New Delhi: The Supreme Court on Wednesday directed the Tripura police not to take any coercive action against three civil society members, including a journalist, in connection with an FIR lodged under harsh UAPA provisions against them.
Tripura police had brought the charges against advocates Mukesh of the People’s Union for Civil Liberties, and Ansarul Haq of the National Confederation of Human Rights Organisation, for participating in an independent fact-finding enquiry into the communal violence in which properties owned by Muslims and mosques were specifically attacked, allegedly by far-right Hindutva groups.
Police had charged journalist Shyam Meera Singh for merely tweeting “Tripura is burning” during the violence, his petition said.
Shortly after booking the three, the police had booked around 100 people under the UAPA for protesting, or even mentioning on social media, the recent communal violence.
A bench comprising Chief Justice N.V. Ramana and Justices A.S. Bopanna and Hima Kohli on Wednesday issued a notice to the Agartala police on the plea filed by the three against the FIR against them. Advocate Prashant Bhushan argued on behalf of the three.
“We welcome this relief – we were confident that what was had happened with us was completely illegal and with this order of the court there is hope that law and order can prevail in this country and its a setback to fascism and crackdowns by the state,” lawyer Ansarul Haque told The Wire.
Also watch | ‘Slapping UAPA Cases in Aftermath of Tripura Violence Shows Govt’s Incompetence’
The three members of the civil society have also challenged the constitutional validity of some provisions of the Unlawful Activities (Prevention) Act, 1967 on the grounds that the definition of ‘unlawful activities’ is vague and wide, and moreover, the statute makes grant of bail to accused very difficult.
Advocate Mukesh said that the relief was welcomed by his family as well and added that the UAPA will have a chilling effect on citizens and activists.
“It says that if you come in the way of the state, action will be taken against you,” he told The Wire.
Tripura police also proceeded to arrest two woman journalists who had travelled to the state on assignment. They eventually received bail but have not left the state yet. Media organisations across the country have, in the meantime, urged the police in the state to withdraw the cases against the two.
Journalist Shyam Meera Singh highlighted the above fact and said that the relief is limited in scope.
“This relief is limited to this day and this hour, we don’t know how long this relief will last. From Siddique Kappan to the women journalists reporting in Tripura, we can see a pattern of intimidation and harassment by the state. In Tripura for example, they were given relief in one case and then framed in another, so this relief will really mean something substantial when we have a government that actually listens to the Supreme Court,” he told The Wire.