DATE OF THE ORDER:
15th June 2021
JUDGES:
Justice Suresh Kumar Kait
PARTIES:
Devangana Kalita (Petitioner)
State of NCT Delhi (Respondent)
SUBJECT
The court studied the scope and ambit of UAPA. The issue before the court was whether offences under sections 15, 17 & 18 of the UAPA are made out against the appellant? The court also discussed the right to protest and bail provisions.
OVERVIEW
- Devangana Kalita was a part of a women’s rights group called Pinjra Tod and other activistic groups such as Delhi Protests Support Group, the Jamia Coordination Committee, Warriors, and AuratonkaInquilab.
- Kalita was arrested in connection with protests held in Delhi in 2019 against the CAA. She had four FIRs registered against her.
- The allegations against the appellant are as follows:
i. That Kalita was engaged in a conspiracy to incite violence and riots.
ii. That the members Pinjra Tod decided to hold a chakkajam in North-east Delhi
iii. That Kalita distributed packets of chili powder, bottles, and stones to the protesters, with instructions to attack the police and the military with it.
iv. That the protesters used firearms, petrol bombs, acid, iron rods, knives, stones, etc., to terrorize people and the society at large.
- Learned counsel for the appellant had made the following submissions:
i. Kalita does not deny that she was part of the protests. She submits that she was not present at the said protest sites at the time when violence and riots broke out.
ii. Kalita denies being a part of the JCC WhatsApp group.
iii. That the court will find no reference to any specifics nor any evidence of the nature of injuries sustained nor any particulars of persons who may have died where she is alleged to have been present.
iv. That the ingredients of the offences alleged under sections 15, 17, or 18 of UAPA are not made-out
v. That no notice under section 41A Cr.P.C. was issued to the Kalita yet she was arrested almost three months after the date of registration of the FIR.
LEGAL PROVISIONS
- Section 45 of the UAPA- Cognizance of offences
- Section 15 of the UAPA- Terrorist act
- Section 18 of the UAPA- Punishment for conspiracy
- Section 17 of the UAPA- Punishment for raising funds for a terrorist act
- Article 19(1)(b) of the Constitution- To assemble peaceably and without arms
ANALYSIS OF THE ORDER
- Court has held in Asif Iqbal Tanha that the definition of ‘terrorist act’ under section 15 of UAPA is wide and vague and cannot be applied in a cavalier manner to criminal acts or omissions that fall within the definition of conventional offences under the IPC
- The allegations made against Kalita do not prima facie disclose the commission of any offence under sections 15, 17, and 18 of the UAPA.
- The court stated that the State has blurred the line between the constitutionally guaranteed ‘right to protest’ and terrorist activity
- The court granted regular bail to the appellant, subject to the following conditions:
a) The appellant shall provide a personal bond of Rs. 50,000/- along with sureties
b) The appellant shall provide a cellphone number on which he may be contacted to the Investigating Officer
c) The appellant shall reside at his place of residence as per prison records and shall inform the investigating officer if he changes the residence.
d) Appellant shall surrender his passport and shall not travel out of the country without prior permission.
e) The appellant shall not contact or offer any inducement, threat, or promise to any of the prosecution witnesses or other persons acquainted with the facts of the case.
CONCLUSION
The government has used strict laws like sedition and criminal defamation to crush criticism on several occasions. These laws are ambiguously worded and too broad, and they have been used as political tools against people who have demonstrated a movement toward "political crimes."
The UAPA is primarily an anti-terror law that is only intended to be used in extreme situations. However, it is being used indiscriminately by the government. According to the National Crime Records Bureau (NCRB), the number of cases filed under the UAPA increased the most in 2019.
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