Plea before Delhi High Court alleges misuse of UAPA against journalists

A journalists' body has moved the Delhi High Court challenging certain provisions of the Unlawful Activities (Prevention) Act (UAPA), alleging that the law is being used to target journalists [Foundation for Media Professionals & And. vs. Union of India through its Cabinet Secretary & Ors].

A Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela on Friday asked the petitioner, Foundation for Media Professionals, to place on record a supplementary affidavit stating in what manner and in whose case the UAPA was misused.

“We cannot presume that a provision is abused, please give an example," Chief Justice Manmohan remarked.

Senior Advocate Arvind Datar, representing the petitioner organization, submitted that the UAPA provisions defining “unlawful association”, “unlawful activity” and “disaffection” have been challenged in the plea.

Datar argued that definitions are overboard and arbitrary. 

"Courts have repeatedly held that if a definition is over-broad, then it smacks of manifest arbitrariness, it is liable to be struck down," he added.

It was further submitted that since 2014, 89 percent of the UAPA cases are pending and a mere five percent is the conviction rate. 

However, the Court asked whether the petitioner had mentioned about any specific case of abuse of the UAPA against any journalist

"We don't want to do it on any hypothesis," Justice Manmohan said.

Senior Advocate Datar submitted that the petitioners would place the examples on record. Continuing with his arguments, Datar also mentioned the stringent provisions of bail under UAPA.

"Once the person who is working against India [no problem there] but I will show case after case where a journalist is [booked]," he added.

It was also submitted that the Bombay and Gauhati High Courts have entertained similar petitions against UAPA.

The Court granted time to the petitioner for filing the additional affidavit and adjourned the matter to December 11.