Burma

first_img MyanmarAsia – Pacific Burma is one of the countries most shut off from the Internet. Its people have to make do with a local substitute, the Myanmar Wide Web, created by the military regime. The few thousand authorised e-mail accounts are monitored by the authorities. The government slightly eased restrictions in 2002 by allowing a second ISP to start up and a cybercafé to open in Rangoon. News Organisation to go further MyanmarAsia – Pacific RSF asks Germany to let Myanmar journalist Mratt Kyaw Thu apply for asylum The Internet situation has become a little easier since 2000, but only a few hundred hand-picked people – regime officials, top army figures and heads of export companies – are allowed full access to the Internet, though still closely monitored. Nearly 10,000 people are limited to e-mail activity but only for professional purposes and again strictly under the eye of the posts and telecommunications authority MPT and military intelligence officials, who reportedly use a Dans Guardian content filter.A national intranet controlled by the armyFewer than 10,000 people are allowed to use the substitute Internet, the local Myanmar Wide Web intranet set up by the regime, but only a few dozen mainly service or administrative sites, all government-approved, are accessible. Even that is hard to log on to, since until very recently, only one cybercafé, at the university, had free access to Myanmar Wide Web.Only big hotels, travel agencies and foreign and local businesspeople can use e-mail, which arrives through a local server and is sorted and read by the MPT before being passed on to its destination. The MPT is thought to have signed up more than 5,000 people for e-mail accounts.Prison awaits those do not complyA 1996 law bans the import, possession or use of a fax machine or modem without official permission. Those who disobey risk up to 15 years in jail, as does anybody who uses the Internet to “undermine the state, law and order, national unity, national culture or the economy.” Anyone who creates a link to an unauthorised website also faces a prison sentence. Since 20 January 2000, online political material has been banned and websites can only be set up with official permission. The rules ban any online material considered by the regime to be harmful to the country’s interests and any message that directly or indirectly jeopardises government policies or state security secrets.The measures to prevent people being freely informed and stop them looking at exiled opposition websites, which are very active, with the Free Burma Coalition site, for example, grouping several opposition movements.Small steps forward”Some people in the regime think the Internet is vital for economic development, but they also know the big danger of allowing access to diversity of news and culture,” says one Burmese journalist. “So the debate is a heated and tricky one among them.” Things are therefore moving forward very slowly. Thai premier, UN rapporteurs asked to prevent journalists being returned to Myanmar Follow the news on Myanmar June 18, 2003 – Updated on January 20, 2016 Burma May 12, 2021 Find out more May 31, 2021 Find out more Help by sharing this information News US journalist held in Yangon prison notorious for torture News Receive email alerts News Links:Exiled opposition magazine The IrrawaddyOfficial government siteFreedom of expression in BurmaBurmanet NewsA report on the Internet’s impact in Burma The MPT’s monopoly as the country’s sole ISP was broken in spring 2002 when a second ISP, Bagan Cybertech, was authorised. But the break was a false one and the regime has little to fear since the new ISP is partly state-owned and its boss, Ye Naung Win, is the son of the country’s powerful military intelligence chief, Lt. Gen. Khin Nyunt. The new firm says the regime has approved creation of 10,000 new e-mail accounts and given permission for several thousand more people to have Internet access. It has reportedly already sold more than 3,000 subscriptions and says the national intranet should grow to several hundred sites quite soon.The Thai-based monthly magazine Irrawaddy reports that all requests to open cybercafés have to pass through Bagan Cybertech. With the regime’s permission, a private individual can buy Internet access for 260 euros. Companies have to pay 600 euros.The Burmese business magazine Living Color announced in September 2002 that Rangoon’s first cybercafé for the general public would soon open. But customers will not be able to get their e-mail there. They can do so in the very few “e-mail shops” in the capital, though this is illegal and barely tolerated by the regime.Will the media benefit from this small opening? Most Burmese weekly and monthly publications put their contents on line in the course of 2001. But the independent press and opposition groups still have to set up and run their websites from outside the country. RSF_en May 26, 2021 Find out morelast_img read more

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‘Generating Disaffection Towards Constitution Equivalent To Disrupting Sovereignty Of India’ : Delhi Police Says To Invoke UAPA Against Sharjeel Imam

first_imgNews Updates’Generating Disaffection Towards Constitution Equivalent To Disrupting Sovereignty Of India’ : Delhi Police Says To Invoke UAPA Against Sharjeel Imam LIVELAW NEWS NETWORK10 July 2020 11:50 PMShare This – xTo invoke Section 13 of the Unlawful Activities Prevention Act, 1967(UAPA) against Sharjeel Imam, student of Jawaharlal Nehru University(JNU), the Delhi police has cited a speech allegedly made by him calling for the rejection of the Constitution of India as a ‘fascist document’.The police had sought extension of time for probe, beyond the period of 90 days, by stating that Section 13 of the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginTo invoke Section 13 of the Unlawful Activities Prevention Act, 1967(UAPA) against Sharjeel Imam, student of Jawaharlal Nehru University(JNU), the Delhi police has cited a speech allegedly made by him calling for the rejection of the Constitution of India as a ‘fascist document’.The police had sought extension of time for probe, beyond the period of 90 days, by stating that Section 13 of the UAPA – which deals with the offence of ‘unlawful activity’ – has also been added in the FIR against him, which was initially registered for offences of sedition, promotion of communal disharmony etc.In the application filed before the Trial Court on the 88th day of Imam’s custody, the Additional Public Prosecutor(APP) stated :”As per speech(of Imam) dated 13.12.2019, Constitution is worthy of rejection, being fascist document only to be used for taking benefit in court and wherever it may beneficial(sic)”.The application added that the “innuendo” of the statement was that “on all such occasion where the Constitution is not securing any benefit to a particular religious community, it is liable to be ignored and rejected”.The application further linked the statements against the Constitution to “unlawful activity” under UAPA by stating that they were equivalent to ‘disrupting the sovereignty of India’.As per Section 2(o) of the UAPA, any any action, whether by act or words, which, inter-alia, “disrupts or is intended to disrupt the sovereignty and territorial integrity of India” is an unlawful activity.”India’s sovereignty is secured by its Constitution and any attempt to generate disaffection towards the Constitution is equivalent to disrupting the sovereignty of India”, the application read.Thus, Imam’s alleged statements against the Constitution were used to add Section 13 of UAPA, by linking them to disruption of sovereignty of India.The addition of UAPA offence enabled police to seek further time of 90 days to submit charge-sheet, and to ensure that Imam will not get the benefit of default bail on account of the failure to file charge-sheet within 90 days of registration of FIR, which was originally with respect to IPC offences.The application stated that a series of riots took place in Delhi after Imam’s speech of December 13 and his role in the conspiracy needed to be verified.It further stated that after his speech of January 16, many protest sites started emerging in city, roads were blocked and tents were erected to sit in to protest against CAA/NRC. Stating that these sites later on become the initiation of riots in Delhi in February, 2020, the police stressed that the “larger conspiracy” needed to be unearthed.The application further stated that the lockdown affected the pace of investigation, and that there was need to interrogate friends of Imam, members of his Whatsapp group, persons who arranged money for printing the pamphlets etc. The reports of forensic examination of his mobile and laptop, and sanction under Section 196 CrPC and 45 of UAPA were awaited, the application added.Imam was arrested on January 28 from Bihar’s Jehanabad district in the case related to violent protests against the CAA near the Jamia Millia Islamia University in December last year. The statutory period of 90 days from the arrest had concluded on April 27.On April 25, the Roster Judge, Patiala House Courts, New Delhi, allowed the extension. On Friday, July 10, the Delhi High Court rejected Imam’s challenge against that order, observing that there were “good and justifiable grounds” for extending the time to complete investigation.The High Court rejected the argument of Imam’s counsel, Senior Advocate Rebecca M John, that notice had to be served on the accused before hearing the application for extension.”…the plea of Ms. John that an accused has a right to oppose the application / report moved by the APP is not sustainable”, a bench of Justice V Kameswar Rao held, referring to precedents such as Syed Shahid Yousuf v. NIA, Sanjay Dutt vs. State (1994) 5 SCC 410) etc.Before moving the application, the investigating officer had served a notice via Whatsapp to Imam’s counsel on April 24. But the counsel said that unless the Court issues notice, she cannot appear in the case.The HC held that failure to issue notice to the accused, or his non-production before the Court at the time of hearing of extension of application, was inconsequential as the accused has no right to oppose the application.The HC also rejected Ms.John’s submission that the filing of application on the 88th day was “mala-fide”.”This I say so because the addition of Section 13 of UAPA to the offences has not been contested. The UAPA provides for an extension of the period of investigation for a further period of 90 days, that is, totalling 180 days,” the judge said.The Court also refused to accept the argument that the mere reproduction of the reasons stated by the IO in the application moved by the APP indicated non-application of mind. The HC further held that the trial court had recorded sufficient satisfaction for extending time.Click here to download judgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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