An interesting comment from Prof. Francis Boyle: "I was originally hired here to teach Criminal Law and taught it for several years before I moved over to Human Rights. Under the Anglo-American Common Law of Crimes, a “conspiracy” is defined as an agreement between two or more people to commit an illegal act, or to perform a legal act by illegal means. So legally the term “conspiracy theory” means absolutely nothing. It is simply used by those in power to discredit those who criticize them." - Prof Francis Boyle, Law, USA. Now it appears that the scenario in India is also similar and vague on the definition of conspiracy: Section 120A in The Indian Penal Code- 120A. Definition of criminal conspiracy.—When two or more per¬sons agree to do, or cause to be done,— (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agree¬ment is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. The conspiracy theory is used to discredit those who criticize the forces in power. Abdul Nasar Maudany is a victim of such a theory. But the interesting aspect of this `conspiracy theory’ is that if this is the law of the land, then many of the ministers of the Central Government and the State Governments should be behind the bars for violating the above law for conspiring to undertake illegal actions. They have conspired to violate the Coastal Zone Regulation Notification (CRZ), Forest Rights Act, various clauses of illegal violations of human rights relating to Land Acquisition, PESA, AFSPA, UAPA and many other laws relating to the minorities, Dalits, Adivasis and other marginalised sections.. Can any legal activist take this debate forward, please.
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