Umar Khalid Bail Hearing Adjourned: 5 Lapses in Police's 'Delhi Riots Conspiracy Case' https://www.youtube.com/watch?v=8N7A7iUpk3g The Wire Jul 13, 2023
Umar Khalid, who received PHD from JNU, has been in jail for more than 1000 days, on serious charges like UAPA. Delhi Police had said that Umar Khalid is the main accused in Delhi riots of 2020. Umar Khalid's bail hearing was to be held in the Supreme Court on July 12, but the government's counsel sought more time, after which Umar's hearing would be held on July 24, said a bench comprising Justices Bopanna and Justice Sundaresh. If there were so many serious crimes then why did it take so long to arrest Umar? That is, what is the logic behind the arrest of the main accused in an incident that took place in February 2020 in September 2020? In today's video, we will take a look at many such shocking and startling facts.
The Telangana government is said to have decided not to pursue the Unlawful Activities (Prevention) Act (UAPA) case filed against Prof Haragopal, Sudha Bharadwaj, and 150 others after chief minister K. Chandrashekar Rao directed the state police chief to “drop” the case, The Hindu reported.
Sources quoted in the Hindu report said the chief minister inquired about the history of the case with the director general of police (DGP) Anjani Kumar and commented on the need to slap such a “draconian law” in the case. The state police is now looking into the case to see if it can be diluted.
The judgments in Jyoti Jagtap and Umar Khalid show that the courts continue to be sites of contestation when it comes to UAPA, state and prosecutorial impunity, and under-trial incarceration. These two judgments belong to the “executive court” tradition, where the language of the court resembles – and often goes beyond – the language of the executive. In UAPA bail cases, the executive court’s judgments are marked by how judicial reasoning fills in the gaps in the prosecution’s case with inferences and assumptions, and innocuous and political legitimate forms of dissent are rendered illegal by transplanting them into a “larger conspiracy”, and how the issue of the conspiracy itself remains an assumption.
As we have seen, however, this is not the only way under the UAPA: the 2021 and 2022 bail judgments – that also come from the Bombay and Delhi high courts – show how a judiciary that is sensitive to the claims of individual liberty can act under the confines of the UAPA.
Much, therefore, will depend upon which of these two approaches, over time, finally transforms into “settled law”: in the meantime, each individual case represents an important site of the legal and constitutional struggle against the UAPA’s entrenchment of state impunity.
by Gautam Bhatia
UAPA judgment isn’t isolated case. Judiciary changing lanes from reformation to retribution? https://www.youtube.com/watch?v=5bh5XAlF5x0 Apr 1, 2023 Two contradictory judgements, the Rajasthan High Court underlining the perils of UAPA, and the Supreme Court strengthening it further, have come in the same week. Judiciary, lately, has progressed from a reformative institution to a retributive one. Shekhar Gupta.
UAPA judgment isn’t isolated case. Judiciary appears to be changing lanes from reformation to retribution
Two contradictory court judgments this week raise an uncomfortable question: Has the judiciary, from the trial court to the Supreme Court, moved from a reformative institution to a retributive one?
1 April, 2023
Mere membership of a banned organisations.. UAPA
Unlawful Activities Prevention Act-UAPA का दुरुपयोग कब रुकेगा https://www.youtube.com/watch?v=lDmFGtiVa3o
Oct 15, 2022 गैरकानूनी गतिविधि रोकथाम अधिनियम (Unlawful Activities Prevention Act-UAPA), 1967 की नागरिक समाज द्वारा आलोचना की जाती रही है। यह संविधान द्वारा प्राप्त असहमति की स्वतंत्रता, विधि के शासन और निष्पक्ष परीक्षण के विरुद्ध है। सुप्रीम कोर्ट के चार पूर्व न्यायाधीशों ने भी (यूएपीए) पर दंडात्मक प्रावधान को निरस्त करने की वकालत की थी। UAPA का आमतौर पर असंतोष को दबाने और सरकार से सवाल पूछने वाली आवाजों को दबाने के लिए दुरुपयोग किया जाता है।
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