Anti-terror legislation shouldn’t be “misused for quelling dissent” Supreme Court Judge Dr Dhananjaya Yeshwant Chandrachud stated on Monday as he was addressing an occasion on the authorized ties between India and the United States.
“Criminal law, including anti-terror legislation, should not be misused for quelling dissent or harassment to citizens. As I noted in my judgement in Arnab Goswami vs the State, our courts must ensure that they continue to remain the first line of defence against the deprivation of liberty of citizens,” Justice Chandrachud stated.
“Deprivation of liberty for even a single day is one too many. We must always be mindful of the deeper systemic issues of our decisions,” he added.
He was talking at Indo-US Joint Summer Conference on Indo-US authorized ties.
The remarks come amid outrage over the dying of 84-year-old activist Stan Swamy, who arrested below the anti-terror law- Unlawful Activities Prevention Act or UAPA – within the Elgar Parishad case final 12 months. He died final week in Mumbai in the midst of his battle for bail on well being grounds.
Several different circumstances the place the UAPA was used have made headlines lately. Earlier this month, Assam chief Akhil Gogoi walked out of jail after 1.5 years. He was arrested over violent protests in opposition to the contentious citizenship legislation. Soon after his launch, he pledged to battle in opposition to the misuse of UAPA.
In one other case, a Kashmiri man, arrested on terror expenses, was launched a couple of weeks again – after a authorized battle of 11 years – on being discovered harmless.
During Monday’s occasion, Justice Chandrachud made a number of different remarks on Indo-US ties and stated the United States is a “torchbearer in promoting liberty, freedom of speech and expression and religious peace”.
“India, being the oldest and largest democracy, represents ideals of multicultural, pluralist society where their constitutions are focused on a deep commitment and respect for human rights,” he underlined.
The high courts in India and the United States have “both been termed as the most powerful courts in terms of their own might,” Justice Chandrachud additional stated, underscoring that the USA’s “influence on Indian jurisprudence cannot be understated”.
“It has contributed to the heart and soul of the Indian constitution,” he stated.
“One of the most cited anecdotes of American influence has been on the right to protection of life and personal liberty under Article 21 of the constitution, as against its conception in the Bill of Rights, which provides that no person shall be deprived of life, liberty, or property without due process of law,” he highlighted.
“(For) my judgement on decimalising same-sex relationship between adults, I relied on US Supreme Court decision in Lawrence Vs Texas,” he shared.
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