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THREAD: @aimim_national President and Hyderabad MP @asadowaisi opposed The Unlawful Activities (Prevention) Amendment Bill, 2019 in Lok Sabha today, and dedicated his speech to all those people who have lost their livelihood under this 'draconian' Act.
1. Our freedom fighters fought to free this country from the clutches of the British not only for independence but to ensure that we have due process and we follow the rule of law. By bringing such a bill, the @narendramodi government is disrespecting our freedom fighters.
2. The Bill violates Articles 14 and 21.
The government is taking over judicial independence which is guaranteed under Article 50.
3. One can only be called a terrorist if the court convicts the person in question. One cannot be called a terrorist on the basis of a feeling or on a mere suspension. Such a 'designation' will lead to social ostracization.
4. In V.G. Row vs The State of Madras, SC said that designation without a judicial review was unconstitutional. But, there's no judicial scrutiny. In Maneka Gandhi vs The Union of India, the court said not following judicial scrutiny is against the principles of natural justice.
5. The government is keen on destroying an Indian’s reputation, freedom and personality without following the procedure laid down by the Code of Criminal Procedure (CrPC)
6. Clause 11 of the Amendment Bill seeks to insert ‘as amended from time to
time’ & 'International Convention for Suppression of Acts of Nuclear Terrorism'
Isn't this a question mark on our Parliament’s sovereignty? A law subscribing punishment has to be passed in our Parliament
7. The government is outsourcing its nationalism to some international convention! Is this the nationalism of the Government? Clause 11 undermines the dualist nature of the Indian polity.
8. Both ICCPR and ICHCR clearly say that a fair trial is required. Under the UAPA Bill, the presumption of guilt is on the accused, which is a violation of ICCPR Article 14.
9. Security Council Resolution 1373 clearly says that you cannot violate ICCPR.
Resolution 1535 says that any law you make to counter terrorism must comply with international human rights, which is again a violation.
10. @narendramodi @AmitShah say that they have zero tolerance towards terrorism
What about zero-tolerance towards the miscarriage of justice? 3 days
ago, four boys from Amroha, UP were released by NIA after they spent seven months in custody. Will govt suspend those officers?
11. I blame the @INCIndia party for bringing this law in the first place. They are the main culprits of bringing this law. When they are in power they are bigger than BJP, when they lose power they become the big brother of Muslims.
12. Clause 2 will allow the seizure of property by NIA.
Where is the judicial scrutiny? Can a policeman apply a judicial mind? No.
How can then the NIA take the State property? This is a violation of federalism.
13. @INCIndia is also responsible for Section 58 in POTA. And now they just sit and sermonise.
Who are the victims? I wish and pray that a topmost Congress leader should go in under UAPA and spend at least 10 months. And, perhaps then they will realise my pain.
14. Bail provisions in both this Bill and PMLA are 'ad verbatim'. In Nikesh Tarachand Shah vs Union of India, the SC said on PMLA that it was draconian, it reverses the presumption of innocence. Will the government follow that SC judgment?
15. India has created a world record in time-period of police detention, as on the basis of suspicion one can be kept under police custody up to six months, while in the United Kingdom it is just 28 days and in the US it is two days. baffling, isn't?
16. @AmitShah the Home Minister wants tough laws. Wasn't he the Home Minister of Gujarat when Akshardham incident took place?
No one knows who killed those innocent people but 4 boys lost 11 years in prison.
IPC is good enough. A bad craftsman will always blame its tools.
17. We endorse the Universal Declaration of Human Rights. In UDHR, it is said that man has a right to rebel against tyranny. These laws will force people to rebel against tyranny.
18. I hope that this govt will have a zero-tolerance against the miscarriage of justice because we have not got justice from either @BJP4India or @INCIndia. I condemn them both. All such draconian laws have only been used against Muslims and Dalits.
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