4 min readNew DelhiOct 7, 2023 11:57 AM IST
First published on: Oct 7, 2023 at 04:04 AM IST
Invoking the Unlawful Activities (Prevention) Act (UAPA), the Delhi Police Special Cell’s FIR says NewsClick conspired to “disrupt supplies and services essential to the life of community in India and abet damage and destruction of property by protraction of farmers’ protest…”
This phrase — “disruption of supplies and services” — is part of Section 15(1)(a)(iii) of the UAPA, which defines “disruption” as caused “by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological, radioactive, nuclear or otherwise) of a hazardous nature…”
Section 15 of the UAPA describes a “terrorist act”. Section 16, which prescribes a punishment for Section 15, is one of the charges invoked in the FIR, along with Section 17 (raising funds for terrorism) and Section 153A of the Indian Penal Code which penalises promoting enmity between different groups.
The FIR, however, draws a connection between the source of funding from “inimical” foreign nation and critical reportage of the government to define terrorism. It lists three key details as grounds for invoking stringent anti-terror charges.
- First, the “secret inputs” that reveal on email the “intent to show Kashmir and Arunachal Pradesh as not part of India”.
- Second, the conspiracy “to disrupt supplies and services essential to the life of community in India and abet damage and destruction of property by protraction of farmers’ protest…”
- Third, routing funds “from China in circuitous and camouflaged manner” for “paid news” that “intentionally peddled criticising domestic policies, development projects of India and promoting, projecting and defending policies and programmes of Chinese government.”
The FIR alleges that NewsClick “actively propagated false narratives to discredit the efforts of Indian Govt to contain Covid-19 pandemic.”
“Moreover, they have acted against the national interest by promoting a misleading and false narrative about the domestic pharmaceutical industry and the policies and development initiatives of the democratically elected Indian government in cohorts with the anti-national forces,” the FIR states.
Even the 1994 landmark ruling in Kartar Singh vs State of Punjab case that upheld the validity of the Terrorist and Disruptive Activities (Prevention) Act, 1987, said that “terrorism cannot be classified as mere disturbance of ‘public order’ disturbing the even tempo of the life of community of any specified locality but it is much more, rather a grave emergent situation created either by external forces, particularly at the frontiers of this country or by anti-nationals, throwing a challenge to the very existence and sovereignty of the country in its democratic polity.”
Incidentally, on the charge of conspiracy to “disrupt services”, Union Agriculture Minister Narendra Singh Tomar, in a written response to Rajya Sabha in December 2022, had said the Home Ministry had decided to withdraw 86 criminal cases registered under various sections against farmers who participated in the year-long protest to repeal the three farm laws which were rolled back in November 2021.
The NewsClick office in Delhi has been sealed. PTI 
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