Former judges express concern over UAPA’s ‘draconian’ provisions

March 14, 2017 12:21 am | Updated 12:21 am IST

Mumbai: “On May 1, 1956, freedom fighter Jayaprakash Narayan had written a letter to the then Prime Minister Jawaharlal Nehru. JP had written that 95% of the Muslims in Jammu and Kashmir do not want to be part of India, and it is unfair for India to rule Kashmir. If he were alive today, he could be arrested under the Unlawful Activities (Prevention) Act, for talking about secession,” said former High Court Judge Hosbet Suresh at a seminar in Marine Lines on Saturday.

The seminar organised by the People’s Movement against UAPA saw participation of a number of victims, former High Court judges, and police officers, who voiced their opinion against the anti-terrorism law. The UAPA was enacted post 26/11 attacks. Pointing out the ‘draconian’ provisions, K.P. Mohamed Sheriff, vice-chairperson of National Confederation of Human Rights Organisations, said, “Under Section 43(d) of the Act, there is no anticipatory bail or bail after arrest. One can be detained without a charge up to 180 days. The trials conducted are in-camera closed-room ones. There are provisions for secret witnesses. How can you ensure a fair trial under such a law? Even though thousands are languishing in jails, there is a conviction rate of only 1.8%.”

Kamal Faruqui, convener of the event, said the law acts as a tool for discrimination against the Muslims. “We have met politicians emphasising dangers of the UAPA. The law is against humanity. If a terrorist activity takes place, the police look for scapegoats. If they find and nab a Muslim, all hell breaks loose.”

Another member E.M. Abdul Rehman accused the judiciary of discrimination. “A few days ago, in the Ajmer Dargah blast case, Aseemananda was acquitted based on the benefit of the doubt. But in the G.N. Saibaba case, that did not happen.”

Arun Ferreira, an advocate who was arrested under the UAPA, said the police are given a free hand under the law.

Former Judge of the Bombay High Court B.G. Kolse Patil and former Inspector General of Police S.M. Mushrif were present.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.