The case of Kashmiri journalist, researcher and human rights defender, Irfan Mehraj, implicated under the Unlawful Activities (Prevention) Act (UAPA) for documenting human rights abuses in Kashmir is a stark reminder of how anti-terror laws are wielded to suppress voices that challenge the state’s narrative. Arrested on March 20, 2023, Mehraj continues to remain imprisoned without a trial.
Mehraj is accused of supporting secessionist activities and faces charges under the UAPA despite the absence of concrete evidence. His case not only reveals flaws in the prosecution’s case but also underscores broader concerns about the law itself. Rather than being an isolated incident, it reflects how the UAPA functions as a mechanism of state control, enabling far-reaching restrictions on dissent.
UAPA: A punishment in the process of law
Walter Benjamin famously argued that the law is not a neutral arbiter of justice but a mechanism of violence that preserves state power. UAPA exemplifies the violence of law – not merely punishing but ensuring that the process itself becomes the punishment.
Through its harsh provisions, prolonged incarceration without trial, stringent conditions on grant of bail, reliance on secret ‘protected witnesses’, and the reversal of the burden of proof, the UAPA strips away fundamental legal protections, transforming the very act of being accused into a near-permanent state of guilt. The law’s function is not to secure convictions through fair trials but to ensure that an individual is caught in a legal limbo where the passage of time itself becomes a form of retribution.
To begin with, the circumstances surrounding Mehraj’s arrest underscore a troubling disregard for fundamental legal principles and constitutional rights. The fact that his arrest was made without providing the grounds in writing is not a mere procedural error; it is a direct violation of the individual’s statutory and constitutional rights.
The Supreme Court has made it unequivocally clear that any person arrested, whether under UAPA or any other law, must be informed in writing of the reasons for their arrest. This requirement is not a formality but a fundamental protection enshrined in Article 22(1) of the constitution of India, ensuring that an individual’s liberty is not arbitrarily infringed upon.
This story was originally published in thewire.in. Read the full story here.
