US Ambassador Eric Garcetti should get petition filed by a USBUNRHRNGO in SCI for getting quashed cases in India under UAPA, PMLA. By Hem Raj Jain

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The "USBaed- UNRegistered-HumanRights-NGO" (USBUNRHRNGO) should also move the NHRC to intervene in the proceedings of this petition with the approval of the SCI under section 12 (b) read with section 2 (d) and (f) of the Protection of Human Rights Act (ii)- Eric Garcetti may also persuade US- Secretary Antony Blinken to approach UNCHR to become co-petitioner in the said petition by the  (USBUNRHRNGO) in the SCI.

 Though the Supreme Court of India (SCI) has given relief to Prabir Purkayastha the editor of NewsClick as reported at https://economictimes.indiatimes.com/news/india/newsclick-row-sc-orders-release-of-founder-and-editor-in-chief-prabir-purkayastha-in-uapa-case-declares-it-invalid/articleshow/110136744.cms  but this verdict of the SCI has wider implications on other cases too under UAPA, PMLA where accused are languishing in prision without due proces of law therefore US-Ambassador to India Eric Garcetti ought to get petition filed by some "USBaed-UNregistered--HRNGO" (USBUNRHRNGO) in the SCI (as explained below) for getiing quashed all cases (and not merely of Keriwal) in India under UAPA, PMLA where accused were arrested w/o giving grounds of arrest in writing and w/o lawyer’s assistance:-

(1)- In the said judgment the SCI declared the arrest and his remand as invalid in the eyes of law and also noted that the grounds of arrest were not supplied to him or his counsel before remand.

(2)- THe SCI gave relief to Prabir Purkayastha seemingly under Article 22 of the Constitution of India which reads as - [22. Protection against arrest and detention in certain cases.—(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice]. 

(3)- In criminal cases the Agency (police etc) are supposed to file FIR in a prescribed register where it is legally expected to be written under what section of Indian Penal Code (or any other laws related to crimes) the matter is found and then it is checked by the Agency (from First schedule of the Code of Criminal Procedure) about the classification of offenses whether the registered offense is cognizable & non-bailable etc or otherwise.

(4)- After ascertaining the classification of registered offense the Agency can arrest the accused and can produce the accused before court if offense is non-bailable where the Agency can’t give bail to arrested accused and it can be given only by the court.

(5)- Investigation by Agency can happen only after recording the offense and type of offense (as per classification of offense) in such prescribed register and then only after giving ground of arrest as per this entry in FIR register in writing (or by giving a copy of FIR if so proper)  to the accused.  But  it was not done hence it should  be legally construed that such entries in the prescribed register were not done hence could not be given to the accused. Therefore any charge sheet based on such illegal investigation is null and void. 

(6)-  Eric Garcetti ought to get filed a petition in the SCI by "USBaed- UNRegistered-HRNGO" (USBUNRHRNGO) as this matter is concerned with international law too as enshrined in the UNited Nations Charter etc and where -(7)- The USA expressed concerns over human rights and democracy in India as reported at https://indianexpress.com/article/world/us-fair-transparent-process-arrested-indian-opposition-figure-arvind-kejriwal-9234406/

(8)- It should not be difficult for Eric Garcetti to mobilize some US Citizens in the USA to get this  USBUNRHRNGO launched in the USA and to get it registered at the New York head office of the UN. 

(9)- Eric Garcetti can also ask this USBUNRHRNGO  and Secretary Blinken to approach the UN and "UNited Nations Commision on Human Rights" (UNCHR) through Stephane Dujarric, ( the spokesperson for the UN Secretary-General Antonio Guterres,  who showed concern about human rights in India as reported at https://indianexpress.com/article/india/un-react-kejriwal-arrest-us-germany-9239448/ ) ..

It is hoped US Ambassador to India Eric Garcetti will ensure as mentioned above that the concerns shown by the USA about human rights and democracy in India is taken to its logical and legal conclusion (as per international laws) by getting a petition filed in the SCI by some "USBaed- UNRegistered-HRNGO" for getting quashed all the cases which are many (and not merely of Keriwal) in India under UAPA, PMLA where accused were arrested w/o giving grounds of arrest in writing and w/o providing facility of lawyer’s assistance to the arrested.

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