The state's recent invocation of the stringent UAPA charges against author-activist Arundhati Roy and Central University of Kashmir professor Dr Sheikh Showkat Hussain, 14 years after the FIR was first registered, has raised concerns about bypassing the statute of limitation. In addition to IPC charges, the state has also imposed UAPA charges, which grant them more powers and allow them to relax timelines for filing chargesheets and impose strict conditions for bail. This move is crucial for the case to be accepted by the court, especially due to the stay on the sedition law by the Supreme Court.
Arundhati Roy's UAPA Charges: A Violation of Statute of Limitations and Judicial Process
Background
Arundhati Roy, an acclaimed Indian author and activist, and Dr. Sheikh Showkat Hussain, a professor at Central University of Kashmir, have been slapped with charges under the stringent Unlawful Activities (Prevention) Act (UAPA) by the state of Jammu and Kashmir. The charges stem from a First Information Report (FIR) filed in 2009, 14 years prior to the invocation of UAPA.
This belated application of UAPA has raised concerns about the bypassing of the statute of limitations. The Code of Criminal Procedure (CrPC) in India prescribes specific time limits for filing chargesheets, including a three-year limit for offenses under the IPC. By invoking UAPA after this period has elapsed, the state is effectively circumventing the law.
UAPA's Implications
UAPA is a law designed to combat terrorism and other unlawful activities. It grants law enforcement agencies additional powers, including the ability to:
The invocation of UAPA in this case is significant because it could potentially lead to Roy and Hussain being held in custody for prolonged periods without trial.
Concerns Raised
The state's move has sparked widespread criticism from legal experts and human rights activists. Key concerns include:
Top 5 FAQs
The state has not provided a clear explanation for the delay. Some speculate that it is part of a wider crackdown on dissent and activism in Kashmir.
The charges include "unlawful activities," "promoting enmity," and "inciting violence." However, the exact nature of the allegations has not been disclosed.
UAPA grants the state more powers to detain Roy and Hussain without charge and impose stricter bail conditions. It also relaxes timelines for filing chargesheets.
The court has accepted the state's application to invoke UAPA. Roy and Hussain are currently out on bail but are required to surrender their passports and report regularly to the police.
The use of UAPA against Roy and Hussain has sent a chilling message to activists and journalists, raising concerns about the shrinking space for dissent in India.
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