Editorial, "THE SAD DEMISE OF STAN SWAMY," in LAW ANIMATED WORLD, Vol. 17, Part 2, No. 13-14, 15-31 JULY 2021 issue

THE SAD DEMISE OF STAN SWAMY 

in judicial custody is quite heartrending. True, the judicial branch is looked as the ultimate corrective to any excesses/evils in the system, but even it miserably failed to protect this octogenarian human rights activist, so much so that even Justice Deepak Gupta, retired SC Judge, shocked by Swamy, denied release on bail, meeting a horrid death in captivity in a hospital, was constrained to question: “Are we not Humans? Have we lost all touch of Humanity? Are we living in a Police State?” It is easy to say and demand that the UAPA and the sedition clause – Section 124A IPC – be struck down/repealed. We have been agitating for the same since long years. But this editor feels it is more necessary now that courts read down the repressive provisions in these laws – to uphold the presumption of innocence of the accused and to protect the right to life and personal liberty and freedom of expression. The phrase "exciting … disaffection towards the Government..." in S 124A can immediately be struck down or repealed and its scope may be limited only to the conduct of inciting, or committing acts for, the violent overthrow of the existing government. This sort of reading down can be easily and immediately done by the Apex Court or the laws amended suitably by the Parliament forthwith. §§§