Press Release from UAPA Birodhi Mancha ( Prastatuti) (Anti-UAPA Forum-Preparatory)

Anti-UAPA Forum (preparatory) has organized a mass rally in Kolkata on 3 December 2009 to protest against Unlawful Activities (Prevention) Act. The memorandum prepared by the forum was supposed to be delivered to the Chief Minister, West Bengal, however neither the CM nor any higher official was in Writers' Building to receive it. Thousands of people participated in the rally. Bellow is the copy of the memorandum.

UAPA Birodhi Mancha( Prastatuti)

18 Madan Baral Lane, Kolkata-12

MEMORANDUM

Date :04.12.2009

To

The Chief Minister

&

The Home Minister Government of West Bengal, Writers' Building Kolkata

Sub : On UAPA

Dear Sir

As you know that the UPA government had amended the Unlawful Activities (prevention) Act 1967(UAPA) in 2004 and then again in 2008 in December 17, 2008. Not only that, the UPA government had also legislated a new law, National Investigations Agency (NIA) . These two legislations have freely borrowed from erstwhile TAD A and POTA, which were the successor of the infamous Rowlatt Bill prepared by the British in India to curb the nationalist movement.

We do hold along with other democratic minded people of India that these anti terror are reflection of the violence and brutality of the law and which will be used as instruments of the State to suppress all kinds of democratic and patriotic struggle against loot and plunder by corporate capital in connivance the central and various state governments, of natural resources of our motherland, India.

These amended laws are inherently draconian; all the rights of the accused , available in Indian Criminal Justice system are taken away- right to get bail, to cross-examine witnesses in open trial court, to be presumed innocence till found guilty(which completely reverses the civilisationally accepted norm of jurisprudence) and host of others. The pre-charge detention period without bail is extended to 180 days .It is pertinent to mention that in all anti -terror laws of other countries permit only 48 hours to 7 days as   Also Most importantly, the provision 43(F) stipulates that the failure to furnish or deliberately furnishing false information to an investigation officer is liable for punishment with a 3 year imprisonment. There is no scope for judicial review or periodical review of these laws by parliament. In all aspects these laws are anti people. Hence, we demand immediate repeal of these laws.

We also like to point out that the State Government has applied these laws without compliance of the requite provisions regarding notification in the newspaper; we hold that this a blatant violation of the stated provision of even the draconian law, UAPA. Hence all the arrests made under this laws are illegal. In fact, all those who were booked under UAPA , are either leaders or activists of democratic movements.

We demand immediate stop of use of IUAPA in West Bengal and other states and release of persons like Chhatrdhar Mahato Prasun Chatterjee, Raja Sarkhel, Swapan Dasgupta, Sukhsanti Buskey and others.

We hope, your government will consider these points and take appropriate steps to restore democracy in West Bengal.

For

UAPA Birodhi Mancha