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26 Nov, 4 tweets, 1 min read
Scenes from a court after fundamental rights have been linked to fundamental duties.

Lawyer : My client has been jailed for writing against the government.

Judge : Why would anyone write against the govt? Is it something expected of a good citizen?
Lawyer : No my lord. But it may be seen that my client is a dutiful citizen. He has donated to the PMCARES . Has installed all apps of govt. He signs national anthem before movies. Regularly watches republic day parades and the channels of the Republic.
Judge : Oh okay. In that case, bail granted subject to condition that he will use social media only to retweet national leaders for next 10 days.

"once we perform our duties, rights will automatically be safeguarded"
***The thread is a satirical comment***

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More from @manuvichar

Manu Sebastian Profile picture
26 Nov
So on this #ConstitutionDay what do we see :
1. Nearly 10 lakh people in JK denied rights to access 4G internet despite SC pronouncements on proportionality principle.
2. Discussions about bringing State monitoring over citizens' decisions to choose life partner and religion.
3. A Supreme Court which is getting increasingly wary of holding the executive to account to the constitution.
4. Increased state intolerance towards citizen movements and protests. Use of sedition, NSA, UAPA to crack down dissent.
#ConstitutionDay
5. Parliament which acts like a rubber stamp passing laws without effective discussions.
6. Increased impunity for hate speech against minorities.
7. Election Commission not doing anything to control brazen communal propaganda in elections.

#ConstitutionDay2020
Read 5 tweets
Manu Sebastian Profile picture
24 Nov
It makes me proud to note that many important High Court judgments are brought to the public domain FIRST by LiveLaw @LiveLawIndia. The latest one is the recent Allahabad HC order on inter faith marriages.
This important order, which had been lying obscure, was traced out by @ISparshUpadhyay. Another recent example is the CIC's damning order in the Aarogya Seri RTI issue, which was discovered by Akshita @_Akshita_Saxena.
There are other examples too of LiveLaw sparking public discussions by bringing to public knowledge HC orders which were remaining unnoticed by many.
For eg :
1. Bombay HC order on vilification of Tablighi Jamaat followers.
2.Kerala HC order on right to access internet in hostels
Read 8 tweets
Manu Sebastian Profile picture
1 Oct
Studying some provisions of Indian Evidence Act in the light of #BabriVerdict

"A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory to the nature of the transaction" - illustration (f) of Section 9.
For example, if Advani & Co were heading the mob at Babri site, the cries of mob calling for demolition ("mandir waheen banaeenge" etc) are relevant facts to prove incitement.
#BabriDemolitionCase
#BabriMasjidDemolition
Criminal Conspiracy - Sec 10 says acts done by different members of conspiracy at different stages are relevant against each other in proving conspiracy, though the members may be strangers.
(In #BabriDemolitionCase, court said accused & kar sewaks are strangers to each other)
Read 7 tweets
Manu Sebastian Profile picture
30 Sep
From #BabriVerdict :
Court says :
1. No evidence that accused incited the mob on the day of demolition.
2. As to speeches, slogans etc., made earlier by accused, court refused to accept press reports, video tapes, photos as authentic. Newspaper reports hearsay evidence.
3. Court adopts a conspiracy theory in the form of an unverified intelligence report that anti social/anti-national elements could have assembled in the area under the garb of kar sewaks and surmises that they might have created trouble. (Quite astonishing!)
#BabriMasjid
4. No material to show accused raised provocative slogans.

5. Incident occurred suddenly and without provocation and accused did not themselves expect that it would happen, court says.
#BabriVerdict
#BabriMasjidDemolitionCase
Read 4 tweets
Manu Sebastian Profile picture
15 Sep
For legal recognition of same-sex marriages, better hope lies in the petition filed in Kerala HC than in the PIL before Delhi HC. The petitioners in the Kerala HC petition filed through @ManuSrinath are a gay couple, who seek registration under Special Marriage Act.
They are personally aggrieved & raise a constitutional challenge to provisions of the SMA. On the other hand, the Delhi HC plea is a PIL, with no personally aggrieved petitioners, who seek a declaration under Hindu Marriage Act (HMA) without raising any constitutional challenge.
So, Delhi HC has asked personally aggrieved petitioners to come on record.
Also, under HMA, marriage needs to be solemnized. So possibly there could arise questions of ritual sanction for same sex marriages, which could take the case to a different route.
Read 4 tweets
Manu Sebastian Profile picture
11 Sep
An impressively analytical order, which is quite rare in a UAPA case.

Books, Slogans, Diary Entries Etc, Not Evidence For UAPA Charges Without Overt Acts Of Violence Or Instigation :NIA Court

livelaw.in/news-updates/b…
A notable point in the order is that it gave effect to the phrase "further the activities" in Section 38/39 UAPA.
So a mere ideological leaning is not sufficient but there should be at least prima facie evidence to show some overt acts or instigation of violence.
Usually, the Courts ignore this limb of the Sec 38/39, and uncritically accept the theories of the prosecution, which very often blend fierce criticism of the establishment with terrorism. (For eg : Zafoora Sargar, Devangana Kalita cases).
Read 6 tweets

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