Skip to main content

Withdraw prosecution against Disha Ravi, Nikita Jacob, Shantanu Muluk: PUCL

Counterview Desk 

Asking the Government of India to “stop witch hunt” and “drop all false and motivated cases”, India’s premier human rights organisation, People’s Union for Civil Liberties (PUCL) has said that Disha Ravi’s case suggests how the law and order authorities are failing to respect “the fundamental right of free speech, dissent, assembly and association.”
In a statement signed by Mr. Ravi Kiran Jain, President, and Dr. V. Suresh, general secretary, PUCL said, the court judgment granting Disha Ravi bail should make the government realize “the error of its ways and withdraws this egregious prosecution against Disha Ravi, Nikita Jacob and Shantanu Muluk.”
It added, “This is vital as though Disha Ravi is out on bail, this case will continue unless the government takes proactive action to stop this malicious prosecution of India’s young climate activists.”

Text:

The PUCL welcomes the order of the Delhi Sessions Court on February 23, 2021, granting bail to Disha Ravi, a 21 year old resident of Bengaluru who was unjustly incarcerated for offences under Sections 124A, 153A and 120B of the Indian Penal Code (IPC), 1860. Ms. Ravi suffered a series of egregious violations including abduction by the Delhi police from her home in Bengaluru in brazen violation of all legal procedures and constitutional protections, denial of the right to legal representation and most egregious of all- invocation of the sedition law for the mere fact that she choose to exercise her right to thought, expression and association.
The Sessions Judge in his order has vindicated the struggle of the many ordinary citizens across the country who were outraged at this executive outreach and registered their outrage through protests, candle light vigils and open letters to the Government.
In his order the Sessions Judge has clearly stated that, ‘citizens are conscience keepers of government in any democratic nation. They cannot be put behind bars because they choose to disagree with the State’s policies.’ He has delivered a fitting rebuke to the authorities by his scathing observation that, ‘the offence of sedition cannot be invoked to minister to the wounded vanity of the governments’.
It is also noteworthy that the order expressly says that the prosecution’s evidence of sedition which included pictures of protests with a tag line saying, ‘To stand up against India’s failing democracy(at the behest of the fascistic ruling party, RSS-BJP’, was dismissed with the learned judge saying, ‘i find absolutely nothing objectionable in the said page’.
The Learned Judge correctly appreciated the contours of sedition noting that, ‘imputations may be false, exaggerated or even with a mischievous intent but the same cannot be stigmatized being seditious unless they have a tendency to foment violence’.
The PUCL hopes that both the Delhi Police and the Union government views this order as a reminder that as far as the Indian Constitution is concerned, neither is speaking out a crime and neither is speaking to an international audience a crime. As the Learned Judge rightly reminded us that as far as this five thousand year old civilization is concerned, as the Rig Veda puts it, ‘Let noble thoughts come to me from all directions’.
The State should recognise as the Learned judge notes, ‘an aware and assertive citizenry, in contradistinction with an indifferent or docile citizenry, is indisputably a sign of a healthy and vibrant democracy’.
Citizens are conscience keepers of government in any democratic nation. They cannot be put behind bars because they choose to disagree with the state’s policies
PUCL hopes that the Government realizes the error of its ways and withdraws this egregious prosecution against Disha Ravi, Nikita Jacob and Shantanu Muluk. This is vital as though Disha Ravi is out on bail, this case will continue unless the government takes proactive action to stop this malicious prosecution of India’s young climate activists.
As the Learned Judge clearly recognized, the FIR in this case, makes a mockery of the Indian Constitution by its strained effort to paint dissent, disagreement and protest as a grand anti-national conspiracy. The FIR paints what is a constitutional right in a democracy, namely solidarity actions in support of millions of Indian farmers such as ‘recording videos’, ‘organising gatherings’ and ‘taking pictures’ of protests as tarred with ‘illegality’ and besmirched with anti national sentiment. Perhaps the heights of the paranoia of an insecure government is revealed when the FIR wildly indicts protests to target ‘symbols’ of Indian culture like yoga and chai.
If we aspire to safeguard the future of our youth, then the government must stop persecuting India’s youth through the sedition law. The law on sedition, like the UAPA, has today become a tool to curb youthful curiosity and the passion of young people to make the world a better place by punishing criticism and crushing dissent. These laws must be repealed if we want India to awaken into that haven of freedom which our great national poet, Rabindranath Tagore dreamed of in which the ‘mind is without fear and the head is held high’.
We demand that
  • The state withdraws prosecution against Disha Ravi, Nikita Jacob, Shantanu Muluk and all others being falsely implicated in this frivolous conspiracy case.
  • Section 124-A of the IPC be repealed.
  • The Central government and other governments should immediately stop the witch hunt of young people, farmers and activists who are expressing their fundamental right to free speech, dissent and assembly seeking accountability, transparency and responsibility from the government, its agencies and officials.
  • Laws such as UAPA which criminalise the freedom to think, express and associate must also be repealed immediately.

Comments

TRENDING

Civil society at a crossroads: Service delivery vs. rights in the fight for social change

Counterview News   In the latest episode of the podcast Unmute , hosts Gagan Sethi and Minar Pimple convened a profound conversation with two veteran development practitioners to dissect a persistent tension within civil society: the perceived divide between service delivery and the struggle for rights. The episode, titled "Beyond Service Delivery: Civil Society, Rights, and the Politics of Social Change," featured Apoorva Oza , a development practitioner with decades of experience in rural development and institution-building, and Professor Dipa Sinha , a development economist known for her work on food, nutrition, gender, and social policy.

Bangkok IMF-World Bank meetings: New reports put India's debt, climate, accountability crisis in focus

Counterview News   As the World Bank and International Monetary Fund (IMF) concluded their Annual Meetings in Bangkok this week, civil society groups and policy experts outside the official proceedings released two critical documents challenging the institutions' legacy and prescriptions for Asia, calling for a fundamental overhaul of the global financial architecture.

European banks accused of coal double standard after shunning Adani’s Galilee mine in Australia

By Rajiv Shah    European banks that helped shut down Adani ’s Galilee Basin coal frontier in Australia a decade ago are now bankrolling a far larger coal expansion just 150 kilometres away, according to a new report from Reclaim Finance and partner NGOs. The study , "Coal Hypocrisy: European Banks’ Double Standard on Thermal and Metallurgical Coal in Australia", finds that 19 European banks provided US$30.3 billion to companies planning metallurgical coal expansion in Queensland’s Bowen Basin between 2021 and 2025, out of a total of US$105.9 billion from international banks.