Let's be very clear that what Salve wants to do here is to effectively kill the right to protest by firing from the court's shoulder. It's the easiest thing for State agents to infiltrate a peaceful protest, cause violence, and then leave the "organiser" to bear the brunt.
In fact that's what the UP government has been up to with its ordinances. Make sure nobody ever calls a (peaceful) protest, because even if somebody totally random causes violence, the state can swoop down, confiscate your property, and put you in jail.
I know that these days the heavens fall if Salve is not given priority audience by the Supreme Court for any matter, but let's also be clear that what he is advancing here is an authoritarian State agenda, and no amount of "don't judge lawyer by client" nonsense can mask that.

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More from @gautambhatia88

10 Nov
Finished reading "Unclaimed Harvest: An Oral History of the Tebhaga Women's Movement", by Kavita Punjabi:


What a wonderful and haunting book. <thread>

As the name suggests, the book is about the Tebhaga Movement (1946 - 1948), which was a peasant-led movement in Bengal, demanding 2/3 of the harvest for the tiller.


It eventually turned into an armed insurrection and was put down with force. (2/n)
Punjabi's focus is on the (prominent) role of women in the movement, which she reconstructs through oral interviews and testimonies, taken many years after it was over.

Read 10 tweets
3 Oct
Finished reading @aptshadow's The Doors of Eden. Whew. It's a really good book, and you should read it. A brief thread with some of my favourite passages (no spoilers):

"But this is still made landscape. We can never return it to what it was. The land is never still, and what we've made here cannot change and grow like a land should. It is a garden, but a garden is better than a wasteland."

"He was not good. He was good. He was not bad.

There are shades of qualities that your language does not accommodate. Between us there was not love or love but love. Love is pain sometimes. Sometimes pain is good ... complicated things."

Read 7 tweets
3 Oct
A quick note on phone tapping. It is, unfortunately, something that is left to the arbitrary discretion of the government, and at the root of this situation (unsurprisingly) is a bad Supreme Court judgment:


In PUCL v Union (1997), it was argued that, given the serious privacy issues involved, phone tapping cannot take place without judicial authorisation. Unfortunately, the Court did not agree, and instead laid down some guidelines, for bureaucratic authorisation.

To be honest, given the way magistrates mechanically allow remand applications and higher courts deny bail where fundamental issues of liberty are involved, I'm no longer confident that that would have made any difference, but that's another debate.

Read 7 tweets
27 Aug
Some thoughts on this deep dive by the @EconomicTimes into the making of the Data Protection Report (article unfortunately paywalled, but honestly, just this one alone is worth the subscription).


@EconomicTimes When the Data Protection Report came out, many of us voiced concern about how surveillance reform was completely excluded.

Now it turns out that the same people who were drafting the Data Protection Report were also advising government on NATGRID.

@EconomicTimes And not to mention, had argued against the right to privacy in the Supreme Court.

You may have the best will in the world, but simultaneously advising the government on how to facilitate a national surveillance database, while drafting a data protection report...?

Read 8 tweets
26 Aug
1. For a while, some of us have been expressing concern about the role of private, unaccountable legal think tanks in framing important laws. These pieces in the Economic Times and in the Caravan exemplify these concerns.



2. These pieces show how independent legal consultancy can become a guise for either pushing private interests behind closed doors, or facilitating the political executive in undermining rights.

3. It is important to stress that this is not about a clash of personalities or about any one set of people; but about an exclusionary process of law-making, riddled with secrecy and conflicts of interest.

Read 5 tweets
10 Aug
Re-reading Whom The Gods Love tonight, and is it even possible to get through this gorgeous prose without tearing up?
"Yes, I wish to die and I find it pleasant. I have lived my life. I have achieved some fame as a mathematician. I never hated anyone. I did no wrong, and it will be good to die.”

- last words of Lagrange
"The government tried to stop these arguments by dragging before the courts those who “threw contempt upon persons or things connected with religion.” Yet in most cases the accused were freed by the judges, after which their language became still more violent and abusive."
Read 19 tweets

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