06/06/2023
A call for repeal of the Arunachal Pradesh Unlawful activities (prevention) Act 2014.
“Preventive detention laws in India are a colonial legacy, and as such, are extremely powerful laws that have the ability to confer arbitrary power to the state.”
“Act of protecting civil liberties, is not just the saving of rights of individuals in person and the society at large, but is also an act of preserving our Constitutional ethos,
which is a product of a series of struggles against the arbitrary power of the British state” (Supreme Court in Pramod Singla.. Vs. Union of India and Others)
Unfettered & draconian Nature of “The Arunachal Pradesh Unlawful activities (prevention) Act 2014”
Exhaustive and Vague definition of “Unlawful Activity”
According to
section-2(xii) the Arunachal Pradesh Unlawful activities (prevention) Act 2014-
“Unlawful activity- means acting in such a manner so as to cause or likely to cause directly or indirectly, any feeling of insecurity, danger or fear among the general
public or any section thereof or any danger to the safety of individuals, safety of public, public health or the ecological system or disruption of daily supplies and essential
services to public or any loss or damage to public exchequer or to any public or private property or enforce on general public activities declared as illegal by the State or
prohibited by State Government under section 144 of Cr.Pc or any other order for the time being in force such as Bandh through intimidation or psychological fear or threat
and causing actual damage to public or private property”.
In simple words the definition of “Unlawful Activity” provided under this act, is broaden enough to bring any democratic movement under the ambit of Unlawful Activities
It is vague in nature as it used the terms like safety of public health, ecological system, feeling of insecurity, disruption of daily supplies etc which can be interpreted
as per the convenience of authority to attack the fundamental rights of the people.
Such vague definition of “Unlawful Activity” practically amplified the potential of this Act being misused in the hands of state authority to silence the voice of the people.
Chapter-XIV of IPC for offence affecting the public Health, Cr.PC, forest and environment laws for ecological system, the Prevention of damage to public property Act 1984, The
Arunachal Pradesh Property (prevention of Damage and Loss) Act 2020 are enough to deal with damage of properties and there are also a plethora of special legislations for various
subjects covered under APUAPA act 2014. Thus APUAPA Act 2014 is not required at all.
APUAPA Act 2014 a copy paste of the National Security Act 1980
Except definition clause and explanations under section-3, the entire provisions of the APUAPA Act 2014 is just a copy paste of the Provisions of very powerful
legislation The National Security Act 1980, but unfortunately the intent and objective of APUAPA Act 2014 is no way connected to national security matter.
The strong provisions of
The National Security Act 1980 are being misused in the form of APUAPA Act 2014 to curtail civil liberties and freedom of innocent public in the state.
Dangerous provisions
power to keep in detention without disclosing the grounds of detention upto 5 days, in exceptional case upto 10 days (section-8)
power to keep in detention up to 3 weeks without producing the representation of affected person before Advisory board, (section-10)
Denial of rights to be represented by legal practitioner (sectio-11(4))
power to detain upto 6 months without bail (section-13)
No provision for bail and interference of court.
Temporary Release on bond/conditions (section-15) compelling the detainee to enter into bond/conditions for their release and technically bind down the detainee not
speak up against Govt in future. Permanent silence of activist forever.
All these provision are just copy paste from The National Security Act 1980, the Act mean for dealing with the anti-national activities, which is being misused in the
form of APUAPA Act
2014 .
Recent Episodes of Arbitrary power:
It is witnessed that the recent episode of random detention of poor activist spearheading movement against the infamous APPSC paper leak fiasco proved the draconian
and unfettered nature of
“The Arunachal Pradesh Unlawful activities (prevention) Act 2014”.
Further
, the case of illegal detention of one innocent Juvenile for 16 long days under this act exposed the greatest potential of misusing this very legislation in long run.
No
need of draconian legislation in peaceful state like Arunachal Pradesh
The provisions under section Cr.P.C, IPC and other central legislation on unlawful Activities are more than enough to deal with any exigencies, if so arises.
Our call:- My representative (MLA), my Saver:-
When we choice leader, we endorsed them to work for our welfare and protect our interest.
Now, time has come to call service of our representatives (MLA) to rescue ourselves from this draconian law.
Therefore, we urged every citizens of the state to write a representation to respective MLA and the Hon’ble CM for immediate repeal of the Arunachal Pradesh Unlawful
activities (prevention) Act 2014 in upcoming monsoon session of A.P legislative assembly.
“Be a conscious citizen; say no to arbitrary power”.
Wakeup Arunachal!……Speak up Arunachal! …
Jai Hind! Jai Arunachal!
TEAM
Arunachal Law Students Union (ALSU)
Mr. Phassang Kassung
President (ALSU)
(M) : 9436040221, 7005762047
Mr. Gyamar Maya
Chairman Research &
Technical cell (ALSU)
-cum- Issue Chairman
Mr. Teli Naga
Vice-President (Pro) ALSU
-cum- Issue Vice-Chairman
Mr. Giah Talu
Education Secy. ALSU
-cum- Issue Member
Mr. Ngurang Nana Dopum
General Secretary
(ALSU)
(M) : 9612470352
Mr. Tana Nagu
AGS (Admin) ALSU
-cum- Issue Member Secy.
IPR Secy Tango Neri
CITIZENS CALL
( A mo v em en t f o r r i gh t to f r e edom o f sp e e ch e t c and R i gh t t o l i f e and l i b e r ty )
