Anti-terror laws being misused, says rights activist

October 15, 2012

v-suresh

New Delhi, October 15: “The real test to the adherence of human rights principles by any state happens at the time of terror or emergency, not during times of normalcy,” said PUCL national general secretary V. Suresh, while delivering the second Professor Iqbal Ansari Memorial Lecture on ‘Sedition, Anti-Terror Laws and Democracy’ at the Indian Law Institute here on Saturday.

Human rights is no luxury or privilege but a fundamental right of every Indian citizen, Dr. Suresh said, adding: “The anti-terror laws are being widely used against various sections of marginalised communities and religious minorities, especially Muslims. Now there is enough evidence to show that the police are working with the malicious intent to frame people of a particular community.”

Arguing that the amended Unlawful Activities Prevention Act, 1967 is more dangerous than the scrapped Prevention of Terrorism Act, he said safeguards against the possible misuse, which used to be there in laws like TADA and POTA, were quietly dropped in the amended UAPA.

“While POTA could not be registered by a police officer below the rank of SP, whose approval was required, UAPA did not have this clause. In the same manner, POTA required sanction at the time of filing of charge sheet, which was also dropped in UAPA,” argued Dr. Suresh.

Citing international standards, he said there was an urgent need to ensure the accountability of police officers. He appealed to the human rights community and activists to come together and fight draconian laws such as the one on sedition, the UAPA and the AFSPA, in order to restore “real democracy.”

He said it was high time “cases are filed against police officers who are found guilty of implicating innocents.”

Earlier, talking about sedition laws, advocate Mayur Suresh, a practising criminal lawyer and a researcher in the University of London asked, “If sedition [laws are invoked] for the suppression of political dissent, then why are Muslim youths being picked up randomly and booked for years together?” He said: “The test of sedition that the government seeks is, ‘have you expressed enough love for the nation? If not, then you are seditious.’ But the question is, how will love for [the] nation be judged?”


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Agencies
May 19,2020

New Delhi, May 19: Former Union Minister P Chidambaram said that as the fourth phase of the nationwide lockdown amid the coronavirus scare began from Monday, his thoughts were with the people of Kashmir who were in a "terrible lockdown within a lockdown."

The senior Congress leader said that at least now, the people in the rest of India will understand that he dubbed the "enormity of the injustice" done to those who were detained in Kashmir and those still under detention" immediately before and after the abrogation of Article 370 of the Indian Constitution on August 5, 2019.

Chidambaram said that former Jammu and Kashmir Chief Minister Mehbooba Mufti was the "worst sufferer" of preventive detention and even courts had shirked their constitutional duty with respect to detainees.

"The worst sufferers are Mehbooba Mufti and her senior party colleagues who are still in custody in a locked-down state in a locked-down country. They are deprived of every human right," he said in a statement.

"I cannot believe that for nearly 10 months, the courts will shirk their constitutional duty to protect the human rights of citizens," he added.

The detention on Mehbooba Mufti under the Public Safety Act (PSA) had been extended for three more months on May 5. Booked under the stringent PSA, she was initially kept at the Hari Niwas guesthouse in Srinagar but later shifted to a Tourism Department hut in the Chashma Shahi area.

She was shifted to her Gupkar Road official residence on April 7.

Besides Mehbooba Mufti, two other former Chief Ministers -- Omar Abdullah and his father Farooq Abdullah -- were also detained under the PSA but later released.

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News Network
March 12,2020

New Delhi, Mar 12: The Supreme Court told the Uttar Pradesh government on Thursday that as of now, there was no law that could back their action of putting up roadside posters of those accused of vandalism during anti-CAA protests in Lucknow.

An apex court bench refused to stay the March 9 Allahabad High Court order directing the Yogi Adityanath administration to remove the posters.

The top court, which grilled the Uttar Pradesh government for putting up such posters in public, described the plea as a matter that needed "further elaboration and consideration".

A vacation bench of justices U U Lalit and Aniruddha Bose said a "bench of sufficient strength" would consider next week the Uttar Pradesh government's appeal against the Allahabad High Court order directing the state administration to remove the posters of those accused of vandalism during anti-CAA protests.

It directed the apex court registry to put up the case file before Chief Justice of India (CJI) S A Bobde so that a "bench of sufficient strength can be constituted at the earliest to hear and consider" the case next week.

During the hearing, the bench told Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that it was a matter of "great importance".

It asked Mehta whether the state government had the power to put up such posters.

The top court, however, said there was no doubt that action should be taken against rioters and they should be punished.

Mehta told the court that the posters were put up as a "deterrent" and the hoardings only said that these persons were liable to pay for their alleged acts during the violence.

Senior advocate A M Singhvi, appearing for former IPS officer S R Darapuri whose poster has also been affixed in Lucknow, told the bench that the state was duty-bound to show the authority of law backing its action.

He said the action of the Uttar Pradesh government amounted to a "mega blanket" approach of naming and shaming these persons without final adjudication and it was an open invitation to common men to lynch them as the posters also had their addresses and photographs.

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News Network
May 29,2020

May 29: A total of 367 domestic flights, carrying 30,136 passengers, operated throughout the country till 5 pm on Thursday, Civil Aviation Minister Hardeep Singh Puri said.

Airports in West Bengal also started operations on Thursday, three days after domestic air travel resumed in India after a gap of two months.

All scheduled domestic passenger services were suspended in India from March 25 to May 24 due to restrictions in the wake of the coronavirus pandemic.

Earlier in the day, Puri had said that 460 domestic flights carrying 34,336 passengers were operated on Wednesday.

In the case of West Bengal, the minister on Sunday had said that the state will handle domestic flights from Thursday.

"Figures for domestic flights for 28th May 2020 are in. Departures 367, 30,136 passengers handled. Arrivals 310, 25,530 passengers handled. Total movements 677 with 55,666 passenger footfalls at airports.

 “Total number of flyers 30,136. These are numbers till 1700 hrs for Day 4," Puri said in a tweet.

A total of 428 domestic flights carrying 30,550 passengers and 445 domestic services carrying 62,641 flyers were operated in the country on Monday and Tuesday, respectively.

In February this year, when the lockdown was not imposed, around 4.12 lakh passengers travelled daily through domestic flights in India, according to Directorate General of Civil Aviation (DGCA) data.

During the pre-lockdown period, Indian airports handled around 3,000 daily domestic flights, aviation industry sources said. A total of 16 asymptomatic passengers on seven different flights including 13 of them who travelled by IndiGo have tested positive for COVID-19 since the resumption of domestic air services on Monday, according to airlines data.

Two of the three asymptomatic passengers who tested positive for the infection had travelled by Spicejet while one took a flight of Air India subsidiary Alliance Air.

The Karnataka government, meanwhile, said on Thursday it has requested the civil aviation ministry to reduce the number of flights originating from five states--Maharashtra, Gujarat, Tamil Nadu, Madhya Pradesh and Rajasthan--in the light of the high number of COVID-19 cases there, hours after a minister said it has "suspended" air travel from these states.

Seeking to clarify his statement, Law and Parliamentary Affairs Minister J C Madhuswamy maintained that Karnataka has not sought imposing a ban on flights from the five states as reported in some sections of the media. "India is flying high. Domestic operation figures for May 27, 2020 (till 23.59 hrs): Departures 460 with 34,336 passengers handled. Arrivals 464 with 33,525 passengers handled," Puri had said earlier in the day on Twitter.

If a flight takes off before midnight and lands in another airport after midnight, its departure and arrival are counted on different days, leading to a seeming mismatch in the figures of a particular day.

The Delhi airport, India's busiest airport, is scheduled to handle 147 departures and 145 arrivals on Thursday, said senior government officials. The Mumbai airport's operator MIAL said it handled a total of 50 domestic flights on Thursday. International passenger flights continue to remain suspended in the country.

Airports in West Bengal, Andhra Pradesh, Maharashtra, Telangana and Tamil Nadu have been allowed to handle a restricted number of daily flights as these states do not want a huge influx of flyers amid the rising number of COVID-19 cases.

While domestic services resumed in Andhra Pradesh on Tuesday, they restarted in West Bengal on Thursday.

Though domestic flight operations across the country began on May 25, they could not be restarted in Kolkata and Bagdogra as the state's machinery was involved in relief and restoration work after cyclone Amphan's devastation.

"Welcome Back, Passengers! Kolkata Airport saw the arrival of 122 passengers from @DelhiAirport after two long months and 40 passengers departed to Guwahati. Proper checks were followed, and regular sanitization was carried out in the terminal which was abuzz with passengers," the Kolkata airport tweeted.

On Thursday, eleven flights took off from Kolkata and an equal number arrived in the city, sources at the Netaji Subhas Chandra Bose International Airport said.

"A total of 1,745 passengers arrived and 1,214 passengers flew out of the city today (Thursday)," airport sources said.

The airports in Kolkata and Bagdogra are permitted to handle 20 daily flights each from Thursday onwards.

While it is not clear how many flights were handled by the Bagdogra airport on Thursday, the officials said 899 passengers arrived while 484 passengers departed from the airport during the day.

The West Bengal government recently came up with a set of guidelines for people arriving in the state on domestic flights.

According to it, those entering the state from Thursday must submit a self-declaration form, stating that they have not tested positive for COVID-19 in the past two months.

The passengers will also need to undergo health screening after they arrive at the airport, the state's guidelines said.

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