bombs, dynamite or any other explosive substance,” as there is a requirement of a ‘terrorist act’ under 16, 17 and 18 of the UAPA act.Khurana also argued that not a penny has come from China as fund as the police claimed while terming the FIR as “absurd.””There is no such allegation that there is a map of India, published by NewsClick, that shows India without Kashmir and Arunachal Pradesh,” he said.On the other hand, Additional Public Prosecutor (APP) Atul Srivastava opposed the argument saying the accused persons were not merely criticising the government but propagating the propaganda of a country that is inimical to us.
    APP also argued that the case was at a stage when evidence was still being collected, and the prosecution sought judicial custody for the accused in all ”fairness”. Chakraborty’s counsel submitted that his client is only an HR head and not involved in the publication of any news on the website.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Notably, the Delhi High Court on Friday reserved its order on the pleas moved by Purkayastha and Chakraborty challenging their arrest, remand, and the FIR registered under UAPA.Senior Advocate Kapil Sibal, who appeared for Purkayastha had informed the high court that Delhi police has till now not provided him with the grounds for arrest.The arrest of NewsClick founder Purkayastha and HR chief Chakraborty on October 3 comes after the Delhi Police searched 30 locations connected with the online news portal and its journalists in a case filed under the anti-terror law UAPA following allegations that it received money for pro-China propaganda.According to the FIR, a large amount of funds to the news portal came from China to “disrupt the sovereignty of India” and cause disaffection against the country.

  • Delhi Police seize laptops, mobile of journalists

    By Express News Service

    The Special Cell of the Delhi Police on Tuesday morning conducted raids and seized laptops and mobile phones from journalists associated with the news portal NewsClick.

    According to official sources, the Special Cell has registered a case in the matter under the stringent Unlawful Activities (Prevention) Act (UAPA).

    UAPA is a law designed to be used against terrorisit organization, and enables authorities to detain suspects for up to six months without filing chargesheet. They can also keep suspects in police custody for up to 30 days.

    Authoritiies have previously indicated that they suspect the owners of the portal to have received money from Chinese sources to fund the daily operations of the organization.

    At the same time, it is unusual for journalists of an organization to be raided in a case involving financial mismanagement by the owners or the parent company.

    In today’s raid, the journalists have been questioned and their mobile and laptops were seized by the cops. However, no arrests have been made so far.

    Senior Journalist Abhisar Sharma took to social media to inform about the raid being conducted at his residence.

    “Delhi police landed at my home. Taking away my laptop and Phone…,” Sharma wrote on X, formerly Twitter.

    Sources confirmed to the New Indian Express that searches are being made at around a dozen locations, including the office of NewsClick.On August 5, The New York Times published a report titled “A Global Web of Chinese Propaganda Leads to a US Tech Mogul” which claimed that the news portal NewsClick was part of a global network that received funding from American millionaire Neville Roy Singham, who allegedly works closely with the Chinese government media.

    Referring to the NYT report, Union Information and Broadcasting Minister Anurag Singh Thakur had alleged that the Congress, China and NewsClick are attached to an ‘anti-India umbilical cord’ and the agenda of the Communist Party of China is being pushed through the website.

    Following the NYT report, the NewsClick had also issued a statement two days later and claimed that the allegations were made against it “are unfounded and without basis in fact or law.”

    The Special Cell of the Delhi Police on Tuesday morning conducted raids and seized laptops and mobile phones from journalists associated with the news portal NewsClick.

    According to official sources, the Special Cell has registered a case in the matter under the stringent Unlawful Activities (Prevention) Act (UAPA).

    UAPA is a law designed to be used against terrorisit organization, and enables authorities to detain suspects for up to six months without filing chargesheet. They can also keep suspects in police custody for up to 30 days.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Authoritiies have previously indicated that they suspect the owners of the portal to have received money from Chinese sources to fund the daily operations of the organization.

    At the same time, it is unusual for journalists of an organization to be raided in a case involving financial mismanagement by the owners or the parent company.

    In today’s raid, the journalists have been questioned and their mobile and laptops were seized by the cops. However, no arrests have been made so far.

    Senior Journalist Abhisar Sharma took to social media to inform about the raid being conducted at his residence.

    “Delhi police landed at my home. Taking away my laptop and Phone…,” Sharma wrote on X, formerly Twitter.

    Sources confirmed to the New Indian Express that searches are being made at around a dozen locations, including the office of NewsClick.
    On August 5, The New York Times published a report titled “A Global Web of Chinese Propaganda Leads to a US Tech Mogul” which claimed that the news portal NewsClick was part of a global network that received funding from American millionaire Neville Roy Singham, who allegedly works closely with the Chinese government media.

    Referring to the NYT report, Union Information and Broadcasting Minister Anurag Singh Thakur had alleged that the Congress, China and NewsClick are attached to an ‘anti-India umbilical cord’ and the agenda of the Communist Party of China is being pushed through the website.

    Following the NYT report, the NewsClick had also issued a statement two days later and claimed that the allegations were made against it “are unfounded and without basis in fact or law.”

  • Legislative & intel steps curbed terror: Amit Shah

    Express News Service

    NEW DELHI:  Recognising that the “problem” of terror financing has become “widespread”, Union Home Minister Amit Shah said on Friday that strong legislative and technological and comprehensive monitoring frameworks and a mechanism for actionable intelligence sharing helped India crackdown on the phenomenon. 

    Chairing the first session of the third ‘No Money for Terror’ ministerial conference, Shah said that strengthening the investigation and police operations, the provision for confiscation of property, preventing the misuse of legal entities and new technologies and international cooperation and coordination had also helped thwart terror financing.

    Claiming that amending the Unlawful Activities Prevention Act (UAPA), enhancing the NIA’s powers and “giving a new direction to financial intelligence” had strengthened India’s fight against terrorism, Shah said these measures have contributed to the drastic reduction in incidents and economic losses. 

    Shah said while terrorism was, undoubtedly, the most serious threat to global peace and security, its financing was more dangerous as the ‘means and methods were nurtured by such funding. Besides, he said, the financing of terrorism weakens the economies of the world. The session’s theme was on ‘Global Trends in Terrorist Financing and Terrorism’.

    Pointing out that India condemns terrorism in all its forms and manifestations, Shah said that no reason can justify taking innocent lives. Expressing his sympathy for terror attack victims across the world, Shah said no compromise could be made with this evil.

    Holding that India has been a victim of cross-border terrorism for several decades, Shah said that Indian security forces and civilians have had to deal with terrorist violence perpetrated and sustained in a coordinated manner. Even as the international community’s collective approach condemns terrorism in all its forms, the forms and manifestations of terrorism were continuously evolving due to technological revolution, Shah said.

    According to Shah, terrorists and terror groups understand the nuances of modern weapons and information technology, besides the dynamics of cyber and financial space which they use very well. This transformation of terrorism from “Dynamite to Metaverse” and “AK-47 to Virtual Assets”, Shah said, was definitely a matter of global concern and for which a common strategy needed to be formulated. However, Shah said that the terror threat “cannot and should not be linked to any religion, nationality or group”.Maintaining that India has made significant progress in fortifying the security architecture, besides the legal and financial systems”, Shah said terrorists were yet constantly finding new ways to carry out violence, radicalise the youth and raise funding.

    Disclosing that the ‘Dark Net’ was being used by terrorists to disseminate radical content by concealing their identities, the home minister said there was an increase in the use of virtual assets like cryptocurrency. There was a need to understand the patterns on such Dark Net activities and find solutions, he said. Emphasising that some countries were seeking to undermine and hinder India’s collective resolve to fight terror, Shah said that these states protect and shelter terrorists which was no less than promoting terrorism. He said that member states’ collective responsibility should ensure “such elements never succeed in their intentions”.

    Indicating that the regime change in Afghanistan in August 2021 had caused the “growing influence of Al Qaeda and ISIS” which have emerged as a significant challenge to regional security, Shah said that the “new equations have made the problem of terror financing more serious”.

    NEW DELHI:  Recognising that the “problem” of terror financing has become “widespread”, Union Home Minister Amit Shah said on Friday that strong legislative and technological and comprehensive monitoring frameworks and a mechanism for actionable intelligence sharing helped India crackdown on the phenomenon. 

    Chairing the first session of the third ‘No Money for Terror’ ministerial conference, Shah said that strengthening the investigation and police operations, the provision for confiscation of property, preventing the misuse of legal entities and new technologies and international cooperation and coordination had also helped thwart terror financing.

    Claiming that amending the Unlawful Activities Prevention Act (UAPA), enhancing the NIA’s powers and “giving a new direction to financial intelligence” had strengthened India’s fight against terrorism, Shah said these measures have contributed to the drastic reduction in incidents and economic losses. 

    Shah said while terrorism was, undoubtedly, the most serious threat to global peace and security, its financing was more dangerous as the ‘means and methods were nurtured by such funding. Besides, he said, the financing of terrorism weakens the economies of the world. The session’s theme was on ‘Global Trends in Terrorist Financing and Terrorism’.

    Pointing out that India condemns terrorism in all its forms and manifestations, Shah said that no reason can justify taking innocent lives. Expressing his sympathy for terror attack victims across the world, Shah said no compromise could be made with this evil.

    Holding that India has been a victim of cross-border terrorism for several decades, Shah said that Indian security forces and civilians have had to deal with terrorist violence perpetrated and sustained in a coordinated manner. Even as the international community’s collective approach condemns terrorism in all its forms, the forms and manifestations of terrorism were continuously evolving due to technological revolution, Shah said.

    According to Shah, terrorists and terror groups understand the nuances of modern weapons and information technology, besides the dynamics of cyber and financial space which they use very well. This transformation of terrorism from “Dynamite to Metaverse” and “AK-47 to Virtual Assets”, Shah said, was definitely a matter of global concern and for which a common strategy needed to be formulated. However, Shah said that the terror threat “cannot and should not be linked to any religion, nationality or group”.
    Maintaining that India has made significant progress in fortifying the security architecture, besides the legal and financial systems”, Shah said terrorists were yet constantly finding new ways to carry out violence, radicalise the youth and raise funding.

    Disclosing that the ‘Dark Net’ was being used by terrorists to disseminate radical content by concealing their identities, the home minister said there was an increase in the use of virtual assets like cryptocurrency. There was a need to understand the patterns on such Dark Net activities and find solutions, he said. Emphasising that some countries were seeking to undermine and hinder India’s collective resolve to fight terror, Shah said that these states protect and shelter terrorists which was no less than promoting terrorism. He said that member states’ collective responsibility should ensure “such elements never succeed in their intentions”.

    Indicating that the regime change in Afghanistan in August 2021 had caused the “growing influence of Al Qaeda and ISIS” which have emerged as a significant challenge to regional security, Shah said that the “new equations have made the problem of terror financing more serious”.

  • UAPA charges against arrested PFI men in Bihar

    Express News Service

    PATNA: Bihar government has initiated action against members of the radical Islamic organisation, Popular Front of India (PFI) and its affiliates following a directive from the Union Home Ministry. The Centre has already banned PFI for its alleged involvement in unlawful activities, which were prejudicial to the integrity, sovereignty and security of the country. However, the state government has initiated action under provisions of Unlawful Activities (Prevention) Act (UAPA) 1967.

    According to sources, Bihar home department has asked the District Magistrate (DMs) to take action against seven PFI suspects on the basis of inputs provided by the Union Home Ministry.  The Union Home Ministry had written to state home secretary Amir Subhani for providing names, details of bank accounts and PAN numbers of the members.

    Later, special secretary (home department) KS Anupam asked all district magistrates to initiate action against PFI suspects on the basis of these inputs. The Union Home Ministry’s undersecretary SP Choudhary had earlier sent the details of seven PFI suspects to the state chief secretary of Bihar Subhani, who subsequently asked the authorities concerned to book the seven suspects under UAPA.

    Among seven suspects, four are from Darbhanga and one each from Araria, Sitamarhi and Madhubani. The PFI suspects have their bank accounts in these districts. “We have received a communique from the state home department to tighten the noose around PFI activists and its affiliates.

    The inputs have been shared with SP asking him to take action accordingly,” said Araria DM Inayat Khan. NIA had conducted raids at the PFI members in Phulwarisharif locality in the state capital in September and arrested its three members.

    Seven suspectsThe DMs have been asked to take concrete step against PFI and its affiliates under Unlawful (Prevention) Activities Act. Among seven suspects, four are from Darbhanga and one each from Araria, Sitamarhi and Madhubani. 

    PATNA: Bihar government has initiated action against members of the radical Islamic organisation, Popular Front of India (PFI) and its affiliates following a directive from the Union Home Ministry. The Centre has already banned PFI for its alleged involvement in unlawful activities, which were prejudicial to the integrity, sovereignty and security of the country. However, the state government has initiated action under provisions of Unlawful Activities (Prevention) Act (UAPA) 1967.

    According to sources, Bihar home department has asked the District Magistrate (DMs) to take action against seven PFI suspects on the basis of inputs provided by the Union Home Ministry.  The Union Home Ministry had written to state home secretary Amir Subhani for providing names, details of bank accounts and PAN numbers of the members.

    Later, special secretary (home department) KS Anupam asked all district magistrates to initiate action against PFI suspects on the basis of these inputs. The Union Home Ministry’s undersecretary SP Choudhary had earlier sent the details of seven PFI suspects to the state chief secretary of Bihar Subhani, who subsequently asked the authorities concerned to book the seven suspects under UAPA.

    Among seven suspects, four are from Darbhanga and one each from Araria, Sitamarhi and Madhubani. The PFI suspects have their bank accounts in these districts. “We have received a communique from the state home department to tighten the noose around PFI activists and its affiliates.

    The inputs have been shared with SP asking him to take action accordingly,” said Araria DM Inayat Khan. NIA had conducted raids at the PFI members in Phulwarisharif locality in the state capital in September and arrested its three members.

    Seven suspects
    The DMs have been asked to take concrete step against PFI and its affiliates under Unlawful (Prevention) Activities Act. Among seven suspects, four are from Darbhanga and one each from Araria, Sitamarhi and Madhubani. 

  • Antilia case-Hiran murder: Court rejects former cop’s plea; says his involvement prima facie ‘clearly seen’

    By PTI

    MUMBAI: A special NIA court here has rejected the discharge plea of former police officer Sunil Mane in the Antilia bomb scare case and the subsequent murder of Thane businessman Mansukh Hiran, saying that prima-facie his involvement is clearly seen in the case.

    Special court judge A M Patil rejected Mane’s discharge application on Thursday. The detailed order was made available on Friday.

    Mane was arrested by the National Investigation Agency (NIA) in April 2021 for his alleged role in the case.

    However, in his discharge plea filed before the court, the accused claimed that he was nowhere connected to the theft of Mansukh Hiran’s vehicle on February 25, 2021 or placing of explosives near businessman Mukesh Ambani’s residence.

    He further contended that former police officers Sachin Waze, prime accused in the case, and Pradeep Sharma, had hatched a conspiracy to kill Hiran with other accused and till this stage, this applicant (Mane) was not in the picture.

    As per the charge-sheet, it is clear that the applicant has not committed any offence under the Unlawful Activities (Prevention) Act (UAPA) and therefore, he is entitled for discharge of the offence under the provisions of anti-terror act and for default bail in the offence of Indian Penal Code (IPC), Mane’s plea said.

    On the other hand, the NIA submitted that Waze had induced Hiran to place an explosive-laden SUV on Carmichael Road (near Ambani’s residence) and tried to convince him to accept the responsibility for placing the same.

    When Hiran refused to accept, Waze hatched a conspiracy to kill him through accused Pradeep Sharma and Mane with the help of hired killers, the probe agency claimed.

    It further contended that this applicant entered into a “well-organised conspiracy” headed by Waze for the murder of Hiran, which was a direct outcome of terrorist act committed by Waze and others.

    The court, upon perusal of statements of witnesses, said, “It is clear that prima-facie involvement of this applicant is seen in this case.”

     It is also seen that prosecution has material to prove conspiracy between the accused and its culmination in the murder of Hiran by Waze, along with the co-accused including the applicant, the court held.

    Apart from the statements of witnesses, the prosecution has incriminating evidence, such as call detail records of mobile phone used by the accused (Mane), the court added.

    It is also seen from the charge-sheet that Hiran was killed by the accused because of the crime dated February 25, 2021.

    It is the basic story of prosecution that the act of parking the explosives-laden vehicle of Hiran and thereafter his murder was a well-planned act involving high-end criminal conspiracy, which was executed by the accused with an intent to strike terror, the court said.

    The judge said that it is seen from the prosecution story that the said act of the accused is “nothing but a terrorist act”.

    Lastly, the court ruled that the act of Mane cannot be segregated at this juncture.

    “Without leading evidence, it cannot be concluded that applicant number 5 (Mane) had no knowledge about the act of other accused in respect of the incident dated 25, 2021,” the court noted.

    The NIA, probing the case, has arrested 10 people, including Waze, Sharma and Mane, in connection with the February 25, 2021 incident when an explosives laden vehicle was found parked near ‘Antilia’, Ambani’s residence.

    Hiran was found dead a few days later in neighbouring Thane.

    MUMBAI: A special NIA court here has rejected the discharge plea of former police officer Sunil Mane in the Antilia bomb scare case and the subsequent murder of Thane businessman Mansukh Hiran, saying that prima-facie his involvement is clearly seen in the case.

    Special court judge A M Patil rejected Mane’s discharge application on Thursday. The detailed order was made available on Friday.

    Mane was arrested by the National Investigation Agency (NIA) in April 2021 for his alleged role in the case.

    However, in his discharge plea filed before the court, the accused claimed that he was nowhere connected to the theft of Mansukh Hiran’s vehicle on February 25, 2021 or placing of explosives near businessman Mukesh Ambani’s residence.

    He further contended that former police officers Sachin Waze, prime accused in the case, and Pradeep Sharma, had hatched a conspiracy to kill Hiran with other accused and till this stage, this applicant (Mane) was not in the picture.

    As per the charge-sheet, it is clear that the applicant has not committed any offence under the Unlawful Activities (Prevention) Act (UAPA) and therefore, he is entitled for discharge of the offence under the provisions of anti-terror act and for default bail in the offence of Indian Penal Code (IPC), Mane’s plea said.

    On the other hand, the NIA submitted that Waze had induced Hiran to place an explosive-laden SUV on Carmichael Road (near Ambani’s residence) and tried to convince him to accept the responsibility for placing the same.

    When Hiran refused to accept, Waze hatched a conspiracy to kill him through accused Pradeep Sharma and Mane with the help of hired killers, the probe agency claimed.

    It further contended that this applicant entered into a “well-organised conspiracy” headed by Waze for the murder of Hiran, which was a direct outcome of terrorist act committed by Waze and others.

    The court, upon perusal of statements of witnesses, said, “It is clear that prima-facie involvement of this applicant is seen in this case.”

     It is also seen that prosecution has material to prove conspiracy between the accused and its culmination in the murder of Hiran by Waze, along with the co-accused including the applicant, the court held.

    Apart from the statements of witnesses, the prosecution has incriminating evidence, such as call detail records of mobile phone used by the accused (Mane), the court added.

    It is also seen from the charge-sheet that Hiran was killed by the accused because of the crime dated February 25, 2021.

    It is the basic story of prosecution that the act of parking the explosives-laden vehicle of Hiran and thereafter his murder was a well-planned act involving high-end criminal conspiracy, which was executed by the accused with an intent to strike terror, the court said.

    The judge said that it is seen from the prosecution story that the said act of the accused is “nothing but a terrorist act”.

    Lastly, the court ruled that the act of Mane cannot be segregated at this juncture.

    “Without leading evidence, it cannot be concluded that applicant number 5 (Mane) had no knowledge about the act of other accused in respect of the incident dated 25, 2021,” the court noted.

    The NIA, probing the case, has arrested 10 people, including Waze, Sharma and Mane, in connection with the February 25, 2021 incident when an explosives laden vehicle was found parked near ‘Antilia’, Ambani’s residence.

    Hiran was found dead a few days later in neighbouring Thane.

  • Hate speech: Supreme Court notice to Centre in plea seeking action against leaders 

    Express News Service

    NEW DELHI: The Supreme Court on Thursday issued notice to the Centre in a petition filed by Shaheen Abdullah seeking action under penal statutes & UAPA against speakers involved in delivering provocative speeches targetting the Muslim community as well as organisations providing platforms to such speakers.

    A bench of Justices Ajay Rastogi and CT Ravikumar tagged Abdullah’s petition which also sought an independent probe into the incidents of hate speech and hate crimes against the Muslim community with the batch of pleas seeking to curb hate speech. 

    Urging the bench to take action against the leaders involved in such speeches, senior advocate Kapil Sibal said, “Something needs to be done. If courts also do not do anything then God will save this country.” Taking exception to Sibal’s remarks, Justice Rastogi said, “do not take our institutions or this country for granted”. It (hate speeches) will go on. Adding that the court can take cognisance against individuals upon registration of FIR, the bench termed the reliefs sought in the plea as vague. 

    The petition had argued that despite the fact that the court was cognisant of the genocidal speeches and hate crimes against Muslims made at several events and passing several orders directing the concerned authorities to take appropriate action, the circumstances of the country only seemed to be worsening with the growing radicalisation of the Hindu community and the propagation of widespread hate against Muslims.

    “Action seems to be forthcoming against the speakers or the parties that organise such events where genocidal and hateful speeches are delivered. In most cases, minimal action of merely registering FIRs and that too under lesser offences is the only thing that is done by the authorities which seems to be more of a formality than any genuine initiation of the criminal machinery.

    The Government also refrains from publicly condemning the growing incidents of verbal and physical assault against Muslims across the country, despite being the guardian of all the citizens of this country,” the petition stated. The bench on September 21 had asked the Modi government to indicate within two weeks its stand as to whether it intends to bring any law to curb the menace. 

    Also in top court

    Centre’s reply sought on feeding roomsThe Supreme Court on Thursday sought the Centre’s response in a petition seeking the construction of a feeding room, child care room and crèches for infants and mothers in public places. A bench of Justices Dinesh Maheshwari and JK Maheshwari while issuing notice remarked that the matter required serious consideration. It was argued in the petition that such facilities were important for protecting the fundamental rights of nursing mothers and infants. 

    20% quota in Maha medical seats upheldThe SC upheld the 20% in-service reservation granted by the Maharashtra government to officers in Post Graduate medical education in the state to be implemented from the year 2022-23. “In our considered view, the HC verdict does not call for interference,” the SC said.

    Hearing on Kerala student arrest todayThe SC agreed to hear on Friday the plea of a mother whose law student son has been detained under a Kerala law on the prevention of anti-social activities. ‘List it for tomorrow,’ a bench comprising Chief Justice Uday Umesh Lalit and Justice Bela M Trivedi said on Thursday. 

    NEW DELHI: The Supreme Court on Thursday issued notice to the Centre in a petition filed by Shaheen Abdullah seeking action under penal statutes & UAPA against speakers involved in delivering provocative speeches targetting the Muslim community as well as organisations providing platforms to such speakers.

    A bench of Justices Ajay Rastogi and CT Ravikumar tagged Abdullah’s petition which also sought an independent probe into the incidents of hate speech and hate crimes against the Muslim community with the batch of pleas seeking to curb hate speech. 

    Urging the bench to take action against the leaders involved in such speeches, senior advocate Kapil Sibal said, “Something needs to be done. If courts also do not do anything then God will save this country.” Taking exception to Sibal’s remarks, Justice Rastogi said, “do not take our institutions or this country for granted”. It (hate speeches) will go on. Adding that the court can take cognisance against individuals upon registration of FIR, the bench termed the reliefs sought in the plea as vague. 

    The petition had argued that despite the fact that the court was cognisant of the genocidal speeches and hate crimes against Muslims made at several events and passing several orders directing the concerned authorities to take appropriate action, the circumstances of the country only seemed to be worsening with the growing radicalisation of the Hindu community and the propagation of widespread hate against Muslims.

    “Action seems to be forthcoming against the speakers or the parties that organise such events where genocidal and hateful speeches are delivered. In most cases, minimal action of merely registering FIRs and that too under lesser offences is the only thing that is done by the authorities which seems to be more of a formality than any genuine initiation of the criminal machinery.

    The Government also refrains from publicly condemning the growing incidents of verbal and physical assault against Muslims across the country, despite being the guardian of all the citizens of this country,” the petition stated. The bench on September 21 had asked the Modi government to indicate within two weeks its stand as to whether it intends to bring any law to curb the menace. 

    Also in top court

    Centre’s reply sought on feeding rooms
    The Supreme Court on Thursday sought the Centre’s response in a petition seeking the construction of a feeding room, child care room and crèches for infants and mothers in public places. A bench of Justices Dinesh Maheshwari and JK Maheshwari while issuing notice remarked that the matter required serious consideration. It was argued in the petition that such facilities were important for protecting the fundamental rights of nursing mothers and infants. 

    20% quota in Maha medical seats upheld
    The SC upheld the 20% in-service reservation granted by the Maharashtra government to officers in Post Graduate medical education in the state to be implemented from the year 2022-23. “In our considered view, the HC verdict does not call for interference,” the SC said.

    Hearing on Kerala student arrest today
    The SC agreed to hear on Friday the plea of a mother whose law student son has been detained under a Kerala law on the prevention of anti-social activities. ‘List it for tomorrow,’ a bench comprising Chief Justice Uday Umesh Lalit and Justice Bela M Trivedi said on Thursday.
     

  • PFI man protesting denial of information on reasons for arrest gets FIR copy

    By PTI

    NEW DELHI: Copies of the FIR and arrest memo have been supplied to a man arrested during the massive crackdown on the Popular Front of India (PFI) before it was banned, the Delhi High Court was informed on Monday, days after the accused remonstrated the denial of information about the reasons for his arrest.

    The alleged (PFI) activist had moved the high court seeking a copy of the FIR registered against the members of the now outlawed organisation, the grounds for arrest of each of them, and the remand applications filed by the NIA for the custodial interrogation of the accused.

    Justice Anoop Kumar Mendiratta listed the matter for further hearing on November 11 as the counsel for the accused said the case is listed before the trial court later in the day and he expects the remand application to be provided to him as his NIA custody is likely to end.

    The counsel for Mohd Yusuff, who was arrested from his residence in Chennai on September 22 in the case lodged under the Unlawful Activities (Prevention) Act (UAPA), the stringent anti-terror law, also told the high court he has received a copy of the FIR after filing the petition and that the accused will get to know the reasons for his arrest from NIA’s remand application.

    “How will we move bail application when we do not know the case against us?” advocate Adit Pujari, appearing for Yusuff, said during arguments.

    The NIA’s counsel noted the grounds of arrest are also mentioned in the FIR and vehemently opposed the accused’s prayer for a copy of the remand application.

    “The remand application is akin to our case diary. The case is at an initial stage. We are keeping it confidential as it can hamper our investigation. The procedure is that they have to first move to the special court and then come to the high court,” the NIA counsel said.

    He said the remand application also contains what the agency is probing and, if supplied to the accused, it will prejudice the NIA’s case.

    A large number of alleged PFI activists were detained or arrested in several states during the massive raids preceding the nationwide ban imposed on the radical Islamist outfit on September 28.

    Petitioner Yusuff, who claims to be a practising advocate, had sought a direction to the NIA to provide him with a copy of the FIR lodged by the agency in Delhi on April 13, the documents listing the grounds of the arrest of each accused person and a copy of the remand applications filed by the NIA before the trial court.

    The petitioner said he was arrested around 3 AM on September 22 from his residence in Chennai by the NIA along with others, who all were picked up from different parts of the country and brought to the national capital in connection with the case lodged in Delhi.

    “At the time of his arrest, the respondent (NIA) did not communicate to the petitioner any particulars of the offence for which he has been arrested or any grounds of such arrest in clear violation of the statutory mandate provided under Section 50 of the Code of Criminal Procedure (CrPC) read with Article 22(1) of the Constitution,” the plea submitted.

    ALSO READ | Delhi HC asks NIA to respond to plea for FIR copy lodged against alleged PFI members 

    It said when the accused were produced before a trial court here, their counsel sought a copy of the FIR lodged on September 22 as well as on September 26.

    However, the additional sessions judge (ASJ) rejected the application filed by the petitioner on the ground that the matter is of a sensitive nature and that providing a copy of the FIR will hamper the investigation, the petitioner submitted.

    It added Article 22(1) of the Constitution prohibits the detention of a person arrested and in custody without being informed of the grounds of such arrest.

    The plea said denial of a copy of the FIR, circumscribing the allegations and particulars of the offences against the accused persons, is a clear violation of the principles of natural justice and the accused person’s right to fair trial and investigation.

    The government banned the PFI and several of its associate organisations on September 28 for five years under the stringent anti-terror law UAPA, accusing them of having “links” with global terror groups like ISIS.

    NEW DELHI: Copies of the FIR and arrest memo have been supplied to a man arrested during the massive crackdown on the Popular Front of India (PFI) before it was banned, the Delhi High Court was informed on Monday, days after the accused remonstrated the denial of information about the reasons for his arrest.

    The alleged (PFI) activist had moved the high court seeking a copy of the FIR registered against the members of the now outlawed organisation, the grounds for arrest of each of them, and the remand applications filed by the NIA for the custodial interrogation of the accused.

    Justice Anoop Kumar Mendiratta listed the matter for further hearing on November 11 as the counsel for the accused said the case is listed before the trial court later in the day and he expects the remand application to be provided to him as his NIA custody is likely to end.

    The counsel for Mohd Yusuff, who was arrested from his residence in Chennai on September 22 in the case lodged under the Unlawful Activities (Prevention) Act (UAPA), the stringent anti-terror law, also told the high court he has received a copy of the FIR after filing the petition and that the accused will get to know the reasons for his arrest from NIA’s remand application.

    “How will we move bail application when we do not know the case against us?” advocate Adit Pujari, appearing for Yusuff, said during arguments.

    The NIA’s counsel noted the grounds of arrest are also mentioned in the FIR and vehemently opposed the accused’s prayer for a copy of the remand application.

    “The remand application is akin to our case diary. The case is at an initial stage. We are keeping it confidential as it can hamper our investigation. The procedure is that they have to first move to the special court and then come to the high court,” the NIA counsel said.

    He said the remand application also contains what the agency is probing and, if supplied to the accused, it will prejudice the NIA’s case.

    A large number of alleged PFI activists were detained or arrested in several states during the massive raids preceding the nationwide ban imposed on the radical Islamist outfit on September 28.

    Petitioner Yusuff, who claims to be a practising advocate, had sought a direction to the NIA to provide him with a copy of the FIR lodged by the agency in Delhi on April 13, the documents listing the grounds of the arrest of each accused person and a copy of the remand applications filed by the NIA before the trial court.

    The petitioner said he was arrested around 3 AM on September 22 from his residence in Chennai by the NIA along with others, who all were picked up from different parts of the country and brought to the national capital in connection with the case lodged in Delhi.

    “At the time of his arrest, the respondent (NIA) did not communicate to the petitioner any particulars of the offence for which he has been arrested or any grounds of such arrest in clear violation of the statutory mandate provided under Section 50 of the Code of Criminal Procedure (CrPC) read with Article 22(1) of the Constitution,” the plea submitted.

    ALSO READ | Delhi HC asks NIA to respond to plea for FIR copy lodged against alleged PFI members 

    It said when the accused were produced before a trial court here, their counsel sought a copy of the FIR lodged on September 22 as well as on September 26.

    However, the additional sessions judge (ASJ) rejected the application filed by the petitioner on the ground that the matter is of a sensitive nature and that providing a copy of the FIR will hamper the investigation, the petitioner submitted.

    It added Article 22(1) of the Constitution prohibits the detention of a person arrested and in custody without being informed of the grounds of such arrest.

    The plea said denial of a copy of the FIR, circumscribing the allegations and particulars of the offences against the accused persons, is a clear violation of the principles of natural justice and the accused person’s right to fair trial and investigation.

    The government banned the PFI and several of its associate organisations on September 28 for five years under the stringent anti-terror law UAPA, accusing them of having “links” with global terror groups like ISIS.

  • Kin of those booked in 2020 Delhi riots case demand justice

    By PTI

    NEW DELHI: The families of those booked in connection with the 2020 Delhi riots and other cases gathered here on Saturday to demand justice, alleging that charges have been “strategically” framed to “scare” those raising their voice for people.

    Nargis Saifi, wife of Khalid Saifi who is an accused in the 2020 riots case, alleged that several others like her husband have been labelled as “anti-nationals” and arrested.

    “Khalid used to hit the streets to raise the voice of citizens. Several others like Khalid have been labelled as anti-nationals and arrested. I barely accompanied him to the protests but now the situation is such that I am bound to speak up,” Nargis said at a press conference.

    She alleged that the “government has framed these charges very strategically to scare those who raise their voice.”

    The riots, which went on for three days, had erupted in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled, leaving at least 53 people dead and around 200 injured.

    As northeast Delhi became the epicentre of violence, clashes also broke out at Jaffrabad, Maujpur, Chandbagh, Khureji Khas, Bhajanpura, Dayalpur, Gokalpuri and other areas.

    She further said their fight for justice has been “long and difficult” as Khalid has been booked under the stringent Unlawful Activities (Prevention) Act (UAPA).

    “Every parent wants to give their children the best possible life but I don’t think it is possible for us anymore. Every time I step out of the house, my kids ask if I’m going to see their father and if he will return.”

    “Khalid is not even allowed to hug his children with both his arms as one of the hands is always held by the policemen when we meet him,” she claimed.

    Khalid has been booked under various sections of the Arms Act, UAPA, Prevention of Damage to Public Property Act, and the Indian Penal Code (IPC) for the alleged conspiracy behind the Delhi riots in February 2020.

    “Why is it that so many political activists are in jail today? Why is it taking so much time for them to get bail?” asked Colin Gonsalves, senior advocate at Human Rights Law Network (HRLN). He claimed that all the evidences provided by the police against those arrested are mostly documents which are “not admissible” in the courts and used “only to deny bail” to them.

    Banojyotsna Lahiri, activist and friend of former JNU student Umar Khalid who is in jail in connection with the riots case, said, “The situation in the country got so ugly that even while speaking, we have been censoring ourselves.

    “Every thing has to be censored these days including what we write what we speak. UAPA has been misused to silence the dissent and media trial to criminalise the dissent,” she said.

    Speaking about the 2020 Delhi riots, CPI ML general secretary Dipankar Bhattacharya alleged that UAPA has been particularly “used” against those who “raised their voice” in favour of minorities, Dalits and backward classes.

    “We all know who stoked riots in Delhi during anti-CAA protest, we all know who used that “Goli maaro” slogan. UAPA misused against those who raised their voice in favour of the minorities, Dalits and backward classes. This is nothing but an undeclared emergency,” Bhattacharya alleged.

    NEW DELHI: The families of those booked in connection with the 2020 Delhi riots and other cases gathered here on Saturday to demand justice, alleging that charges have been “strategically” framed to “scare” those raising their voice for people.

    Nargis Saifi, wife of Khalid Saifi who is an accused in the 2020 riots case, alleged that several others like her husband have been labelled as “anti-nationals” and arrested.

    “Khalid used to hit the streets to raise the voice of citizens. Several others like Khalid have been labelled as anti-nationals and arrested. I barely accompanied him to the protests but now the situation is such that I am bound to speak up,” Nargis said at a press conference.

    She alleged that the “government has framed these charges very strategically to scare those who raise their voice.”

    The riots, which went on for three days, had erupted in northeast Delhi on February 24 after clashes between citizenship law supporters and protesters spiralled, leaving at least 53 people dead and around 200 injured.

    As northeast Delhi became the epicentre of violence, clashes also broke out at Jaffrabad, Maujpur, Chandbagh, Khureji Khas, Bhajanpura, Dayalpur, Gokalpuri and other areas.

    She further said their fight for justice has been “long and difficult” as Khalid has been booked under the stringent Unlawful Activities (Prevention) Act (UAPA).

    “Every parent wants to give their children the best possible life but I don’t think it is possible for us anymore. Every time I step out of the house, my kids ask if I’m going to see their father and if he will return.”

    “Khalid is not even allowed to hug his children with both his arms as one of the hands is always held by the policemen when we meet him,” she claimed.

    Khalid has been booked under various sections of the Arms Act, UAPA, Prevention of Damage to Public Property Act, and the Indian Penal Code (IPC) for the alleged conspiracy behind the Delhi riots in February 2020.

    “Why is it that so many political activists are in jail today? Why is it taking so much time for them to get bail?” asked Colin Gonsalves, senior advocate at Human Rights Law Network (HRLN). He claimed that all the evidences provided by the police against those arrested are mostly documents which are “not admissible” in the courts and used “only to deny bail” to them.

    Banojyotsna Lahiri, activist and friend of former JNU student Umar Khalid who is in jail in connection with the riots case, said, “The situation in the country got so ugly that even while speaking, we have been censoring ourselves.

    “Every thing has to be censored these days including what we write what we speak. UAPA has been misused to silence the dissent and media trial to criminalise the dissent,” she said.

    Speaking about the 2020 Delhi riots, CPI ML general secretary Dipankar Bhattacharya alleged that UAPA has been particularly “used” against those who “raised their voice” in favour of minorities, Dalits and backward classes.

    “We all know who stoked riots in Delhi during anti-CAA protest, we all know who used that “Goli maaro” slogan. UAPA misused against those who raised their voice in favour of the minorities, Dalits and backward classes. This is nothing but an undeclared emergency,” Bhattacharya alleged.

  • Umar Khalid completes 2 years in jail; mother says she is ‘optimistic’ of him walking free soon

    By PTI

    NEW DELHI: “I am optimistic, that he will walk out of prison soon,” says the mother of former JNU student leader Umar Khalid who has been in jail from two years in connection with Northeast Delhi riots in 2020.

    Khalid was arrested by Delhi Police on September 13, 2020. He has been booked under provisions of The Unlawful Activities (Prevention) Act (UAPA).

    The Delhi Police charged Khalid for disrupting religious sentiments and argued that he was a part of a larger conspiracy in the riots that jolted the national capital.

    “I am highly optimistic that my son will walk out of the jail very soon. I spoke to Umar last week, he always speaks cheerfully. I keep on trying to motivate him and ask him to keep his hopes high. Not just bail, but all cases against him should be closed off or withdrawn,” Khalid’s mother Sabiha Khanum told PTI.

    The Delhi High Court had last week reserved its order on Khalid’s bail plea.

    Khalid had contended that he neither had any “criminal role” in the violence nor any “conspiratorial connect” with any other accused in the matter.

    Speaking at an event ‘In pursuit of Justice’ here, Supreme Court advocate Shah Rukh Alam claimed that the FIR against Khalid is “nothing but a political document” and that, there is no “substantial evidence” against the accused.

    “When the court tells us to keep politics away’, it is mostly when someone questions the policies of the government. FIR number 59 of 2020 doesn’t mention any offence and there’s no substantial evidence in the FIR. It is purely a political document and so was the state’s counter during Khalid’s bail hearing,” Alam.

    JNUSU President Aishe Ghosh said that the government “tends to take action” against those “who question their policies”.

    “Umar always discussed the injustice that happened, not just within the campus, but also outside it. That is what made his voice distinct and hence, the people in power are scared of students like him. The fight of all political prisoners will continue even though this government tends to take action against all those who question their policies,” she said.

    During his bail plea hearing, Khalid said that there was no material to support the case of the prosecution against him and that he raised issues that several others were discussing in the country, including those concerning the Citizenship Amendment Act.

    Khalid, Sharjeel Imam, and several others were booked under the anti-terror law UAPA, and provisions of the Indian Penal Code for allegedly being the “masterminds” of the February 2020 riots, which had left 53 people dead and over 700 injured.

    The violence erupted during the protests against CAA and NRC. In a letter to his friend written from the prison premises, Khalid said that he feels lonely and pessimistic at times.

    “How do we fight against this monstrous machine of lies and falsehood? The purveyors of hate and falsehood have so many resources ” money, pliant 24×7 news channels, lots of them, troll armies, and the police too.

    To be honest, it makes me feel pessimistic at times. At times I also feel lonely. Lots of people far more privileged than me who were together in this fight against fascism, in the movement against CAA-NRC/NPR, today choose to remain silent when I am singled out for these lies.

    “It makes you feel unwanted. It makes you feel like a stranger in your own land. The only thing I find succour in such moments is the realisation that none of this is personal. That my persecution and isolation is symbolic of something larger — the persecution and isolation of Muslims in India right now,” Khalid said in the letter shared with the online portal The Wire.

    NEW DELHI: “I am optimistic, that he will walk out of prison soon,” says the mother of former JNU student leader Umar Khalid who has been in jail from two years in connection with Northeast Delhi riots in 2020.

    Khalid was arrested by Delhi Police on September 13, 2020. He has been booked under provisions of The Unlawful Activities (Prevention) Act (UAPA).

    The Delhi Police charged Khalid for disrupting religious sentiments and argued that he was a part of a larger conspiracy in the riots that jolted the national capital.

    “I am highly optimistic that my son will walk out of the jail very soon. I spoke to Umar last week, he always speaks cheerfully. I keep on trying to motivate him and ask him to keep his hopes high. Not just bail, but all cases against him should be closed off or withdrawn,” Khalid’s mother Sabiha Khanum told PTI.

    The Delhi High Court had last week reserved its order on Khalid’s bail plea.

    Khalid had contended that he neither had any “criminal role” in the violence nor any “conspiratorial connect” with any other accused in the matter.

    Speaking at an event ‘In pursuit of Justice’ here, Supreme Court advocate Shah Rukh Alam claimed that the FIR against Khalid is “nothing but a political document” and that, there is no “substantial evidence” against the accused.

    “When the court tells us to keep politics away’, it is mostly when someone questions the policies of the government. FIR number 59 of 2020 doesn’t mention any offence and there’s no substantial evidence in the FIR. It is purely a political document and so was the state’s counter during Khalid’s bail hearing,” Alam.

    JNUSU President Aishe Ghosh said that the government “tends to take action” against those “who question their policies”.

    “Umar always discussed the injustice that happened, not just within the campus, but also outside it. That is what made his voice distinct and hence, the people in power are scared of students like him. The fight of all political prisoners will continue even though this government tends to take action against all those who question their policies,” she said.

    During his bail plea hearing, Khalid said that there was no material to support the case of the prosecution against him and that he raised issues that several others were discussing in the country, including those concerning the Citizenship Amendment Act.

    Khalid, Sharjeel Imam, and several others were booked under the anti-terror law UAPA, and provisions of the Indian Penal Code for allegedly being the “masterminds” of the February 2020 riots, which had left 53 people dead and over 700 injured.

    The violence erupted during the protests against CAA and NRC. In a letter to his friend written from the prison premises, Khalid said that he feels lonely and pessimistic at times.

    “How do we fight against this monstrous machine of lies and falsehood? The purveyors of hate and falsehood have so many resources ” money, pliant 24×7 news channels, lots of them, troll armies, and the police too.

    To be honest, it makes me feel pessimistic at times. At times I also feel lonely. Lots of people far more privileged than me who were together in this fight against fascism, in the movement against CAA-NRC/NPR, today choose to remain silent when I am singled out for these lies.

    “It makes you feel unwanted. It makes you feel like a stranger in your own land. The only thing I find succour in such moments is the realisation that none of this is personal. That my persecution and isolation is symbolic of something larger — the persecution and isolation of Muslims in India right now,” Khalid said in the letter shared with the online portal The Wire.

  • Lucknow court issues order to release journalist Siddique Kappan from jail

    By PTI

    LUCKNOW: A court here on Monday issued the release order of journalist Siddique Kappan, who was lodged in jail after his arrest in October 2020 while he was on his way to Hathras in Uttar Pradesh, where a Dalit woman had died after allegedly being raped.

    Kappan, a journalist from Kerala, was recently granted bail by the Supreme Court. He was booked under various sections of the Indian Penal Code (IPC), the Unlawful Activities (Prevention) Act and the Information Technology (IT) Act.

    Additional Sessions Judge (ASJ) Anurodh Mishra directed Kappan to furnish two sureties of Rs 1 lakh each and a personal bond of the same amount.

    The judge also sought an undertaking from the journalist that he would not breach the conditions imposed on him by the apex court.

    Kappan along with three others — Athikur Rehman, Alam and Masood — were arrested by the Uttar Pradesh Police on October 5, 2020.

    The Dalit woman had died at a Delhi hospital a fortnight after she was allegedly gang-raped on September 14, 2020. She was cremated in the middle of the night in her village.

    LUCKNOW: A court here on Monday issued the release order of journalist Siddique Kappan, who was lodged in jail after his arrest in October 2020 while he was on his way to Hathras in Uttar Pradesh, where a Dalit woman had died after allegedly being raped.

    Kappan, a journalist from Kerala, was recently granted bail by the Supreme Court. He was booked under various sections of the Indian Penal Code (IPC), the Unlawful Activities (Prevention) Act and the Information Technology (IT) Act.

    Additional Sessions Judge (ASJ) Anurodh Mishra directed Kappan to furnish two sureties of Rs 1 lakh each and a personal bond of the same amount.

    The judge also sought an undertaking from the journalist that he would not breach the conditions imposed on him by the apex court.

    Kappan along with three others — Athikur Rehman, Alam and Masood — were arrested by the Uttar Pradesh Police on October 5, 2020.

    The Dalit woman had died at a Delhi hospital a fortnight after she was allegedly gang-raped on September 14, 2020. She was cremated in the middle of the night in her village.