Editorial 1 : A welcome message
Introduction: Two fundamental principles of jurisprudence — “bail not jail” and “innocent until proven guilty” — are diluted in cases brought under “special” laws like the Prevention of Money Laundering Act (PMLA), Narcotic Drugs and Psychotropic Substances Act and the Unlawful Activities (Prevention) Act (UAPA).
Recent bail of NewsClick editor
- By invalidating the arrest of Prabir Purkayastha, founder-editor of the portal Newsclick, the Supreme Court has upheld in principle and practice the constitutional protection offered to citizens under Article 22(1).
- The state argued that since Purkayastha is accused of serious offences such as “terrorist acts” and “raising funds for terrorist acts”, he should not be released on a “technicality”.
- The Bench of Justices B R Gavai and Sandeep Mehta said that every accused “has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest”.
Rights available to citizens in Article 22 (1)
- In a legal system where the process can often be a form of punishment, the integrity of so-called technical procedures must be unimpeachable.
- Article 22(1) states that “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.”
- In Pankaj Bansal vs Union of India (2023), the SC held that furnishing “a written copy of the grounds for arrest” was mandated under the PMLA.
- In Purkayastha’s case, it found that since a similar provision exists in the UAPA, the accused should have been provided with the grounds of arrest before his detention. He was not.
- Essentially, and significantly, the Court has said that a fundamental right is not watered down in UAPA cases.
Effect of the observation of SC on the case
- The Court made it clear that Purkayastha’s release — he was granted bail by the trial court hours after the SC order — was not a comment on the merits of the case or the charges against Newsclick.
- The order does, however, underline the perils of what has become in practice an alternate justice system, meant to deal with “heinous” crimes.
The rise in cases under UAPA
- NCRB data showed a 23 per cent rise in UAPA cases in 2022 compared to previous years, while the PMLA cases grew by 450 per cent in the first three years of the current government’s second term, compared to the same period in its first term.
Conclusion: The recent SC judgment again affirms the Court’s role as the guardian of individual rights. It is also a message to investigating agencies: Due process, and the “technical” procedures that comprise it, cannot be circumvented.
Editorial 2 : The age of stupid
Introduction: We live in the age of the stupid. It's not that people were not stupid before, or that we don't have brilliant people in our midst anymore. The difference is that stupidity is now mainstream and legitimate.
Decline of Institutional Leadership
- Traditional Role of Institutions:
- Institutions of knowledge were traditional sources of intellectual authority.
- Attracted the best minds for collaboration and intellectual advancement.
- Current Decline:
- Leadership quality has declined across sectors and geographies.
- Decline attributed to lack of integrity and moral courage, not intellectual ability.
- Resultant compromises have negatively impacted intellectual output.
- Challenges Facing Institutions:
- Struggling to keep pace with rapid societal changes.
- Rigid hierarchies and bureaucratic processes make them appear insular and unrepresentative.
- Widespread erosion of trust and loss of institutional credibility.
Rise of Social Media Influencers
- Vacuum of Intellectual Authority:
- Decline in traditional intellectual authority has created a vacuum.
- Role of Social Media:
- Social media, with its global reach and value-blind approach, fills this vacuum.
- It empowers individuals to shape public opinion without deep knowledge or experience.
- Nature of Social Media Engagement:
- Social media emphasizes constant visibility over deep, serious engagement.
- Content is often discrete, ad-hoc, and transient.
- Influencers and Their Impact:
- Influencers primarily guide public opinion on consumption and lifestyle.
- They are not challenging institutions but reinforcing superficial trends.
- This phenomenon has diluted public discourse with superficiality, termed the "gospel of stupid."
Sub-Par Leadership in Institutions
- Influence of Moral Relativism and Partisanship:
- Context of moral relativism and partisanship influences leadership selection.
- Selection Process:
- Leaders are chosen through processes emphasizing internal power navigation over brilliance or moral courage.
- Nominations often reflect delegated power dynamics, favoring status quoists.
- Characteristics of Selected Leaders:
- Deal-makers and manipulators of institutional processes prevail over big thinkers.
- Leaders focus on maintaining specific viewpoints rather than engaging with diverse perspectives.
- Consequences:
- Rise of illiberalism and suppression of dissent.
- Intellectual stagnation in society due to lowered intellectual standards.
Factors Enabling Opportunists in Public Discourse
- Infotainment and Media Fragmentation:
- Rise of infotainment and media fragmentation allow stupid ideas to gain influence.
- Political Polarization:
- Increasing political polarization contributes to the spread of nonsensical ideas.
- Backing by Money and Power:
- Opportunists are supported by financial and power interests seeking to consolidate their own wealth and influence.
- Creator funds and delegated power boost their visibility without value judgment on content quality.
- Loss of Intellectual Authority:
- Traditional intellectual authorities have lost credibility and gatekeeping power.
- This loss has legitimized nonsense, enabling it to achieve mainstream acceptance and real careers for its proponents.
Exploiting the Age of Stupidity
- Lack of Effort to Address Issues:
- No concerted effort from political and corporate powers to fix the issues.
- Instrumental Use of Stupidity:
- Some believe stupidity can be harnessed for their own agendas.
- They think an engrossed populace allows their endeavours to continue unchallenged.
- Self-Interest:
- Others use the wave of stupidity to advance their own interests.
Conclusion: In this wave of stupidity what we are witnessing is a crisis of values and not a crisis of intellect only.