UAPA Cases Would Increase; If The BJP Returned To Power|| SC Senior Advocate Colin Gonsalves

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Gonsalves referenced several instances where individuals were detained under UAPA without sufficient evidence, including Gautam Navlakha, members of the Pinjra Tod collective, Kishorchandra Wangkhem, Vernon Gonsalves, and G.N. Saibaba. He called for more “independent and free-standing” decisions from lower courts to prevent such arbitrary detentions.

Misuse of UAPA Law would Increase; If the BJP returned to power. SC Senior Advocate Colin Gonsalves

NEW DELHI: On 20th May: In a recent discussion on the Unlawful Activities Prevention Act (UAPA) in Delhi, Senior advocate Colin Gonsalves of the Supreme Court expressed grave concerns about the potential misuse of terrorism legislation if the current Government returns to power.

Speaking at the event titled “UAPA in Delhi: Punishment without Trial,” Gonsalves, the founder of the Human Rights Law Network, emphasized the perilous state of civil liberties in India.

Gonsalves highlighted that the country is at a critical juncture, warning,

“We will see the use of terrorism legislation in a manner that we’ve never seen before.” He cited the case of Prabir Purkayastha, the founder and editor of NewsClick, who was recently released after seven months of incarceration under the UAPA. The Supreme Court ordered his release on May 15, noting the lack of substantial grounds for his detention.

Cases Reflecting Arbitrary Detentions

Gonsalves referenced several instances where individuals were detained under UAPA without sufficient evidence, including Gautam Navlakha, members of the Pinjra Tod collective, Kishorchandra Wangkhem, Vernon Gonsalves, and G.N. Saibaba. He called for more “independent and free-standing” decisions from lower courts to prevent such arbitrary detentions.

Senior advocate Sanjay Parikh criticized the arbitrary application of UAPA, highlighting that the stringent provisions of the Act make securing bail nearly impossible. He drew a parallel between UAPA and the Terrorists and Disruptive Activities (Prevention) Act (TADA), noting that both place the burden on the accused rather than the prosecution. Parikh pointed out that the conviction rate under UAPA is only 27.57 percent, significantly lower than the 49.67 percent rate for cases under the Indian Penal Code (IPC).

Increase in UAPA Cases

Parikh provided a comparative analysis of UAPA cases under different political regimes, noting a sharp increase under the National Democratic Alliance (NDA). From 2009 to 2014, during the United Progressive Alliance (UPA) regime, 69 UAPA cases were registered, while the NDA regime has seen 288 cases to date. He stressed the importance of compensating those wrongfully incarcerated.

Supreme Court advocate Shahrukh Alam compared the treatment of protestors in India with those in the United States, pointing out the harsher penalties faced by Indian activists. Alam discussed the cases of Khalid Saifi and Asif Iqbal Tanha, who were charged under UAPA as “conspirators” in the 2020 Delhi riots.

Alam argued that mobilizing against the Citizenship (Amendment) Act (CAA) and articulating grievances is a democratic right, not a terror act.

“The prosecution argued, ‘we are opposing his bail because he used to visit mosques and speak to imams to mobilize them against the Citizenship (Amendment) Act (CAA).’ Isn’t that his democratic right? Similarly, in Umar Khalid’s case, the prosecution claimed, ‘this man is providing Muslims with a vocabulary to express their grievances.’ How is that problematic? It’s his democratic right.”

“CAA essentially conveyed to Muslims that while they may currently feel secure as citizens of India, this may not last. It told Muslims they cannot mobilize, and that their political actions will be judged and potentially labeled as acts of terrorism,” said Alam.

Nandini Sundar, a professor at the Delhi School of Economics, shed light on the ongoing violence in Chhattisgarh, where over 100 people have been killed in alleged encounters with Naxals since the BJP government took charge. Sundar asserted that many of these encounters are fabricated, pointing out that the lack of injuries among police personnel suggests the encounters are staged.

“Every week, people are being taken from their villages, and this has increased significantly in the past five and a half months since the BJP government assumed power. Over 100 people have been killed in alleged ‘encounters’ with the Naxals,” she said, adding, “Most of these encounters are staged. You can tell because no policemen are ever injured in these ‘encounters,’ which clearly indicates their fraudulent nature.”

The discussion, organized by Janhastakshep, a campaign against fascist designs, underscored the urgent need for judicial independence and adherence to constitutional rights. The speakers called for a reassessment of the UAPA’s application to ensure that it does not become a tool for political oppression.