Media bodies slam NewsClick search, call it attempt to ‘muzzle’ free media

Media bodies slam NewsClick search, call it attempt to ‘muzzle’ free media

Subject :Polity

Section: Constitution

Context: Delhi Police has arrested NewsClick founder and its editor-in-chief Prabir Purkayastha and Amit Chakravarty

More about the news:

• Delhi Police’s Special Cell arrested Prabir Purkayastha, founder of news portal NewsClick, and Amit Chakravarty, the HR head, following searches at over 50 locations linked to the portal.
• The arrest is based on an FIR filed due to alleged illegal funding from China via the United States.
•  Numerous individuals associated with NewsClick were questioned and had digital devices seized.
• The case involves several sections of the Unlawful Activities (Prevention) Act, raising concerns about press freedom and freedom of expression.
• The police registered the case under Sections 13, 16, 17, 18 and 22 of the UAPA.
  • Section 13 – Punishment for unlawful activities
  • Section 16 – Punishment for terrorist act
  • Section 17 – Punishment for raising funds for terrorist act
  • Section 18 – Punishment for organizing of terrorist camps
  • Section 22 – Punishment for threatening witness
• Cases were also registered under Sections 153A and 120B of the Indian Penal Code (IPC).
  • Section 153A – imposes criminal liability upon those who spread enmity and disharmony between different groups.
  • Section 120B – being part of a criminal conspiracy to commit a serious offense punishable

What is Unlawful Activities (Prevention) Act:

• The UAPA was enacted in 1967.
• It lays down the definitions and rules for designating an organization as an “unlawful association” if it is engaged in certain types of activities.
• ‘Unlawful activity’ is defined as any action taken by an individual or association through an act, words, spoken or written, or by signs or visible representation  which is intended to, or supports a claim to, bring about the cession of a part of the territory of India, or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession.
• It covers activities which disclaim, question, disrupt or are intended to disrupt the sovereignty and territorial integrity of India, and which cause or intend to cause disaffection against India.
• In 2004, the UAPA was amended, and ‘terrorist activities’ were brought within its fold,
• Under the Act, the central government may designate an organization as a terrorist organization if it:
  • Commits or participates in acts of terrorism;
  • Prepares for terrorism;
  • Promotes terrorism;
  • Is otherwise involved in terrorism;
• The 2019 Amendment gave the Home Ministry the power to designate individuals as terrorists.
• The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
• It has the death penalty and life imprisonment as the highest punishments.
• Under UAPA, both Indian and foreign nationals can be charged.
• It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
• Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
• The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
• The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.