Close on the heels of Punjab and Haryana High Court last week quashing a Unlawful Activities (Prevention) Act (UAPA) case on three Sikh youth (SDW Vol. 2 Issue 10, Story 4), on 7 Mar the Supreme Court of India quashed a First Information Report lodged against Professor Javed Ahmad Hajam, who hailed from Jammu & Kashmir and taught at a Kolhapur college in Maharashtra. The case was about a WhatsApp status in a group terming 5 Aug a ‘Black Day’ and celebrating Pakistan’s Independence Day. The Court observed, every individual must respect the right of others to dissent and an opportunity to peacefully protest against the decisions of the government is an essential part of democracy. The bench said, ‘If every criticism or protest of the actions of the state is to be held as an offense under Section 153-A of the Indian Penal Code, democracy, which is an essential feature of the Constitution, will not survive. The time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression.’ On 5 Mar, the Bombay High Court set aside Delhi University professor GN Saibaba’s life sentence — he is 90% plus disabled — and deemed the sanction for prosecution under the UAPA as ‘null and void.’ After a decade of imprisonment, Prof. Saibaba was released from Nagpur Central Jail on 7 Mar. These decisions might seem progressive but given the rot that has set in the system, they do not amount to much.
Like what you're reading? Subscribe to our top stories.
Liv Forum provides a digest of analysis on major issues facing Indian (East) Panjab and Sikhs globally.
In accordance with our Privacy Policy, we will never share or sell the information of our subscribers.
