Anti-terror law is not to quell dissent, says Chandrachud
NEW DELHI: Supreme Court judge Dhananjaya Y Chandrachud has emphasised that criminal laws, including anti-terror legislation, should not be used for muzzling dissent and that courts must act as the “first line of defence” against deprivation of liberty.
Justice Chandrachud was speaking at the Indo-us Joint Summer Conference on Indo-us legal ties on Monday evening when he underscored that no law can be employed to harass citizens and take away their freedom.
“Criminal law, including antiterror legislation, should not be misused for quelling dissent or harassment to citizens. As I noted in my judgement in Arnab Goswami Vs the State, our courts must ensure that they continue to remain the first line of defence against the deprivation of liberty of citizens,” said the judge.
Justice Chandrachud added that deprivation of liberty for even a single day is “one too many” and that judges must always be mindful of the deeper systemic issues of their decisions.
“Today, the world’s oldest and largest democracy represents these ideals of a multicultural, pluralist society where their constitutions are focused on a deep commitment and respect for human rights,” said the judge.
Justice Chandrachud’s remarks have come amid outrage over the death of 84-yearold activist Stan Swamy, who was arrested under the anti-terror law in the Elgar Parishad case last year. He died last week in Mumbai while his bail plea on health grounds remained pending before the high court there.
Several other cases where the Unlawful Activities (Prevention) Act (UAPA) has been invoked have also courted controversies recently. Only a few days ago, Assam leader Akhil Gogoi walked out of jail after spending 18 months behind bars in connection with a case under UAPA over violent protests against the contentious amendment to the citizenship law.