Application of APUAPA by govt slam by Human Rights groups

Itanagar: The Human Rights Law Network (HRLN) on Wednesday condemned the recent application ofcalled for a 72-hour statewide shutdown against the Arunachal Pradesh Unlawful Activities (Prevention) Act, 2014 (APUAPA) by the Rajdhani district administration.

Guwahati High Court lawyer Ebo Mili, who also represents the organisation, said the act is similar to the draconian law, the Unlawful Activities (Prevention) Act, 1967 (UAPA), which has its roots in colonial India. There is a disturbing history associated with the freedom fighters.
“While the UAPA 1967 was initially introduced with the intention of combating terrorism and illegal activities that posed a threat to the country, it was often misused by the government to stifle dissent and undermine its fundamental principles. Rights activists, journalists and others can be targeted.” Mili said.

He added that the Act gives powers to the government without checks, allowing arbitrary detention of any person involved and thereby violating the fundamental rights enshrined in the Constitution of India, particularly Article 22. Imprisons the stated fundamental rights, which provide protection against arbitrary arrest and detention.
Disturbingly, UAPA cases have been on the rise since 2015, the lawyer said.

According to a scroll article by Umang Poddar, there were 897 cases in 2015, which increased to 1,226 in 2019. The number of arrests under the Act has also increased drastically and 1,948 people were arrested in 2019 as against 1,128 in 2015, a 72 per cent increase, he pointed out.
“The Arunachal Pradesh UAPA 2014 follows a similar pattern, giving the state government unlimited power to detain any person for up to 12 days, with the possibility of extending the detention on approval by the government, as It is said in Section 3 (2). Act,” he said.
Whereas every case of detention is referred to an Advisory Board consisting of retired High Court Judges recommended by the Chief Justice of India and not less than two members appointed by the State Government. are, Section 10(4) prohibits legal experts from appearing on their own behalf. A person arrested in any matter connected with a reference made to the Board.
“It is clear that the provisions enunciated in APUAPA leave room for abuse and manipulation by the government, enabling it to target individuals without adequate safeguards or legal representation. Concerned citizens and intellectuals of Arunachal Pradesh As such, I think it is our duty to condemn and discourage and request intellectuals to condemn and not encourage the use of such draconian laws.
“This is the first time that the APAUPA Act has been used in this way. If we do not condemn today, it will encourage the government to use it in every other case to target political prisoners.” It was misused to keep,” Mili added.

The HRLN urged the government to re-examine the application of the Act and address the relevant provisions.
“We already have sufficient laws and processes to effectively catch and prosecute criminals, with ample scope for judicial intervention, thereby giving the government excessive powers,” the organization said.
He further urged the government to treat every criminal equally, not just pick those who are not politically favored or are vulnerable citizens. He also referred to last year’s shutdown announced by the All Nation Youth Association (ANYA) where executive members were detained and then released with a fair warning.

“While poor students and citizens were arrested and booked under various non-bailable provisions. Why wasn’t fair warning given to these poor students? Why such disparity? Is the law only for weak citizens? HRLN questioned.