Pinnacle court agrees to hear plea to revoke FIR’s filed by Tripura cops

The petition has been filed by two advocates and one journalist, who have been booked under UAPA in connection with their social media posts and work related to the recent communal violence in Tripura. Petitioners say indiscriminate use of anti-terror law against those critical of the government produces a 'chilling effect' on the freedom of speech and expression.

The top court passed the interim order after hearing submission of senior advocate Gopal Sankaranarayanan, representing the Trinamool Congress and its Rajya Sabha MP Sushmita Dev.

The plea cited alleged violence against the party members and sought a direction to protect them for the municipal polls slated on 25 November.

A Bench headed by the Chief Justice of India NV Ramana on Thursday agreed to urgently list the matter after it was mentioned by Advocate Prashant Bhusushan on behalf of the petitioners. The petition has been filed by two lawyers Mr Mukesh and Mr Ansarul Haq Ansar and journalist Shyam Meera Singh booked with the UAPA by the Tripura Police over their social media posts about the recent communal violence which took place in the state of tripura.

Advocate Prashanth Bhushan told the court “These lawyers were part of the fact-finding team which investigated these incidents in Tripura. Social media users who posted messages like ‘Tripura is burning’ have also been charged under UAPA”. 

Chief Justice Ramana in the start of hearing suggested the petitioners could approach the High Court first. Mr. Bhushan replied that the petition had also challenged the constitutionality of certain provisions in the UAPA. “For example, the term ‘unlawful activity’ has been given a very, very wide definition,” Mr. Bhushan replied. The senior lawyer said the persons charged under UAPA were “eminently in danger of arrest”, and urged the Supreme Court to hear the case soon. “Yes, I will give a date [for the hearing],” Chief Justice Ramana responded.

Recently, retired Supreme Court judge Justice Rohinton Nariman, speaking at a function organised by Viswanath Pasayat Memorial Committee, had urged the top court to strike down offensive portions of UAPA along with sedition under Section 124A of the Indian Penal Code.

Justice Nariman said that the Supreme Court should not leave it to the government to remove the offending laws from the statute book but should instead use its powers of judicial review to strike down the law, so that citizens can breathe more freely.

He also said "I would exhort the Supreme Court to not send sedition law cases pending before it back to the Centre. Governments will come and go (but) it is important for the court to use its power and strike down Section 124A and the offensive portion of UAPA. Then citizens here would breathe more freely ".