In a recent interview, Senior Advocate and Rajya Sabha MP Kapil Sibal expressed deep concerns about the misuse of the Prevention of Money Laundering Act (PMLA), describing it as an “instrument of oppression” used to terrorize people, particularly targeting opposition leaders. His comments come at a time when the nation grapples with the balance between law enforcement and civil liberties.
Sibal, in conversation with journalist Nidhi Razdan, highlighted the alarming trend of arbitrary arrests and the difficulty in obtaining bail, questioning the direction in which the nation is headed.
“Today, the situation in our country is anybody can be arrested at any time and the courts will not give you bail,”
Sibal stated, emphasizing the plight of those who lack the resources to fight prolonged legal battles.
Reflecting on the laws such as the Unlawful Activities (Prevention) Act and PMLA, Sibal acknowledged that while these laws were enacted during the Congress government’s tenure, they were never intended for such misuse.
“We may have brought in PMLA but we never knew that the PMLA could be used in this fashion and we never used it in that fashion… All laws are fine, it is only the misuse of the laws that leads to this,”
he remarked.
The senior advocate also touched upon the broader issues of violence, hate speech, and religious disharmony in the country, lamenting the lack of judicial cognizance and action in such matters.
“Liberty is dead in India. No Constitution, no law, no court can save it because it is dead in the hearts of men and women in India including the courts,”
he categorically stated.
Sibal criticized the current state of the judiciary, suggesting that the courts tend to
“go along with the tide”
in an oppressive environment, though he did acknowledge the efforts of some judges who strive to uphold justice.
The interview also covered the recent News Click case, where Sibal is representing the Chief Editor arrested under the UAPA. He questioned the rationale behind the arrest, pointing out the lack of evidence of any act of terror. Sibal condemned the police’s seizure of devices without warrants, calling it a violation of privacy and due process.
In light of the proposed new bill to substitute the Indian Penal Code, Sibal warned of the broad and potentially oppressive definitions of terrorism that could further enable the government to stifle dissent.
The conversation with Sibal sheds light on the critical state of civil liberties in India, raising important questions about the role of laws, the judiciary, and the government in safeguarding the democratic fabric of the nation.