Govt wants UAPA, Kashmir to be kept under wraps: Aakar Patel

Rachana Ramesh| NT

 Bengaluru

A panel discussion on ‘Criminalisation of Activism’ was held on Saturday to discuss the recent judicial developments in the Supreme Court. The Supreme Court’s decisions in Zakia Jafri v State of Gujarat, Himanshu Kumar v Union of India as well as in Vijay Madanlal Choudhary v Union of India which upholds the constitutionality of the PMLA (Prevention of Money Laundering Act) were discussed.

Speaking about what Amnesty International as an organisation is facing, Aakar Patel, journalist and writer, said, “The government does not want us to work on things such as UAPA (Unlawful Activities Prevention Amendment) and the issue in Kashmir. These are issues that irk the government and the industrialist bodies that the government is close to.”

 He said that the government has been controlling free speech on social media through the corporations that own it. “We have some space available, and it must be made use of. The battle is in the bar and bench space, where we will require fine lawyers, who have been more ethical and moral than my own tribe of journalists,” he explained.

 Radhika Chitkara, a doctoral fellow at the National Law School of India University (NLSIU) spoke of the PMLA act and other draconian laws that vest immense powers in favour of the state. “Using the device of special procedures, the state denies personal liberties without due process.

 While there has been a lot of discussion about how procedure comes in the way of justice and obstructs it, it is not merely a technicality but something through which one can demand accountability,” she said and went on to explain the special procedures in the PMLA act that does not allow to keep checks and balances with the state power.

 “The accused has the right to be presumed innocent until proven guilty. The state then must justify its action by evidence and witnesses,” Radhika said and elaborated on how the burden of proof is on the accused in such acts.

 “About 124 convictions that have resulted in life imprisonment, in respect to post-Godhra related offences were secured because of the singular effort made by Teesta Setalvad, who repeatedly approached the doors of the court to provide justice to the victims.

 By the virtue of these judgments, she is being targeted today,” said Ravivarma Kumar, Senior Advocate Professor and Former Advocate General.

“She is being deemed as an author of a larger conspiracy today but her work was taken into account by the same courts a few years ago. Why is it being considered an offence today?” he questioned.

Ramabhai Teltumbde, wife of Anand Teltumbde and granddaughter of B R Ambedkar was also present at the event. She said the pace at which the fight against the incarceration of the Bhima Koregaon case accused needs to be picked up. A letter written to Anand on the occasion of his 73rd birthday was read out loud and signed by the audience later.

 The event was jointly organised by All India Lawyers Association for Justice (AILAJ), Association for Protection of Civil Rights, Karnataka (APCR), and People’s Union for Civil Liberties, Karnataka (PUCL-K).