News Analysis India

Tag: UAPA

  • Hathras conspiracy case: Supreme Court agrees to hear journalist Siddique Kappan’s plea seeking bail

    By Express News Service

    The Supreme Court on Wednesday agreed to list for Friday a petition by Kerala journalist Siddique Kappan seeking bail in the “Hathras Conspiracy case”.

    The petition where Kappan has challenged Allahabad HC’s order dated August 2, 2022 of rejecting him bail was mentioned before the bench of CJI NV Ramana, Justices Hima Kohli and CT Ravikumar.

    In October 2020, Kappan along with other accused were arrested by UP Police while they were proceeding to report the Hathras rape-murder crime. Initially, they were arrested under an apprehension to cause breach of peace but subsequently they were booked under Unlawful Activities Prevention Act alleging that in the wake of the Hathras gang rape they were trying to incite communal riots and disrupt social harmony in the backdrop of the Hathras gangrape-murder case.

    It was also alleged in the FIR that the accused(s) were financed to go to Hathras by terrorist Gand in furtherance of a plan to spread disharmony in society and that the co-accused (s) collected funding from foreign nationals/mediums which were utilised by Kappan for in different mediums and by cash for illegal activities. It was also alleged that Kappan and the co-accused received large quantities totalling Rs 45,000 deposited by PFI in their account.

    Assailing the HC’s order, Kappan in the plea has contended that the HC has mechanically dismissed his bail without affording any cogent reasons.

    It has also been argued that the HC has failed to take note of the fact that FIR/charge-sheet ex facie does not make case for invocation of sections 17 (punishment for raising funds for the terrorist act) and 18 (punishment for conspiracy) of UAPA.

    “Apart from a bald statement to the effect that a perusal of the charge sheet and documents adduced indicate that the offences have been committed, absolutely no reasons have been afforded to indicate as to how this conclusion has been arrived at,” plea states.

    The Supreme Court on Wednesday agreed to list for Friday a petition by Kerala journalist Siddique Kappan seeking bail in the “Hathras Conspiracy case”.

    The petition where Kappan has challenged Allahabad HC’s order dated August 2, 2022 of rejecting him bail was mentioned before the bench of CJI NV Ramana, Justices Hima Kohli and CT Ravikumar.

    In October 2020, Kappan along with other accused were arrested by UP Police while they were proceeding to report the Hathras rape-murder crime. Initially, they were arrested under an apprehension to cause breach of peace but subsequently they were booked under Unlawful Activities Prevention Act alleging that in the wake of the Hathras gang rape they were trying to incite communal riots and disrupt social harmony in the backdrop of the Hathras gangrape-murder case.

    It was also alleged in the FIR that the accused(s) were financed to go to Hathras by terrorist Gand in furtherance of a plan to spread disharmony in society and that the co-accused (s) collected funding from foreign nationals/mediums which were utilised by Kappan for in different mediums and by cash for illegal activities. It was also alleged that Kappan and the co-accused received large quantities totalling Rs 45,000 deposited by PFI in their account.

    Assailing the HC’s order, Kappan in the plea has contended that the HC has mechanically dismissed his bail without affording any cogent reasons.

    It has also been argued that the HC has failed to take note of the fact that FIR/charge-sheet ex facie does not make case for invocation of sections 17 (punishment for raising funds for the terrorist act) and 18 (punishment for conspiracy) of UAPA.

    “Apart from a bald statement to the effect that a perusal of the charge sheet and documents adduced indicate that the offences have been committed, absolutely no reasons have been afforded to indicate as to how this conclusion has been arrived at,” plea states.

  • As Kappan’s wife readies to move SC for his bail, daughter in her I-day speech calls for citizens’ freedom 

    By Online Desk

    CHENNAI: As India celebrated its 76th Independence Day, the wife of journalist Siddique Kappan  — booked and jailed under the Unlawful Activities Prevention Act (UAPA) in the Hathras conspiracy case –said that she is running around doing procedural works to move Supreme Court for her husband’s bail, while Kappan’s nine-year-old daughter said that ordinary citizens’ freedom is not taken away.

    “When her school authorities asked her to deliver a speech in view of Independence Day, she asked Independence for whom?” Siddique Kappan’s wife Raihanath told TNIE.

    “I am the daughter of a journalist who has been left to languish in jail, by being denied the basic civil rights available to all Indian citizens,” is how the nine-year-old began her Independence day speech at her school on Monday, a video of which has gone viral on social media.

    According to a PTI report, in her little over two-minute-long speech, she said that every Indian has the right to resist or oppose those asking them to leave, they have the choice to decide what to speak, eat or which religion to profess and all this is possible due to the struggles and sacrifices of freedom fighters like Mahatma Gandhi, Jawaharlal Nehru, Bhagat Singh, and countless others.

    “Remembering all those freedom fighters, my request is not to take away the freedom and rights of the ordinary citizens,” she said.

    She also said that India’s pride should not be surrendered before anyone.

    In her speech, she further said that there was still unrest in the country as it was evident from the violence on the basis of religion, color or politics and said that the same should be “rooted out with love and unity”.

    “Even the shadow of any unrest should be wiped out. We all should live as one and should make every effort to take India to the top. We should dream of a better tomorrow without any differences and conflicts,” she said.

    “As India steps into its 76th Independence day, on this special occasion, as an Indian with unwavering pride and authority, I would like to say ‘Bharat Mata ki Jai’,” she said.

    Meanwhile, Raihanath noted that after the Lucknow bench of the Allahabad high court dismissed her husband’s bail application she is presently engaged in procedural works to move the Supreme Court. Senior advocate Kapil Sibal has agreed to appear for Kappan, she added.

    While rejecting Kappan’s bail plea, the court held that  “the use of tainted money cannot be ruled out”.

    Prior to that, a Mathura court had rejected Kappan’s bail plea after which he had approached the high court.

    ALSO READ | Siddique Kappan’s incarceration: His wife and children feel helpless, yet keep their hopes alive

    The Uttar Pradesh police arrested Kappan, a reporter for a Malayalam news portal Azhimukham and secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ) and three others accompanying him on October 5, 2020, under various sections of the Indian Penal Code, Unlawful Activities (Prevention) Act and The Information Technology Act while they were on way to Uttar Pradesh’s Hathras district where a Dalit woman was allegedly gang-raped on September 14, 2020. Police had claimed that the accused were trying to disturb law and order in Hathras. They had also alleged that the accused had links with the Popular Front of India (PFI).

    The rape victim had died at a Delhi hospital a fortnight after her alleged rape by four men from her village on September 14, 2020.

    She was cremated in the middle of the night in her village.

    Her family members claimed that the cremation, which took place well past midnight, was without her consent and that they were not allowed to bring home the body one last time.

    (With inputs from PTI).

    CHENNAI: As India celebrated its 76th Independence Day, the wife of journalist Siddique Kappan  — booked and jailed under the Unlawful Activities Prevention Act (UAPA) in the Hathras conspiracy case –said that she is running around doing procedural works to move Supreme Court for her husband’s bail, while Kappan’s nine-year-old daughter said that ordinary citizens’ freedom is not taken away.

    “When her school authorities asked her to deliver a speech in view of Independence Day, she asked Independence for whom?” Siddique Kappan’s wife Raihanath told TNIE.

    “I am the daughter of a journalist who has been left to languish in jail, by being denied the basic civil rights available to all Indian citizens,” is how the nine-year-old began her Independence day speech at her school on Monday, a video of which has gone viral on social media.

    According to a PTI report, in her little over two-minute-long speech, she said that every Indian has the right to resist or oppose those asking them to leave, they have the choice to decide what to speak, eat or which religion to profess and all this is possible due to the struggles and sacrifices of freedom fighters like Mahatma Gandhi, Jawaharlal Nehru, Bhagat Singh, and countless others.

    “Remembering all those freedom fighters, my request is not to take away the freedom and rights of the ordinary citizens,” she said.

    She also said that India’s pride should not be surrendered before anyone.

    In her speech, she further said that there was still unrest in the country as it was evident from the violence on the basis of religion, color or politics and said that the same should be “rooted out with love and unity”.

    “Even the shadow of any unrest should be wiped out. We all should live as one and should make every effort to take India to the top. We should dream of a better tomorrow without any differences and conflicts,” she said.

    “As India steps into its 76th Independence day, on this special occasion, as an Indian with unwavering pride and authority, I would like to say ‘Bharat Mata ki Jai’,” she said.

    Meanwhile, Raihanath noted that after the Lucknow bench of the Allahabad high court dismissed her husband’s bail application she is presently engaged in procedural works to move the Supreme Court. Senior advocate Kapil Sibal has agreed to appear for Kappan, she added.

    While rejecting Kappan’s bail plea, the court held that  “the use of tainted money cannot be ruled out”.

    Prior to that, a Mathura court had rejected Kappan’s bail plea after which he had approached the high court.

    ALSO READ | Siddique Kappan’s incarceration: His wife and children feel helpless, yet keep their hopes alive

    The Uttar Pradesh police arrested Kappan, a reporter for a Malayalam news portal Azhimukham and secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ) and three others accompanying him on October 5, 2020, under various sections of the Indian Penal Code, Unlawful Activities (Prevention) Act and The Information Technology Act while they were on way to Uttar Pradesh’s Hathras district where a Dalit woman was allegedly gang-raped on September 14, 2020. Police had claimed that the accused were trying to disturb law and order in Hathras. They had also alleged that the accused had links with the Popular Front of India (PFI).

    The rape victim had died at a Delhi hospital a fortnight after her alleged rape by four men from her village on September 14, 2020.

    She was cremated in the middle of the night in her village.

    Her family members claimed that the cremation, which took place well past midnight, was without her consent and that they were not allowed to bring home the body one last time.

    (With inputs from PTI).

  • UAPA case: SIA conducts raids at various places along LoC in Poonch

    By PTI

    JAMMU: The State Investigation Agency (SIA) on Saturday conducted raids at various important locations in the border district of Poonch here in connection with a terrorism-related case, officials said.

    A special team of SIA Jammu visited the border district of Poonch in connection with the investigation of an important case of Unlawful Activities (Prevention) Act, they said.

    The team visited various important locations on the border and conducted search and seizure, they said.

    It is worth mentioning here that Director SIA after reviewing the working of SIA Jammu has issued strict directions to speed up investigations to unearth terror networks.

    The SIA is a specialized agency constituted by the government of Union Territory of Jammu and Kashmir for the investigation and prosecution of terrorism-related cases.

  • Merely smuggling gold not terrorist act under UAPA: Delhi High Court

    By PTI

    NEW DELHI: The Delhi High Court has said that mere smuggling of gold without any connection to a threat to the economic security or monetary stability of the country is not a “terrorist act” under the Unlawful Activities (Prevention) Act.

    A bench headed by Justice Mukta Gupta, while granting bail to nine persons arrested for allegedly smuggling over 500 gold bars weighing 83.621 kg from Assam to Delhi, said that even after an amendment to the definition of “terrorist act” under the UAPA, ‘gold’ was not added to Section 15(1)(a)(iiia) which defines the act in the context of a damage to the monetary stability of India by smuggling, etc. of high quality counterfeit Indian currency, coin or of any other material.

    The bench, also comprising Justice Mini Pushkarna, further noted that the possession, use, production, transfer of counterfeit currency or coin was per-se illegal but production, possession, use, etc. of gold was not and even import of gold was not prohibited but restricted subject to prescribed quantity on payment of duty.

    The court directed the accused persons (appellants) to furnish a personal bond and a surety bond in the sum of Rs 1 lakh each and keep their mobile phones active and also share the live locations of the devices with the investigating officers for the next six months.

    “The amendment was made to the definition of “terrorist act” by bringing in facets of terrorist acts by disturbing the economic stability of the country.”

    The said amendment has been made pursuant to the recommendations of the Financial Action Task Force (in short FATF). However, it may be noted that despite the fact that the report specifically deals with gold, the word ‘gold’ have not been added while amending Section 15(1)(a)(iiia) UAP Act, the court said in its order dated June 3.

    “Thus mere smuggling of gold without any connection whatsoever to threatening economic security or monetary stability of India cannot be a terrorist act,” the court stated.

    The court considered that the trial was likely to take some time and some of the appellants have filed petitions challenging the sanction order on the ground that an alleged offence under the Customs Act cannot be brought in the realm of provisions of the UAPA, and said that it “deems it fit to grant bail to the appellants”.

    The court asked the appellants to surrender their passports, not leave the country without prior permission of the trial court and also periodically report to the jurisdictional police station.

    A case was registered by the National Investigation Agency (NIA) in the present matter for alleged commission of criminal conspiracy, furthering terrorist activities and also threatening the economic security and damaging the monetary stability of India under the UAPA.

    The prosecution opposed the bail plea on the ground that a larger conspiracy to commit a terrorist act was committed by the appellants by disturbing the economic stability of this country.

    It was submitted that as per the recommendations of the Financial Action Task Force (FATF), gold was a universally accepted currency which can be traded anonymously and such transactions would be difficult to trace and track and would cause serious damage to the economic security of the country.

  • NIA registers case against Jaswinder Singh Multani linked to Sikhs for Justice

    Express News Service

    NEW DELHI: The National Investigation Agency (NIA) has registered a case against Jaswinder Singh Multani, an alleged operative of the Sikhs for Justice (SFJ) who has been detained in Germany, for hatching a criminal conspiracy to wage war against India and attempting to revive terrorism in Punjab on Friday.

    The agency said, “The case relates to a criminal conspiracy hatched by Multani with several other pro-Khalistani elements located abroad for radicalising, motivating and recruiting youngsters in Punjab, on the ground and online through social media platforms, to propagate their ideology with an aim to secede Punjab from the Union of India.”

    As per the NIA, “They have been involved in raising funds to procure arms, ammunition and explosives by using smuggling networks in Punjab to revive terrorism in the state, the officials said, adding that Multani has also been in contact with ISI operatives for carrying out terror attacks in Mumbai and other parts of the country.”

    According to the officials, the case has been initiated under various sections of the Indian Penal Code (IPC), including those related to waging war against the country, and the relevant provisions of the stringent Unlawful Activities (Prevention) Act (UAPA).

    Multani is suspected to be linked to the Ludhiana court complex blast last week. Apart from it, earlier this year, the Punjab police registered two cases against Multani and others.

    The registration of the case would help the government take requisite action in accordance with law for expeditious investigation so that Multani could either be deported or extradited to India, the officials said.

  • Paramount to expedite UAPA trials before special courts: Delhi High Court

    By PTI

    NEW DELHI: The Delhi High Court on Friday said it is paramount that cases under the Unlawful Activities (Prevention) Act are tried expeditiously and sought its administration’s stand on streamlining their quick disposal before the special designated courts here.

    Justice Mukta Gupta stated that it was for the high court authorities to consider the issue of expeditious disposal of Unlawful Activities (Prevention) Act (UAPA) cases and make appropriate recommendations for establishing exclusive courts for their trial.

    “It is for the high court to decide whether to transfer the cases (from the special designated courts to other courts) or have more courts,” said the judge, who was hearing a plea by an accused who sought day-to-day hearing in his National Investigation Agency (NIA) case under UAPA pending before a special NIA court.

    The court observed that since the cases under UAPA involved serious offences and foreign nationals, it was not easy for those in custody to secure bail, and noted that it was evident from the high court’s affidavit that trials took a considerable amount of time on account of a large number of accused and witnesses.

    “There are many accused, ranging from four to 14 and witnesses nearing 100 to 500, and thus trials take considerable time. Further, offences being serious and many times involving foreign nationals, bails are not granted easily and thus it is paramount that offences under UAPA, whether investigated by NIA or Delhi Police special cell, are tried by special designated courts expeditiously which have no other matters listed before it,” the court stated.

    “Further affidavit be filed by the high court indicating the steps taken to streamline expeditious disposal of trials in UAPA cases,” the court ordered.

    Lawyer Gaurav Agrawal, appearing for the high court, informed that there were two designated special courts for NIA in the city for the trial of UAPA cases and the listing of non-UAPA cases had no impact on the status of UAPA cases.

    While only 12 cases were pending before one court and charges were framed in nine of them, there was a “slight difficulty” with respect to the pendency of UAPA cases in the second designated court on account of the time taken for trials to be concluded, he said.

    The lawyer stated that it was not for the high court to pass orders on the establishment of more special courts, to which the court stated that “the high court has to consider (if more special courts are required)”.

    “The high court will send recommendations (if needed). That is the only purpose. The high court will assess how many courts you need,” the court remarked.

    The judge stated that issues before her were with respect to the special NIA courts taking up non-UAPA cases and the trial of UAPA cases being probed by the Delhi police before other courts.

    In September, the high court administration had stated that as on July 31, total 37 cases pertaining to the National Investigation Agency (NIA) were pending before the two designated courts in the Patiala House Court complex here, that is, a sessions judge and the district and sessions judge.

    In the petition filed through lawyer Kartik Murukutla, petitioner Manzar Imam stated that he has been in custody for eight years and there was a delay in trial in his case on account of there being only two designated courts which were also hearing non-NIA cases, including bail matters, other IPC offences and MCOCA matters.

    He has contended that all NIA accused were “languishing for years on end”, in violation of the fundamental right to a speedy trial under Article 21 of the Constitution of India.

    The petitioner was arrested in August 2013 pursuant to an NIA case alleging that the members of the Indian Mujahideen, in association with the other IM sleeper cells based in the country and others, were conspiring to commit terrorist acts and making preparation for targeting various important and prominent places of India.

    The FIR was registered for the alleged commission of offences under the provisions of UAPA and the Indian Penal Code.

    “The petitioner has to date been in custody for almost eight years and charges are yet to be framed in the matter. Arguments on charge in the matter began in 2014 itself, but continue to remain pending to date. At the current pace, and with 24 accused persons, it may be fairly anticipated that the trial is likely to take at least another further eight years (as a moderate estimation) before completion,” the plea has stated.

    The petitioner has sought a direction to ensure that the special courts under the Act deal exclusively with NIA investigated scheduled offences.

    The matter would be heard next in February.

  • Supreme Court notice to Centre on plea challenging provisions of UAPA

    By PTI

    NEW DELHI: The Supreme Court on Wednesday sought a response from the Centre on a plea challenging certain provisions of the anti-terror law Unlawful Activities (Prevention) Act.

    A bench headed by Chief Justice N V Ramana issued notice to the Centre and tagged the plea filed by ex IAS officer Amitabha Pande and others with a similar petition.

    Senior advocate C U Singh, appearing for the petitioners, submitted that the UAPA is being used to quell dissent.

    “Heard Mr. C U Singh, senior counsel appearing for the petitioners and carefully perused the material available on record. Issue notice. Liberty is also granted to serve the Standing counsel for the Union of India,” the bench also comprising Justices D Y Chandrachud and Surya Kanta said.

    ​ALSO READ | Rahul Gandhi flays use of UAPA in Tripura, accuses BJP of ‘shooting the messenger’

    The plea has sought to declare the proviso to Section 43D(5) (restrictions on grant of bail), as manifestly arbitrary and ultra vires of Article 21 (Right to liberty) of the Constitution.

    It has also sought the constitution of a redressal mechanism for people accused of carrying out “unlawful activities” to have the same opportunity of clearing their name as is statutorily available under the UAPA to “Unlawful Associations”.

    The plea contended, “accusing a person of having committed a ‘terrorist act’, by saying the person ‘struck terror’ cannot be sustained, in the absence of a definition of the word ‘terror’…This is open-ended, ill-defined, and arbitrary.”

    “Direct the Union of India to set up a suitable scheme for compensating people who are incarcerated under the UAPA and who are eventually acquitted, with the quantum of compensation increases in proportion to the time spent in jail,” the plea said.

  • NIA asks Canadian government to declare Sikhs For Justice a terror outfit

    By Express News Service

    NEW DELHI:  The National Investigation Agency has requested the Canadian government to declare Sikhs For Justice (SFJ) as a terrorist entity stating that many influential people associated with the outfit are working from Canada, sources said on Monday.

    The SFJ was banned by India under UAPA for its involvement in “promoting secession and violent extremism” in Punjab.

    A senior NIA official said that a two-member NIA team led by an IG-rank  official travelled to Canada in the first week of November and made an official request in this regard. 

    The official added that the NIA team also appealed to the Canadian government to expedite execution of requests made under the mutual legal assistance treaty (MLAT).

    “The visit is for better coordination of investigation against entities and individuals suspected of terrorism and to discuss other criminal matters,” a release issued by the Indian High Commission in Ottawa had said.

    The statement further said, “The two countries have a range of ongoing bilateral mechanisms, including a joint working group on counter-terrorism. The two countries had signed a treaty on Mutual Assistance in Criminal Matters in 1994 and have had an Extradition Treaty since 1987.”

    NIA officials also discussed issues  related to evidentiary requirements in India with Canadian authorities and possible cooperation for capacity building in police investigations.

    The NIA delegation also held meetings with the International Crime and Counter-terrorism Bureau of Global Affairs Canada and with senior officials from the International Affairs Division of Public Safety Canada, to deepen ties.

  • Rahul Gandhi flays use of UAPA in Tripura, accuses BJP of ‘shooting the messenger’

    By PTI

    NEW DELHI: Former Congress chief Rahul Gandhi on Monday said truth cannot be silenced by booking people under the Unlawful Activities (Prevention) Act (UAPA) in Tripura.

    He also attacked the BJP, saying its favourite cover-up tactic is “shooting the messenger “.

    The reaction came after the police invoked UAPA against social media handles including those of journalists and activists over alleged clashes and attacks on mosques in Tripura.

    “Pointing out that ‘Tripura Is Burning’ is a call for corrective action. But BJP’s favourite cover-up tactic is shooting the messenger. Truth can’t be silenced by UAPA,” Gandhi said on Twitter.

    The Tripura Police on Saturday booked 102 social media account holders under UAPA, criminal conspiracy and forgery charges and served notices to the authorities of Twitter, Facebook and YouTube to freeze their accounts and inform all particulars of those persons to it.

    This action came after Tripura Police registered a case against four Supreme Court lawyers under the stringent act and various sections of the Indian Penal Code for allegedly promoting communal disharmony with their social media posts on the recent violence in the state.

    The state government had on October 29 alleged that a group from outside with vested interests had hatched a conspiracy against the administration to create unrest in Tripura and malign its image by uploading fake photographs of a burning mosque on social media after the October 26 incident.

  • Opposition parties slam Tripura government as police book 102 people under UAPA

    Express News Service

    GUWAHATI: The opposition parties in Tripura slammed the state’s BJP government as the police booked 102 people, including journalists, under the Unlawful Activities Prevention Act (UAPA) in connection with the recent violence in the state.

    The Congress demanded the immediate withdrawal of the cases while the CPI-M said the government demonstrated intolerance by resorting to UAPA.

    “The whole situation was created by them when some right-wing organisation (read Vishwa Hindu Parishad) took out a procession in protest against the incidents in Bangladesh and some participating in it torched a few houses and shops of the Muslims,” Congress’s state unit president Birajit Sinha said.

    He said there was no point stretching the case as normalcy has already returned in the state.

    “UAPA is a stringent law. We demand the government withdraw the case immediately and end the matter since normalcy has returned,” Sinha said.

    He criticised the Biplab Deb government for allegedly targeting some Supreme Court lawyers. He said they had visited the state to take stock of the incidents and hence, it was not fair to file cases against them.

    “They came for peace, not to create violence,” he added.

    The CPI-M said the government could have averted the incidents at Panisagar, Bishalgarh, Udaipur, Kumarghat, and Kailasahar if it had maintained a vigil.

    “Members of some organisations and individuals had visited the state to investigate the incidents and unravel the truth. They visited the sites of incidents and spoke to people, police, and the government. Without listening to them, the government filed cases against them under stringent laws. Such behaviour is intolerance and against the freedom of speech. It also goes against the Constitution,” the CPI-M said in a statement.

    The party criticised the government for choosing stringent laws over conventional laws to deal with the people.