देश में लागू तीन नए आपराधिक कानूनों का जमाअत-ए-इस्लामी हिंद ने किया विरोध,अभिव्यक्ति की स्वतंत्रता को प्रभावित करने वाला बताया

  • 2 months ago
Jamaat e Islami Hind oppos new 3 criminal laws: जमाअत-ए-इस्लामी हिंद ने देश में 1 जुलाई 2024 से लागू हुए तीन नए अपराधिक कानूनों का विरोध किया है. संगठन ने कहा है कि पुराने राजद्रोह कानून की तरह, यह नई धारा भी सुरक्षा चिंताओं की आड़ में अभिव्यक्ति की स्वतंत्रता और असहमति को प्रभावित करेगी. साथ ही इसमें झूठे मामले दर्ज करने के लिए पुलिस अधिकारियों को जवाबदेह ठहराने का कोई प्रावधान नहीं है.

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00:00was passed by the parliament when 145 parliamentarians of the opposition were suspended.
00:09Now, the first point in this law is that if any accused, not the accused but the accused,
00:16is accused before the crime is proven, then the police have the right to arrest him.
00:22Whereas, there are many judgments of the Supreme Court in which it was said that
00:27in the rarest position, i.e. in less than 1% position, if needed, the police can use the handcuffs.
00:34But in 99% cases of the Supreme Court, it was denied that the police have the right to use the handcuffs.
00:41But this law gives the right to use the handcuffs.
00:44Till now, in any case, the police could keep people in their custody for 15 days.
00:50i.e. if someone is accused, they were kept in custody for 15 days and then the lawyer would apply for bail.
00:58Now, this has been increased from 15 days to 90 days.
01:02i.e. as soon as an accused is found innocent or the accusation has not yet been proven,
01:07and his bail petition is filed in the court, then the police will tell him that
01:11the police remand has not yet been completed in the procedures of the investigation.
01:17And the police will take the remand again.
01:20So, the bail has been made almost next to impossible.
01:23Whereas, the basic motive of this law is that bail is a rule and jail is an exception.
01:30This has been completely reversed.
01:33After that, detention.
01:35We all know that if a person is arrested, he has to be taken to the magistrate within 24 hours.
01:44Then the magistrate or judicial custody will decide.
01:49But in this law, there is so much chaos, so much confusion,
01:54that there is no time ground for police detention.
01:59i.e. it can be more than 24 hours, it can be 3 days, it can be 10 days, it can be more than that.
02:05So, there is no clarity in this whole matter.
02:09Third, the court has said many times about electronic evidence,
02:14that electronic evidence is always a source of confusion.
02:17That is why we do not consider electronic evidence as evidence.
02:23But under this new law, electronic evidence is considered evidence.
02:28And along with that, the police, without any warrant,
02:32any electronic equipment, i.e. your laptop, your mobile, your tab,
02:38can be taken by the police without any warrant.
02:41As a result of which, if you have forwarded any WhatsApp,
02:46your mobile will be taken by the police and it will be told that something has happened,
02:50a crime has been committed, then that case will be made.
02:53And you will have to prove yourself innocent,
02:56in which the provision of bail has been made very difficult.
02:59Third, the biggest challenge in this whole case is terrorism.
03:06The definition of terrorism has been made very vague.
03:10And along with that, what was it before?
03:15The National Investigation Agency had the right to investigate terrorism in the whole country.
03:25Apart from that, the states had made their anti-terrorist squads or special cells,
03:30which were determined by the court.
03:32But now two things have been done in this.
03:35The definition of terrorism has been made very light,
03:39that is, if you put a small social media post,
03:44then it will be taken as a definition of terrorism.
03:48And the local police have been given the right to investigate sensitive matters such as terrorism.
03:55So this whole process gives the police so much power,
04:02while we keep saying again and again that criminal law...

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