NEWSCLICK NON-CASE: ON THE STRANGE CASE OF A TERRORISM FIR WITHOUT A TERRORIST ACT

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CONTEXT: The News Click case flags a disturbing trend to misuse anti terror laws to undermine individual and media rights.

More on the news:

Charges put on the founder of News Click:

• Terrorism
• Hatching a conspiracy to undermine the country’s security
• Disrupting the 2019 parliamentary polls
• Causing disaffection against the government
• Disrupting essential services.
• Infusion of foreign funds illegaly into India to disrupt sovereignty and territorial integrity and threatening its unity and security.

The FIR was filed under:

• Unlawful Activities (Prevention) Act, 1967: Sections 13 (unlawful activities); 16 (terrorist act); 17 (raising funds for terrorist acts); 18 (conspiracy); 22 (C) (offences by companies, trusts)
• IPC Sections: 153A (promoting enmity between different group) and 120B (criminal conspiracy).

Charges based on:

• It refers to a conspiracy based on purported email exchanges to show Arunachal Pradesh and Kashmir as not part of India.
• Remittances by American businessman is being shown as illegal finding from China that is alleged to be used for propaganda and undermining country’s security.
• It refers to stretching the farmers’ agitation of 2020-21 and thereby disrupting supply of services and other essential supplies.

Issues arising in the case:

• Broad definition of terms in UAPA: It can be misused by criminal to escape with misinterpreting the definitions of the terms in the Act and by tweaking of the law.
• Used to suppress dissent: The case is being used to suppress dissent by confining the dissenters for prolonged time.
• Undermining media independence: Misuse of UAPA tends to send a chilling message to wider media fraternity which leads to undermining their independence.
• Electoral politics: It has been alleged that there the case is being misused by highlighting the issue of ‘chinese conspiracy’ for electoral politics.
• Criminalising legal services: There is alleged creation of shell companies by two telecom companies for funding terror. By mentioning of a lawyer in creation of legal network for these companies police seems to criminalize legal services.

Regulation of foreign funding:

• Foreign Contribution (Regulation) Act (FCRA) was enacted during the Emergency in 1976 amid apprehensions that foreign powers were interfering in India’s affairs by pumping money into the country through independent organisations.
• An amended FCRA was enacted in 2010 to consolidate the law on utilisation of foreign funds, and to prohibit their use for any activities detrimental to national interest.
• The law was amended again in 2020, giving the government tighter control and scrutiny over the receipt and utilisation of foreign funds by NGOs.

What is a shell company and what are the provisions for its regulations?

• A shell company is a business that is created to hold funds and manage another entity’s financial transactions. In most cases, these businesses merely have assets on paper and not in reality. 

Acts related to its regulations:

• Benami Transactions Prohibition (Amendment) Act, 2016: This Act grants the government the authority to seize benami assets. These are the assets held in the name of another person or fictional person in order to avoid taxation or hide unaccounted money.
• Prevention of Money Laundering Act (PMLA), 2002: It is considered as a offence of money laundering if the money has not been taxed and passed through a shell company. It considered offence under under Section 3 of the PMLA and is punishable by 3 to 7 years in prison and a fine.
• Companies Act 2013: Section 248 of the Companies Act 2013 empowers the Registrar of Companies to strike a company off the register of companies if
• It fails to commence business within one year of its incorporation
• It fails to carry on business for two financial years
• Has not applied for dormant company status.

THE WAY FORWARD:

• Independent probing: For quick and efficient resolution, there is need for independent probe of the case without any bias and involving any electoral politics.
• Ensure media independence: Media is considered as fourth pillar of democracy and its independence is necessary to ensure democratic principles.
• Taking Dissent positively: It is necessary in a democratic country to take dissent and criticism positively for ensuring accountability and keeping check on the institutions.
• Regulation of foreign funding: Foreign funding is to be regulated properly so that legitimate activities of the organisations are not hampered.

THE CONCLUSION: Free media is the need of the hour to make the government accountable for its action and at the time there should also be a check on the media that it doesnot act in a way to disrupt the unity and integrity of the nation.

PREVIOUS YEAR QUESTIONS

Q.1 Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

Q.2 “Recent amendments to the Right to information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTION

The media is the parliament of citizens. In the light of this statement examine the invocation of the recent terrorism charges on media organization in the name of national security.

Note: Please refer to 5^th October Mains focus for more on this news.

SOURCE: https://www.thehindu.com/opinion/editorial/newsclick-non-case-the-hindu-editorial-on-the-strange-case-of-a-terrorism-fir-without-a-terrorist-act/article67397093.ece