Skip to main content

Vengeful, spiteful, unconstitutional: PUCL on travel ban on anti-BJP journalist-activists

Counterview Desk 
Taking strong exception to travel ban, imposed on journalist-activists Aakar Patel and Rana Ayyub, known critics of the ruling BJP, the People’s Union of Civil Liberties (PUCL), India’s premier human rights organisation, has has qualified it as an act of censorship of dissent”, stating, it is nothing but “an act of betrayal of the Indian constitution and diminishes Indian democracy.”
In a signed statement PUCL general secretary Dr V Suresh said, “We urge the Government to allow for the free play of dissenting voices as that is the mandate imposed upon them by the Indian Constitution which they have sworn to uphold. We demand that the government refrain from the unconstitutional use Look Out Circular as a policy tool to stifle legitimate criticism.
The statement demanded that the government immediately issue public apology to both for “the unconscionable and unconstitutional actions of preventing them from expressing their constitutional rights of expression and movement.”

Text:

On April 6, 2022, Aakar Patel, well known human rights activist and journalist, was prevented by Immigration authorities in Bengaluru airport from catching a flight to the US and forced to turn back. Aakar Patel was on his way to speak at various universities in the US. The basis of the denial to fly out of the country was a “Look-Out Circular” (LOC) allegedly issued by the CBI.
PUCL strongly condemns the actions of the Government of India to arbitrarily and capriciously abuse its power to detain or block prominent and well known persons like Aakar Patel just at the time when they are about to leave for scheduled visits abroad, details of which have been informed to the authorities.
What exposes the sinister and motivated act of the Government of India is that Aakar Patel was travelling abroad only after obtaining permission from a Court in Surat which permitted return of his passport deposited in the Court, to enable him to travel to the US. The Court order was passed only after the Gujarat state police and the government were informed of Aakar Patel’s request to travel abroad and fiercely opposed the petition.
Eventually, the Court permitted him to travel only after he gave full information to the Government authorities about his tour plan, addresses of places he was planning to stay and tour itinerary, which included lectures in the New York University and Berkeley. Very importantly, Aakar complied with the condition of the Court to deposit Rs 2 lakh as condition for permission for return of passport to enable him to travel between March 1 and May 30, 2022.
It should be pointed out that the government did not disclose before the appropriate court which legally permitted Aakar to travel, that there was a travel ban by virtue of an existing CBI case. It is in this background that the actions of the government to block Aakar Patel from travelling is illegal and reprehensible.
It is important to note that such a circular has no statutory or legal basis and is a misuse of executive power to impose what is in effect a de-facto travel ban.
The action of the Government of India is nothing but vengeful and spiteful as Aakar Patel has been a trenchant and strong critic of the ruling BJP government and has exposed and opposed its anti-democratic, unconstitutional an anti-people policies, laws and actions.
A week earlier, on March 29, 2022, another prominent journalist, Rana Ayyub was also prevented from travelling abroad to address an international journalism festival as well as speak at the office of prominent global newspaper, the “Guardian”, in London.
Rana Ayyub was not given any written intimation about the reason for Immigration department not allowing her to fly but was orally told that the Enforcement Directorate will be emailing summons to her. Two hours after her detention at the airport, ED issued a summons to her. Though later, the Delhi High Court has permitted her to travel, the fact remains that the Central Government brazenly and arbitrarily abused its power to violate the fundamental right of Rana Ayyub to travel, free speech and dissent.
Both Rana Ayyub and Aakar Patel are prominent journalists and well known citizens, who by no stretch of imagination can be put in `flight risk’ category or list of people who will try to escape the law. In a similar case adjudicated by the Delhi High Court the Court held that a person going to attend a conference to express an opinion which may not be palatable to the government cannot be stifled. As the Court noted in `Priya Pillai v. Union of India’.
The Government of India is in effect misusing its executive power to censor a person’s political opinion
Amongst the varied freedoms conferred on an individual (i.e., the citizen), is the right of free speech and expression, which necessarily includes the right to criticise and dissent. Criticism, by an individual, may not be palatable; even so, it cannot be muzzled.
What both decisions have in common is that they target prominent critics of the government who are very articulate, expressive and well informed critics of the Central government and its anti-people policies.
In effect, by not allowing dissent its rightful constitutional place, the government is proving its critics right, namely that the Central government is so intolerant of criticism that it will not shy away from brazenly abusing the various instrumentalities at its disposal, from the ED to the CBI, to prevent its critics from speaking out. The government is in effect misusing its executive power to censor a person’s political opinion.
This is a matter of deep shame for a country which prides itself on being the world’s largest democracy. If democracy is to mean anything at all, it should mean that criticism even fierce criticism which the government perceives to be unfair, is accepted with good grace. As Gandhiji said in the context of India’s struggle for independence:
“We must first make good the right of free speech and free association before we can make any further progress towards our goal. [...]We must defend these elementary rights with our lives. Liberty of speech means that it is unassailed even when the speech hurts; liberty of the press can be said to be truly respected only when the press can comment in the severest terms upon and even misrepresent matters…”
Every action of censorship of dissent is an act of betrayal of the Indian constitution and diminishes Indian democracy.
We urge the Government to allow for the free play of dissenting voices as that is the mandate imposed upon them by the Indian Constitution which they have sworn to uphold. We demand that the Government refrain from the unconstitutional use LOC’s as a policy tool to stifle legitimate criticism.
We also demand that the travel ban imposed on Aakar Patel, as also on Rana Ayyub, be immediately rescinded and a public apology be tendered to both of them for the unconscionable and unconstitutional actions of preventing them from expressing their constitutional rights of expression and movement.

Comments

TRENDING

India's chemical industry: The missing piece of Atmanirbhar Bharat

By N.S. Venkataraman*  Rarely a day passes without the Prime Minister or a cabinet minister speaking about the importance of Atmanirbhar Bharat . The Start-up India scheme is a pillar in promoting this vision, and considerable enthusiasm has been reported in promoting start-up projects across the country. While these developments are positive, Atmanirbhar Bharat does not seem to have made significant progress within the Indian chemical industry . This is a matter of high concern that needs urgent and dispassionate analysis.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Remembering a remarkable rebel: Personal recollections of Comrade Himmat Shah

By Rajiv Shah   I first came in contact with Himmat Shah in the second half of the 1970s during one of my routine visits to Ahmedabad , my maternal hometown. I do not recall the exact year, but at that time I was working in Delhi with the CPI -owned People’s Publishing House (PPH) as its assistant editor, editing books and writing occasional articles for small periodicals. Himmatbhai — as I would call him — worked at the People’s Book House (PBH), the CPI’s bookshop on Relief Road in Ahmedabad.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Muslim women’s rights advocates demand criminalisation of polygamy: Petition launched

By A Representative   An online petition seeking a legal ban on polygamy has been floated by Javed Anand, co-editor of Sabrang and National Convener of Indian Muslims for Secular Democracy (IMSD), inviting endorsements from citizens, organisations and activists. The petition, titled “Indian Muslims & Secular Progressive Citizens Demand a Legal Ban on Polygamy,” urges the Central and State governments, Parliament and political parties to abolish polygamy through statutory reform, backed by extensive data from the 2025 national study conducted by the Bharatiya Muslim Mahila Andolan (BMMA).

As 2024 draws nearer, threatening signs appear of more destructive wars

By Bharat Dogra  The four years from 2020 to 2023 have been very difficult and high risk years for humanity. In the first two years there was a pandemic and such severe disruption of social and economic life that countless people have not yet recovered from its many-sided adverse impacts. In the next two years there were outbreaks of two very high-risk wars which have worldwide implications including escalation into much wider conflicts. In addition there were highly threatening signs of increasing possibility of other very destructive wars. As the year 2023 appears to be headed for ending on a very grim note, there are apprehensions about what the next year 2024 may bring, and there are several kinds of fears. However to come back to the year 2020 first, the pandemic harmed and threatened a very large number of people. No less harmful was the fear epidemic, the epidemic of increasing mental stress and the cruel disruption of the life and livelihoods particularly among the weaker s...

Farewell to Robin Smith, England’s Lionhearted Warrior Against Pace

By Harsh Thakor*  Robin Smith, who has died at the age of 62, was among the most adept and convincing players of fast bowling during an era when English cricket was in decline and pace bowling was at its most lethal. Unwavering against the tormenting West Indies pace attack or the relentless Australians, Smith epitomised courage and stroke-making prowess. His trademark shot, an immensely powerful square cut, made him a scourge of opponents. Wearing a blue England helmet without a visor or grille, he relished pulling, hooking and cutting the quicks.