Upholding Democracy & Free Speech
Defending the right to dissent, protest, and speak without fear is at the core of my practice. These cases are not just legal battles; they are fights for our constitutional fabric and the rights we are born with.
The Preamble to our Constitution is a declaration of our collective resolve. On Republic Day and every day, I am reminded of how far these rights have brought us, and the continued struggle required to protect and realize them for every citizen.
The Constitution must be followed not just in courtrooms, but on the streets where police march, in government offices that permit pollution, and in the highest seats of power. Its principles must be lived daily.
The rights to a decent life, equality, and dignity are inherent to our humanity. I devote my life to realizing the Constitution because it codifies these birthrights, which exist even if the text itself were to be changed.
The results of our collective democratic will have exposed the house of cards propped up by opaque electoral funding and compromised institutions. This is a testament to the daring and resolve of those who kept the faith.
The fight for our democracy is inspiring, even when the odds are long and our institutions have been damaged. I offer my strength and support to democrats everywhere, both within and outside the political arena, who show such courage.
When the Prime Minister engages in speech that violates criminal laws on hate speech and election laws, it is a direct assault on our constitutional fabric. I believe the Election Commission must be held accountable for its inaction.
A graphic from Bolta Hindustan quoting my question about the Election Commission's silence on hate speech by the Prime Minister. Public accountability is crucial for upholding the rule of law.
During a television debate on the UAPA charge against Arundhati Roy, I argued that the case is a face saving device by the government. With the Supreme Court having stayed all sedition cases, this 14 year late charge is legally untenable.
As a lawyer for AIB after their roast, I learned that while a tasteless joke is fleeting, a registered FIR is not. Criminal complaints are often filed for publicity, a misuse of the legal process that I frequently challenge.
In cases concerning free speech, I have argued that older Supreme Court judgments like Ramji Lal Modi should be declared per incuriam, or wrong, in light of later, more nuanced decisions. Obscenity laws are often too broad and misused.
About Upholding Democracy & Free Speech
When challenging charges like sedition or UAPA, timing is everything. Because arrests often follow news cycles, I prioritize the immediate quashing of FIRs and securing interim relief. We do not just wait for the court; we identify the procedural flaws in the state's case to stop the process before it disrupts your life.
The law is often used as a weapon against dissenters, activists, and journalists. My work is focused on ensuring that the state cannot use criminal law to silence legitimate protest or political opposition. When I represent clients against charges like sedition or UAPA, I do not just look at the statute; I analyze how the charge interacts with the current news cycle and the specific bench hearing the matter.
My Approach to Constitutional Litigation
- Aggressive Interim Relief: Where the threat of incarceration is immediate, I move for quashing or stay of the FIR. We rely on the Supreme Court's current stance on sedition to push for the dismissal of untenable charges.
- Constitutional Nuance: I draft petitions to highlight core questions of Article 14, 19, and 21. It is not enough to argue on facts alone; we must ground every case in constitutional morality.
- Transparency and Accountability: From striking down the Electoral Bonds scheme to demanding accountability from the Election Commission, my practice extends to holding state institutions to the standards promised by the Constitution.
- Expert Counsel: My team at our South Delhi chambers conducts a thorough pre-conference review of all FIRs and lower court orders to prepare a 'List of Dates and Events' that presents your case clearly to the Bench.
Justice is slow, but we must keep working. If you are facing legal hurdles that involve the infringement of your fundamental rights or threats to your freedom of speech, we will strategize the fastest and most effective path to remedy.
Karuna Nundy
I am Karuna. I believe the law exists to protect the people, not to silence them. Whether I am challenging sedition charges or fighting for transparency, I stand with those who speak truth to power.
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